Under what circumstances may the court reduce/waive a restitution fine?
Penal Code section 1202.4(b)(1) requires a restitution fine of at least $100 and not more than $1,000 for a misdemeanor conviction, and $200 and not more than $10,000 for a felony conviction, unless compelling and extraordinary reasons for not imposing the fine are stated on the record. Furthermore, Penal Code section 1202.4(c) states that the offender’s inability to pay is a factor only in assessing the amount of the fine in excess of the minimum. Inability to pay is not a compelling and extraordinary reason to waive the restitution fine. Therefore, absent compelling and extraordinary reasons, a minimum restitution fine is required, regardless of whether the offender has the ability to pay it. In setting the fine above the minimum, the court may consider any relevant factors including, but not limited to, the defendant’s ability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crim
