Section 1205 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1205
. (a) A judgment that the defendant pay a fine, with or without
other punishment, may also direct that he or she be imprisoned until
the fine is satisfied and may further direct that the imprisonment
begin at and continue after the expiration of any imprisonment
imposed as a part of the punishment or of any other imprisonment to
which the defendant may have been sentenced. The judgment shall
specify the term of imprisonment for nonpayment of the fine, which
shall not be more than one day for each one hundred twenty five
dollars ($125) of the fine, nor exceed the term for which the
defendant may be sentenced to imprisonment for the offense of which
he or she has been convicted. A defendant held in custody for
nonpayment of a fine shall be entitled to credit on the fine for each
day he or she is held in custody, at the rate specified in the
judgment. When the defendant has been convicted of a misdemeanor, a
judgment that the defendant pay a fine may also direct that he or she
pay the fine within a limited time or in installments on specified
dates, and that in default of payment as stipulated he or she be
imprisoned in the discretion of the court either until the defaulted
installment is satisfied or until the fine is satisfied in full; but
unless the direction is given in the judgment, the fine shall be
payable.
(b) Except as otherwise provided in case of fines imposed, as a
condition of probation, the defendant shall pay the fine to the clerk
of the court, or to the judge if there is no clerk, unless the
defendant is taken into custody for nonpayment of the fine, in which
event payments made while he or she is in custody shall be made to
the officer who holds the defendant in custody, and all amounts paid
shall be paid over by the officer to the court that rendered the
judgment. The clerk shall report to the court every default in
payment of a fine or any part of that fine, or if there is no clerk,
the court shall take notice of the default. If time has been given
for payment of a fine or it has been made payable in installments,
the court shall, upon any default in payment, immediately order the
arrest of the defendant and order him or her to show cause why he or
she should not be imprisoned until the fine or installment is
satisfied in full. If the fine or installment is payable forthwith
and it is not paid, the court shall, without further proceedings,
immediately commit the defendant to the custody of the proper officer
to be held in custody until the fine or installment is satisfied in
full.
(c) This section applies to any violation of any of the codes or
statutes of this state punishable by a fine or by a fine and
imprisonment.
(d) Nothing in this section shall be construed to prohibit the
clerk of the court, or the judge if there is no clerk, from turning
these accounts over to another county department or a collecting
agency for processing and collection.
(e) The defendant shall pay to the clerk of the court or the
collecting agency a fee for the processing of installment accounts.
This fee shall equal the administrative and clerical costs, as
determined by the board of supervisors, or by the court, depending on
which entity administers the account. The defendant shall pay to the
clerk of the court or the collecting agency the fee established for
the processing of the accounts receivable that are not to be paid in
installments. The fee shall equal the administrative and clerical
costs, as determined by the board of supervisors, or by the court,
depending on which entity administers the account, except that the
fee shall not exceed thirty dollars ($30).
(f) This section shall not apply to restitution fines and
restitution orders.