§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]
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2006–2022 · leading case:
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
· cites it 11× “HRS § 351-62.6 provides: (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.”
State v. Yamashita., 151 Haw. 390 (Haw. 2022).
· cites it 11× “HRS § 351-62.6 provides: (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.”
State v. Herbert, 145 P.3d 751 (Haw. App. 2006).
“The crime victim compensation fee was imposed pursuant to HRS § 351-62.6 (Supp.2004) based on the "seriousness of the offense.”
— Haw. Rev. Stat. § 351-62.6(a) — 2 cases
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
“HRS § 351-62.6 provides: (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.”
State v. Yamashita., 151 Haw. 390 (Haw. 2022).
“HRS § 351-62.6 provides: (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.”
— Haw. Rev. Stat. § 351-62.6(b) — 2 cases
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
“HRS § 351-62.6 provides: (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.”
State v. Yamashita., 151 Haw. 390 (Haw. 2022).
“HRS § 351-62.6 provides: (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.”
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