2013 Hawaii Revised Statutes
TITLE 20. SOCIAL SERVICES
351. Crime Victim Compensation
351-62.6 Compensation fee.


HI Rev Stat § 351-62.6 (2013) What's This?

§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]

Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.