CRIMINAL

fines chartS Page

Drug Fines Worksheet
This article by FDAP Staff Attorney Stephanie Clarke contains a suggested worksheet for the applicable fees and penalty assessments in drug cases.
Misc. Monetary Fines, Fees and Penalty Assessments in Criminal Cases

Watch the corresponding MCLE video under the "Sentencing" topic:
Chart Disclaimer:
The list is current as of January 2010 and covers only selected codes in the Government Code, Penal Code, Health & Safety Code, and Vehicle Code - in that order. This is not an exhaustive list of fines and fees that can be imposed for criminal convictions. Further, there may be some exceptions to a listed fine that are not included. The chart is intended to get you started in your investigation; it is not intended to be a substitute for reading the applicable code section(s) and/or shepardizing for recent case law that may apply.

Print Instructions:
To print this chart, click the small print icon at the top right-hand corner of this page.

Authorizing Statute	Applies to	Amount	Ability to Pay Dispositive?	Fine Mandatory?	Effective Date
Gov. Code, §29550.2	Any person booked into county jail by any governmental entity not specified in §29550 or §29550.1, if the person is conficted of a criminal offense relating to the arrest and booking	Not to exceed "actual administrative costs" defined in subd. (c)	Yes, but issue is waived if no objection below [1]	No	09/14/92; w/ amendments & operative dates
Gov. Code, §70372	Every fine, penalty forfeiture, except restitution fines and parking fines	$5 for every $10, subject to a reduction differing by county. [2]	No, but if defendant in prison, court can waive as hardship (§70372, subd. (E))	Yes	01/01/03
Gov. Code, §70373 [3]	Every criminal offense including traffic offenses, but not parking offenses	$30 for felonies and misdemeanors, $35 for infractions.	No	Yes	01/01/09
Gov. Code, §76000	Every fine, penalty or forfeiture [4]	Max of $7 penalty for every $10. It varies by county. There is a chart in the 2010 statute listing the amount each county charges.	No	Yes	07/27/91; w/ later amendments
Gov. Code, §76000.5	Every fine, penalty or forfeiture, But does NOT apply to restitution fines, PC §1464 penalties, parking offenses, PC §1465.7	$2 penalty for every $10 penalty	No	Yes, if the county has elected to levy it.	01/01/09
Gov. Code, §76104.6 [5]	Every fine, penalty or forfeiture; to implement DNA fingerprinting and Unsolved Crime & Innocence Protection Act But does NOT apply to restitution fines, PC §1464 penalties, parking offenses, PC §1465.7, or Gov. Code §70373	$1 penalty for every $10, or fraction thereof	No	Yes	11/03/04; amended 1/1/08 (rejecting the interpretation of People v. Chavez (2007) 150 CA4th 1288)
Gov. Code, §76104.7	Every fine, penalty or forfeiture; additional to 76104.6 penalty; for operation of DNA fingerprinting and Unsolved Crime & Innocence Protection Act But does NOT apply to restitution fines, PC §1464 penalties, parking offenses, PC §1465.7 or Gov. Code §70373	$3 penalty for every $10, or fraction thereof	No	Yes	7/12/06; amended 1/1/08 (rejecting the interpretation of People v. Chavez (2007) 150 CA4th 1288); eff. 6/10/2010 increased to $3
Pen. Code, §147	Officer inhumanely/oppressively treating prisoners	≤$4,000 and removal from office	No	Yes*	Enacted 1872; w/ later amendment & operative date
Pen.Code, §158	Barratry or "exciting groundless judicial proceedings"	≤$1,000 plus ≤6 months county jail time	No	Yes*	Enacted 1872; w/ later amendement & operative date
Pen. Code, §186.11(c)	Two or more related fraud or embezzlement felonies involving taking of > $100,000. May trump all other fines. (§186.11, subd. (l).)	≤$500,000 or 2x the taking, whichever is greater; but if taking was ≥ $100,000 - ≤$500,000, then fine ≤$100,000 or 2x the taking.	No	Yes, if facts are pled and proven.	1997; w/ later amendments & operative dates
Pen. Code, §186.28	Person/corporation supplying, selling, giving firearm to individual knowing it will be used to commit felony described in Pen. Code, §186.22(e) and (f) the firearm used to commit felony and person using firearm convicted	≤$1,000 and/or imprisonment	No	No Does not apply to person convicted as principal in the felony offense	1993
Pen. Code, §243.4	Sexual battery (a) unwanted sexual touching[6] of another who is restrained	≤$2,000 and county jail or≤$10,000 and prison	No	Yes*	1983; w/ later amendments
	(b)sexual touching of one institutionalized for medical treatment and is seriously disabled, medically incapacitated	≤$2,000 and county jail or ≤$10,000 and prison	No	Yes*
	(c) sexual touching disguised as professional treatment	≤$2,000 and county jail or ≤10,000 and prison	No	Yes*
	(d) forcing a restrained, or institutionalized and disabled individual to engage in sexual touching	≤$2,000 and county jail or ≤10,000 and prison	No	Yes*
	(e) any unwanted sexual touching of another	≤$2,000 and/or county jail	No	No
	If person touched is an employee of defendant	then ≤$3,000 and/or county jail	No	No
	(j) violation of (a)(b)(c)(d) against a minor with prior conviction under this section	≤$10,000 and prison	No	Yes*
Pen. Code, §264	Pen. Code, §261, 262	≤$70	Yes	No	1872; w/ later amendments & operative dates
Pen. Code, §290.3	Sex offense specified in Pen. Code, § 290(a)	$300 first conviction; $500 second and each subsequent conviction.	No [7]	Yes, unless court determines no ability to pay	1989; w/ later amendments & operative dates; eff. 9/20/06 fines increased to $200/$300; eff. 11/7/06 increased to $300/$500 (Prop. 83)
Pen. Code, §294(a)	Pen. Code, §§ 273a, 273d, 288.5, 311.2, 311.3, 647.6.	≤$5,000 felony ≤$1,000 misd. + collection cost to county not to exceed 2% total paid	Yes	No	1994
Pen. Code, §294(b)	Pen. Code, §§ 261, 264.1, 285, 286, 288a, 289, where victim < 14 years old.	≤$5,000 felony ≤$1,000 misd. + 2% collection cost to county	Yes	No	1994
Pen. Code, §298.1	Refusal to give blood, saliva, thumb or palm print after written notice	$500 plus ≤1 year; if imprisoned already, according to CDC schedule for misdemeanors	No	Yes	1999; w/ later amendment
Pen. Code, §308	(a) Tobacco/smoking parapheranlia sold/furnished to minors				1892; w/ later amendments & operative dates
	1st offense	$200	No	Yes
	2nd offense	$500	No	Yes
	3rd offense	$1000	No	Yes
	(b) purchase/receipt by minor	$75 or 30 hrs community service	No	Yes
Pen. Code, §456	Anyone convicted of felony arson (Pen. Code, §451)	≤$50,000 or, if arson committed for financial gain, 2 anticipated/ actual gross gain	No	No	1978; w/ later amendment
Pen.Code, §490.5 (a)	First conviction for petty theft of retail merchandise or library materials	$50 to $1000 for each violation Parent/guardian of un-emancipated minor jointly liable with minor for $50 - $500 plus costs plus value of merchandise if not in merchantable condition	No	Community service in lieu of fine possible	1977; w/ later amendments
Pen.Code, §672	Offenses carrying jail or prison sentence for which no fine prescribed	≤$1000 for misdemeanors; ≤$10,000 for felonies plus imprisonment	No	No	1872; w/ later amendment & operative dates
Pen. Code, §987.5 (a)	Registration fee assessed defendant represented by appointed counsel.	≤$50	Yes	Yes, unless unable to pay	08/19/96; with later amendment
Pen. Code, §987.8	Attorney fees assessed defendant represented by appointed counsel.[8]	Reasonable cost of representation, determined upon hearing re "present ability" to pay.	Yes	No	1982 with later amendments
Pen. Code, §1001.90	Defendant granted diversion under this section.	$100 - $1,000	No. Can be considered, but not dispositive.	Imposition, yes, but court can waive it; amount no.	08/03/95; w/ later amendment
Pen. Code, §1202.4(b)	All crimes.	$200 - $10,000 felonies [9] $100 - $1,000 misd. No penalty assessments. (Pen. Code, § 1202.4(e).) + 10% collection fee if county opts. (Pen. Code, § 1202.4(l).) [10]	No. Can be considered only if fine exceeds minimum.	Yes, unless compelling and extraordinary reasons for not imposing fine [11]	09/27/83 operative 01/01/84; w/ later amendments
Pen. Code, §1202.44	All crimes where a conditional sentence or a sentence that includes a period of probation, is imposed.	Same amount as that imposed pursuant to PC 1202.4(b)	No	Yes, “absent compelling and extraordinary reasons stated on the record.”	08/16/04
Pen. Code, §1202.45	All crimes in which sentence includes parole term. Suspended unless parole revoked. But does NOT apply to penalty provisions of Pen. Code, §§ 1464, 1465.7, or Gov. Code, §76000, et seq.	Same as restitution fine under section 1202.4.	No	Yes[12]	08/03/95; w/ later amendment
Pen. Code, §1202.5[13]	Pen. Code, §§ 211, 215, 459, 470, 484, 487, 488, 594	$10	Yes	Yes	1986; w/ later amendments
Pen. Code, §1203.044	Felony theft > $50,000 in a single transaction, where defendant granted probation.				Repealed eff. 1/1/08
Pen. Code, §1203.097	Crime in which victim is a person defined in Family Code § 6211 and defendant gets probation.	$200 minimum fee per (a)(5). In lieu of fine, but not in lieu of above fee, up to $5,000 to women's shelter and/or victim's expenses.	Yes Yes	Yes, unless after a hearing the court finds no ability to pay. No	2004; operative 01/01/07
Pen. Code, §1203.1(e)	Probationers	Actual cost of emergency response, paid to public agency.	No	No	1936; w/ later amendments & operative dates
Pen. Code, §1203.1ab	Convictions for drug offenses w/ testing ordered (as defined)	Actual cost of testing	Yes	Yes	1988 w/ later amendments
Pen. Code, §1203.1b	Probationers [14]	"reasonable cost of probation" services as defined in the statute.	Yes	Yes	1981 w/ later amendments
Pen. Code, §1203.1bb	Ignition interlock devices	Actual cost	No	Yes	9/28/90 w/ later amendments
Pen. Code, §1203.1c	Probationers incarcerated in county jail as a condition of probation.	Reasonable cost of incarceration; cost may be set by local officials.	Yes	No	1983; w/ later amendments
Pen. Code, §1203.1e	Parolees from local custody	Reasonable costs not to exceed average cost	Yes	Yes	9/18/91 w/ later amendments
Pen. Code, §1203.1g	Defendants convicted of sexual assault on minor and granted probation.	Cost of medical / psychological treatment of victim. Imposed as a condition of probation.	No	Yes	1986; w/ later amendments
Pen. Code, §1203.1h	Defendants convicted of any offense involving child abuse and neglect.	Cost of medical examination on victim to determine nature and extent of abuse, or for collection and preservation of evidence. Payable to law enforcement agency that incurred the cost.	Yes	No	1986; w/ later amendment
Pen. Code, §1203.1i	Violation of building standards.	Cost of house confinement.	Yes	No	1988
Pen. Code, §1203.1j	Defendants convicted of assault, etc., on victim > 65 years and defendant reasonably should have known victim's age.	Cost of medical / psychological treatment incurred as a result of the crime. Imposed as a condition of probation.	No	Yes	1988; w/ later amendment
Pen. Code, §1203.1m	Defendant sentenced to prison.	Reasonable cost of imprisonment.	Yes	No	07/09/94
Pen. Code, §1203.4(c)	Filing fee for discharged probationer seeking change of plea or setting aside verdict:	≤$150	Yes	No [15]	1983; w/ later amendments
Pen. Code, §1205	Imprisonment to satisfy a restitution fine or restitution order for any violation of any codes or statutes of state if defendant has defaulted on payment of other fines	≤one day per $30 (d) actual processing fee ≤$35 fee for installments; ≤$30 fee to process a fine	No No No	No Yes Yes	1872; w/ later amendments
Pen. Code, §1214.1	Defendant fails to appear or fails to pay fine after notice and without good cause.	≤$250	No	No	1986; w/ later amendments
Pen. Code, §1463.07	Any person arrested and released on OR, if convicted of offense related to the arrest. Any person cited and released, if convicted of offense related to the arrest.	$25 $10	Yes Yes	Yes Yes	1998
Pen.Code, §1463.13	Where alcohol/substance abuse is substantially involved in crime and the county operates an alcohol/substance problem assessment program. (This does not apply to DUI or "related" offenses.)	≤$150 on every fine, penalty, forfeiture imposed and collected and defendant ordered to participate in county alcohol/drug assessment program	Yes	No	2001
Pen. Code, §1463.14-1463.23	These provisions appear to be allocation sections only, not independent fines.
Pen. Code, §1464	Every fine, penalty or forfeiture imposed and collected for all criminal offenses. [16]	$10 for every $10 or less imposed as a fine, fee penalty or forfeiture.	No, but after imposed, the court can waive all or part if it works a hardship on the convicted person or his immediate family.	Yes	1982; w/ later amendments
Pen. Code, §1465.7	State surcharge on all fines, except restitution fines and GC §70373. This surcharge is in addition to penalty provisions of PC §1464	20% is added to the base fine as calculated under Pen. Code, §1464, subd.(a) [17]	No	Yes	09/30/02; w/ later amendments.
Pen. Code, §1465.8	Court security fee for every criminal conviction [18] Penalties under Gov. Code, §76000, et seq. and Pen. Code, §1465.7, do not apply to this fee	currently $30 but the $10 increase in the fine sunsets on 7/1/2011.	No	Yes	08/02/03; operative 08/17/03; amended 1/1/08 & 7/28/09
Pen. Code, §4600	Intentional damage to jail/prison damage less than $400	≤$10,000 and prison misdemeanor	No No	Yes Yes	1942; w/ later amendments & operative dates
Pen. Code, §11413	Terrorism; use of destructive/explosive device in certain places listed in subdivision (b)	≤$10,000 plus prison	Yes	No	1986; w/ later amendments
Health & Saf. Code, §11350(c)	Defendant possessing a controlled substance under (a) or (b) of this section.	≤$70	Yes	No	1990; w/ later amendments
Health & Saf. Code, §11350(d)	Defendant convicted under this section and granted probation.	"at least" $1,000 for first offense (or community service), and "at least" $2,000 for second offense (or community service).	No, but community service in lieu of fine if no ability to pay.	Yes, unless this would not serve the interests of justice.	1992; w/ later amendment
Health & Saf. Code, §11352.5	Possession for sale of 14.25 grams of heroin; or sale of 14.25 grams of heroin; or sale / possession for sale of heroin with priors.	≤$50,000	Yes	Yes	1977; w/ later amendment
Health & Saf. Code, §11372(a)	Health & Saf. Code, §§ 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360, 11361	≤$20,000 per offense	No	No	1973; w/ later amendments
Health & Saf. Code, §11372(b)	Health & Saf. Code, §§ 11370.4(a)(1)	≤$1,000,000 per offense	Yes	No	1988; w/ later amendment
Health & Saf. Code, §11372(c)	Health & Saf. Code, §§ 11370.4(a)(2)	≤$4,000,000 per offense	Yes	No	1988; w/ later amendment
Health & Saf. Code, §11372(d)	Health & Saf. Code, §§ 11370.4(a)(3)	≤$8,000,000 per offense	Yes	No	1988; w/ later amendment
Health & Saf. Code, §11372.5 (criminal lab fee)	Health & Saf. Code, §§ 11350, 11351, 11351.5, 11352, 11355, 11357(a) or (c), 1358, 11359, 11360(a), 11361, 11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11382, 11383, 11390, 11391, 11550; Bus. & Prof. Code, § 4230.	$50 per offense.	No	Yes	1981; w/ later amendments
Health & Saf. Code, §11372.7 (drug program fee)	All convicted under this chapter, except persons convicted under Health & Saf. Code, § 11357(b). (See Health & Saf. Code, § 11372.7(e).)	≤$150 per offense.	Yes, but an express finding is not required.	Yes, but if not imposed by trial court, arguable there is an implied finding of inability to pay as the trial court is presumed to perform its duty.	1987; w/ later amendments
Health & Saf. Code, §11377 (c)	Anyone convicted of Health & Saf. Code, § 11377(a).	≤$70	Yes	No	1989; w/ later amendments
Health & Saf. Code, §11379.6	For manufacturing any controlled substance specified in § 11054, 11055, 11056, 11057 or 11058.	≤$50,000	No	Yes	1990; w/ later amendment
Health & Saf. Code, §11470.2	Procedure where there is a criminal conviction for damages in lieu of civil action for damages under §11470.1 incurred seizing and eradicating controlled substances] [19]	All recoverable expenses under §11470.1	No	No	1984
Veh. Code §23550	Conviction Veh. Code, §23152 within 10 years of 3 or more separate felony violations of 23103 as specified in §§ 23103.5, 23152, 23153, or any combination.	$390 to $1,000	No	Yes	07/01/99
Veh. Code §23550.5	Conviction Veh. Code, §23152 or 23153, within 10 years of any felony violations of: 23152, 23153, 23550, 23550.5, Pen. Code §192 (as specified in subd. (a)), or conviction of Pen. Code §191.5 (as specified in subd. (b)).	$390 to $1,000	No	No	07/01/99; w/ later amendments & operative dates
Veh. Code §23554	First conviction of Veh. Code, §23153	$390 min. $1000 max.	No	Yes	07/01/99; w/ later amendment
Veh. Code §23560	Second conviction of Veh. Code, §23153 w/in 10 years of a separate violation of Veh. Code §23103, as specified in § § 23103.5, 23152, or 23153.	$390 min. $1000 max.	No	Yes	07/01/99; w/ later amendment
Veh. Code §23566(a)	Conviction Veh. Code, §23153 with two or more violations §23103 (specified in §23103.5), 23152 or 23153 or combination within 7 years	$1,015 - $5,000	No	Yes	07/01/99; w/ later amendments & operative dates
Veh. Code §23566(b)	Conviction Veh.Code, §23153 and act or neglect proximately causes GBI to other than driver + 2 or more violations §23103 (specified in §23103.5), 23152, 23153 or combination within 7 years	$1,015 - $5,000	No	Yes	07/01/99; w/ later amendments & operative dates
Veh. Code §23568	Probation condition for persons convicted of Veh. Code §23566 and restitution under Pen. Code, §1203.1	$390 - $5000 + restitution under Pen. Code, §1203.1	No	Yes	07/01/99; w/ later amendments & operative dates
Veh. Code, §42000	Unless a penalty is expressly provided by the Vehicle Code, conviction for any Vehicle Code felony	$1000 - $10,000 and/or prison	No	Yes* if other penalty not expressly provided	1959; w/ later amendments and operative dates
Authorizing Statute	Applies to	Amount	Ability to Pay Dispositive?	Fine Mandatory?	Effective Date

* Where a statute provides that a crime "is punishable by" imprisonment and a fine, the fine is characterized for this schedule as mandatory.

[1] See People v. Hodges (1999) 70 Cal.App.4th 1348, 1357.

[2]See People v. McCoy (2007) 156 Cal.App.4th 1246. Imposition of the fee for offenses committed before the effective date violates ex post facto provisions of the state and federal constitutions. (People v. High (2004) 119 Cal.App.4th 1192.)

[3] This assessment is in addition to the assessment under Penal Code section 1464, and may not be included in the base fine to calculate the assessment under that statute. Imposition of the assessment for crimes committed before the statute's enactment does not violate ex post facto principles. (People v. Castillo (2010) 182 Cal.App.4th 1410.) But the assessment applies only to cases cases in which the conviction, either by plea or jury verdict, occurred on or after its effective date. (People v. Davis (2010) 185 Cal.App.4th 998.)

[4] By statute, Government Code section 76000 does not apply to Penal Code sections 1202.4, 1202.45, 1464, 1465.8, or to Government Code section 70373. Applies to Health and Safety Code section 11372.7 (People v Sierra (1995, 5th Dist.) 37 Cal.App.4th 1690), laboratory analysis fee under Health and Safety Code section 11372.5, subdivision (b), drug program fee under Health and Safety Code section 11372.7 (People v. Martinez (1998, 2nd Dist.) 65 Cal.App.4th 1511), but not to direct victim restitution (People v. Dorsey (1999, 2nd Dist) 75 Cal.App.4th 729, and where applicable, the penalty is not waived when the prosecution fails to object to its omission (People v. Smith (2001) 24 Cal.4th 849).

[5] Imposition of the DNA penalty assessment per Government Code section 76104.6 on offenses that occurred prior to the statute's effective date is a violation of the constitutional prohibition against ex post facto laws. (People v. Batman (2008) 159 Cal.App.4th 587.)

[6] Sexual touching is shorthand for "for the purpose of sexual arousal, sexual gratification or sexual abuse."

[7] According to case law, prior determination of defendant's ability to pay is not a predicate to levy of the fine upon conviction under section 290.3. The burden is on the defendant to raise the issue of ability to pay. (People v. McMahan (1992) 3 Cal.App.4th 740.)

[8] Payment cannot be made a condition of probation. (People v. Bradus (2007) 149 Cal.App.4th 636, 640-643; People v. Hart (1998) 65 Cal.App.4th 902, 906-907.)

[9] The court may calculate the fine by multiplying $200 x years in prison x number of felony counts.

[10] People v. Robertson (2009) 174 Cal.App.4th 206, 210-211.

[11] Where the trial court fails to impose the fine and the prosecution does not object, the prosecution cannot raise the issue on appeal. (People v. Tillman (2000) 22 Cal.4th 300.) Query: Does this mean the appellate court cannot impose the fine on appeal on its own motion in, for example, a Wende review? (See People v. Williams (1997) 17 Cal.4th 148, 161, fn.6, suggesting that the waiver rule binds only the parties.)

[12] Where the trial court imposes a restitution fine but omits or imposes an erroneous parole revocation fine under § 1202.45, the § 1202.45 fine can be corrected even if the prosecution fails to object because if a §1202.4 fine is imposed, a §1202.45 fine is required and failure to impose it results in an unauthorized sentence. (People v. Smith (2001) 24 Cal.4th 849.)

[13] The usual penalties should be added to the $10 fine. (People v. Knightbent (2010) __ Cal.App.4th __ (C061208).)

[14] Payment cannot be made a condition of probation. (People v. Bradus (2007) 149 Cal.App.4th 636, 640-643; People v. Hart (1998) 65 Cal.App.4th 902, 906-907.)

[15] Clerk cannot impose fee at time of filing; court determines ability to pay. (Lewis v. Clarke (2003) 108 Cal.App.4th 563.)

[16] Except does not apply to any parking offense, any restitution fine (Pen. Code, secs. 1202.4, 1202.44 and 1202.45) any county penalties authorized by Ch. 12 (starting with Gov. Code, sec. 76000), or the state surcharge (Pen. Code, sec. 1465.7). (See Pen. Code, sec. 1464, subd. (a)(3).) Cross reference Government Code section 76000, providing for additional $7 penalty for ever $10 penalty ordered.

[17] This surcharge became operative on 9/30/02. Imposition of the surcharge for offenses committed before this date violates ex-post facto provisions of the state and federal constitutions. (People v. High (2004) 119 Cal.App.4th 1192.)

[18] The security fee does not implicate ex post facto principles because it is not punitive in nature. (People v. Alford (2007) 42 Cal.4th 749; People v. Wallace (2004) 120 Cal.App.4th 867.) But, a security fee cannot be imposed for juvenile adjudications of wardship because they are not "criminal convictions." (Egar v. Superior Court (2004) 120 Cal.App.4th 1306, 1308-1309.)

[19] Where defendants plead to charges, probation report cited this section and described expenses, and defendants did not object to restitution amount at sentencing, failure to object to the prosecution's failure to follow procedure outlined, including jury trial, is waived. (People v. Brach (2002) 95 Cal.App.4th 571.)