Section 420.30. Remission of fines, restitution or reparation  


Latest version.
  • 1.  Applicability.  The  procedure  specified  in this section governs
      remission of fines, restitution or reparation in all cases  not  covered
      by subdivision four of section 420.10.
        2.  Procedure.  (a)  Any  superior  court  which  has  imposed a fine,
      restitution or reparation for any offense may,  in  its  discretion,  on
      five  days  notice  to the district attorney of the county in which such
      fine, restitution or reparation was imposed and to each person otherwise
      required to be given notice of restitution  or  reparation  pursuant  to
      subdivision  one  of  section  420.10,  remit  such fine, restitution or
      reparation or any portion thereof. In case of  a  fine,  restitution  or
      reparation imposed by a local criminal court for any offense, a superior
      court  holding  a  term  in the county in which the fine, restitution or
      reparation  was  imposed  may,  upon  like  notice,  remit  such   fine,
      restitution or reparation or any portion thereof.
        (b)  The  court  shall  give  each  person  given  notice a reasonable
      opportunity to be heard  on  the  question  of  remitting  an  order  of
      restitution  or  reparation.  If  the  court  remits such restitution or
      reparation, or any part thereof, the reasons therefor  shall  be  placed
      upon the record.
        3. Restrictions. In no event shall a mandatory surcharge, sex offender
      registration  fee,  DNA  databank  fee or crime victim assistance fee be
      remitted provided, however, that a court  may  waive  the  crime  victim
      assistance  fee  if  such  defendant  is an eligible youth as defined in
      subdivision two of section 720.10 of this chapter, and the imposition of
      such fee would work an unreasonable hardship on the  defendant,  his  or
      her  immediate  family,  or  any  other  person who is dependent on such
      defendant for financial support.