California Codes

Cal. Penal Code § 1205 (2026)

✓ current as of May 2026

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(a)A judgment that the defendant pay a fine, with or without other punishment, may also direct that the defendant be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty-five dollars ($125) of the base fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which the defendant has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day the defendant is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that the defendant pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied.

(b)Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while the defendant is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order the defendant to show cause why they should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full.

(c)This section applies to any violation of any of the codes or statutes of this state punishable by a fine or by a fine and imprisonment.

(d)Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection.

(e)This section shall not apply to restitution fines and restitution orders.

(f)This section shall become operative on January 1, 2022.

Notes of Decisions

Cited in 29 cases (2 in the last 5 years), 1967–2024 · leading case: People v. Jones, 249 Cal. Rptr. 3d 190 (Cal. Ct. App. 5th 2019).

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People v. Jones, 249 Cal. Rptr. 3d 190 (Cal. Ct. App. 5th 2019). “( Pen. Code, § 1205, subds. (a), (f) [although a "judgment that the defendant pay a fine .”

Williams v. Illinois, 399 U.S. 235 (1970). · cites it 2× “, Cal. Penal Code § 1205 ; Mich. Comp. Laws § 769.”

Tate v. Short, 401 U.S. 395 (1971). · cites it 2× “, Cal. Penal Code § 1205 (1970) (misdemeanors); Del.”

People v. High, 2004 Cal. Daily Op. Serv. 5821 (Cal. Ct. App. 2004). “(Pen. Code, § 1205, subd. (c).) Thus, even where the Department of Corrections has no statutory obligation to collect a particular fee, such as the laboratory fee imposed under Health and Safety Code section 11372.”

People v. Giminez, 534 P.2d 65 (Cal. 1975). · cites it 2× “Code, § 1203); (2) probation upon various nonpenal conditions; (3) probation with a fine as a condition thereof (Pen. Code, § 1205); (4) probation with time in the county jail as a condition; (5) imprisonment in the county jail up to one year; (6) imprisonment in the state…”

People v. Hamed, 221 Cal. App. 4th 928 (Cal. Ct. App. 2013). “If the abstract does not specify the amount of each fine, the Department of Corrections cannot fulfill its statutory duty to collect and forward deductions from prisoner wages to the appropriate agency.”

In Re Antazo, 473 P.2d 999 (Cal. 1970). · cites it 2× “(9) We further conclude that *116 Penal Code sections 1205 and 13521 as applied to petitioner are unconstitutional.”

In Re Smiley, 427 P.2d 179 (Cal. 1967). “(1); Pen. Code, § 1205.) Miloslavich’s sentence was suspended and probation was granted, and he paid his fine forthwith.”

In Re Ciraolo, 450 P.2d 241 (Cal. 1969). “6 Penal Code section 1205 authorizes imprisonment in lieu of a fine but limits such imprisonment to the maximum term permitted for the particular offense.”

In Re Keller, 49 Cal. App. 3d 663 (Cal. Ct. App. 1975). “2d 999 ] [indigents]), in the alternative by serving one day in jail for each $20 of the fine, or a possible total of 25 days in jail (Pen. Code, § 1205). Additionally, we observe, Keller could have been prosecuted under Penal Code, section 166 for criminal contempt.”

People v. Lewis, 19 Cal. App. 3d 1019 (Cal. Ct. App. 1971). “In an appropriate case, deferred or installment payments may be enforced (Pen. Code, § 1205). 2 “The sociological and penological advantages of delayed and installment payments is ably discussed in Fines, Imprisonment and the Poor: Thirty Dollars or Thirty Days, 57 Cal.”

Hood v. Smedley, 498 P.2d 120 (Alaska 1972). “, Cal.Penal Code § 1205; Mich.Comp. Laws § 769.”

Show all 29 citing cases →

— Cal. Penal Code § 1205(a) — 3 cases

(PC) Dearwester v. California Dep't of Corr. & Rehab. (E.D. Cal. 2021).

Jackson v. Bonta (N.D. Cal. 2024).

DuRoss v. Brown CA3 (Cal. Ct. App. 2015).

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