Error and/or relief
The court imposed a minimum $300 restitution fine and an assessment of $70 in ancillary costs. The trial court held a hearing and determined that the defendant had the ability to pay. We affirm the order on ancillary costs but remand to give the defendant the opportunity to further challenge the restitution fine under Kopp.
First Holding:
A person convicted of a crime can, and in some cases must, be ordered to pay a variety of punitive fines along with other nonpunitive ancillary costs. Some statutes require the imposition of fines and ancillary costs regardless of a defendant’s ability to pay. Other statutes require a finding of the ability to pay or allow for its consideration. Restitution fines under section 1202.4 are considered punitive fines, whereas assessments to fund court facilities and operations are considered ancillary costs. The distinction between punitive fines and other imposed payments is important because it impacts whether a given form of required payment is initially challenged under, and then reviewed under, the constitutional excessive fines clauses, or under the constitutional provision for equal protection.
Authority:
People v. Kopp (2025) 19 Cal.5th 1, 11, 12, 14-15, 18 [we analyze fines and ancillary costs separately because different justifications support each, and different constitutional protections apply]
Second Holding:
If requested by a defendant, the court must consider the defendant’s inability to pay before imposing a court operations assessment under section 1465.8(a)(1), or a court facilities assessment under Government Code section 70373(a)(1).
Authority:
People v. Kopp (2025) 19 Cal.5th 1, 25-26, 30 [in light of the Legislature’s provision of fee waivers to indigent civil litigants, equal protection principles require a court, upon request, to consider a defendant’s inability to pay before imposing either assessment]
Third Holding:
In reaching its conclusion that the defendant did not meet his burden to show his inability to pay the ancillary costs, the court considered his potential to earn wages while in prison and his general ability to work, which was within its discretion to do. The trial court did not state that it was relying solely on the defendant’s ability to earn wages while in prison. The court found simply that he is capable of working. The trial court’s conclusion that he had the ability to pay $70 in court assessments was not arbitrary or irrational.
Authority:
People v. Fish (2024) 102 Cal.App.5th 730, 739 [collecting cases]
People v. Santos (2019) 38 Cal.App.5th 923, 934 [factors to consider in determining ability to pay may include, among others, the defendant’s realistic ability to earn prison wages or obtain employment]
People v. Castellano (2019) 33 Cal.App.5th 485, 490, disapproved in part as stated in Kopp, at p. 23, fn. 17. 490 [trial court may consider potential prison pay during the period of incarceration” in determining inability to pay]
People v. Cervantes (2020) 46 Cal.App.5th 213, 229 [ability to pay includes the ability both to obtain prison wages and to earn money after release from custody]
People v. Carmony (2004) 33 Cal.4th 367, 377 [a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it]
Fourth Holding:
Punitive fines are subject to a different approach. There is no due process requirement to hold an ability to pay hearing before imposing every punitive fine. Sentencing judges may, and often do, consider the defendant’s ability to pay, but in such circumstances they are guided by sound judicial discretion rather than by constitutional mandate.
Authority:
People v. Kopp (2025) 19 Cal.5th 1, 11, 23
San Antonio Indep. Sch. Dist. v. Rodriguez (1973) 411 U.S. 1, 22
Fifth Holding:
A court has discretion to impose a nonexcessive fine as punishment, even on indigent defendants. Thus, the excessive fines analysis, which considers ability to pay, is the proper vehicle to challenge punitive fines. The touchstone of the constitutional inquiry for excessive fines is the principle of proportionality: The amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish. While ability to pay may be part of the proportionality analysis, it is not the only factor.
Authority:
U.S. Const., 8th Amend.
Cal. Const., art. I, sec. 17
People v. Kopp (2025) 19 Cal.5th 1, 21, 23
United States v. Bajakajian (1998) 524 U.S. 321, 334
Sixth Holding:
Under section 1202.4(b), the restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendant’s inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine.
Authority:
PEN 1202.4
Seventh Holding:
A court’s ruling on ability to pay is reviewed for abuse of discretion. The defendant bears the burden of demonstrating his or her inability to pay the imposed amounts.
Authority:
People v. Kopp (2025) 19 Cal.5th 1, 21, 24
People v. Wilson (2023) 14 Cal.5th 839, 868
People v. Lowery (2020) 43 Cal.App.5th 1046, 1057, 1053