§351-62.6  Compensation fee.  (a)  Thecourt shall impose a compensation fee upon every defendant who has beenconvicted or who has entered a plea under section 853-1 and who is or will beable to pay the compensation fee.  The amount of the compensation fee shall becommensurate with the seriousness of the offense as follows:

(1)  Not less than $105 nor more than $505 for afelony;

(2)  $55 for a misdemeanor; and

(3)  $30 for a petty misdemeanor.

The compensation fee shall be separate from any finethat may be imposed under section 706-640 and shall be in addition to any otherdisposition under this chapter; provided that the court shall waive theimposition of a compensation fee if the defendant is unable to pay thecompensation fee.  Moneys from the compensation fees shall be deposited intothe crime victim compensation special fund under section 351-62.5.

(b)  The criteria of section 706-641 may applyto 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 theoffense;

(3)  The economic gain, if any, realized by thedefendant;

(4)  The number of victims; and

(5)  The defendant's earning capacity, includingfuture earning capacity.

(c)  The compensation fee shall be considered acivil judgment. [L 1998, c 206, §2; am L 1999, c 18, §8; am L 2000, c 115, §2;am L 2005, c 144, §1]