Crimes: assessments: restitution: ability to pay.

Existing law, in addition to restitution paid to a victim of a crime, requires the court to impose a separate and additional restitution fine of $150 to $1,000 for a misdemeanor and $300 to $10,000 for a felony unless the court finds compelling and extraordinary reasons for not doing so. Existing law prohibits a court from considering a defendant's inability to pay as a compelling and extraordinary reason not to impose the restitution fine. Existing law imposes an assessment of $30 on every conviction for a misdemeanor or felony and $35 on each infraction to ensure and maintain adequate funding for court facilities. Existing law also imposes an assessment of $40 on every conviction for a criminal offense to assist in funding court operations. Existing case law holds that due process of law requires a court to conduct an ability to pay hearing and ascertain the defendant's present ability to pay before it imposes these court facilities and court operations assessments or executes a restitution fine. This bill would instead make a defendants inability to pay a fine a compelling and extraordinary reason for a court to not impose a restitution fine upon a conviction of a misdemeanor or felony. The bill would require the court to impose the court facility and court operation assessments unless the court determines that the defendant does not have the ability to pay.