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Restitution fines are required by law in every criminal case in which an adult offender is convicted of a crime, unless a judge finds compelling and extraordinary reasons that the offender should not pay a fine. Fines for adults convicted of misdemeanors range from $100 to $1,000. Adults convicted of felonies must pay between $200 to $10,000.(Penal Code section 1202.4(b))
There is an additional restitution fine mandated when an adult offender receives a sentence that includes a period of parole (frequently this is referred to as a “parole revocation fine”). This fine is imposed in the same amount as the original restitution fine but is suspended unless the offender’s parole status is revoked. (Penal Code section 1202.45)
A trial court shall impose an additional restitution fine when an adult offender receives a conditional sentence or a sentence that includes a period of probation (frequently this is referred to as a “probation revocation restitution fine”). This fine is imposed in the same amount as the original restitution fine but is suspended unless the offender’s probation status is revoked. (Penal Code section 1202.44)
The VCGCB collects revenue owed to the Restitution Fund and ensures the integrity of the Fund and the Victims of Crime Act (VOCA) grant. In order to collect restitution owed, the VCGCB partners with the Franchise Tax Board and the California Department of Corrections of Rehabilitation to facilitate the imposition of restitution orders against criminal offenders through coordination with prosecutors, probation officers and the courts.
A mandatory “diversion restitution fee” of $100 to $1,000 is imposed on all adults whose cases are diverted in lieu of conviction. (Penal Code section 1001.90)
Restitution fines are also mandatory in juvenile cases, unless a judge finds compelling and extraordinary reasons that the offender should not pay a fine. Juvenile offenders convicted of misdemeanors pay up to $100. In a felony juveniles must pay between $100 and $1,000. (Welf. & Inst. Code section 730.6(d))
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