§351-62.6 - Compensation fee. - Hawaii Statutes

     §351-62.6  Compensation fee.  (a)  The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee.  The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:

     (1)  Not less than $105 nor more than $505 for a felony;

     (2)  $55 for a misdemeanor; and

     (3)  $30 for a petty misdemeanor.

The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee.  Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5.

     (b)  The criteria of section 706-641 may apply to this section.  In setting the amount of the compensation fee to be imposed, the court shall consider all relevant factors, including but not limited to:

     (1)  The seriousness of the offense;

     (2)  The circumstances of the commission of the offense;

     (3)  The economic gain, if any, realized by the defendant;

     (4)  The number of victims; and

     (5)  The defendant's earning capacity, including future earning capacity.

     (c)  The compensation fee shall be considered a civil judgment. [L 1998, c 206, §2; am L 1999, c 18, §8; am L 2000, c 115, §2; am L 2005, c 144, §1]