People v. Kopp

Summary

The court held that challenges to punitive criminal fines should ordinarily proceed under the federal and state excessive-fines clauses, not through a categorical pre-imposition ability-to-pay hearing. It further held that equal protection requires courts, upon request, to consider a defendant's inability to pay before imposing specified court operations and facilities assessments because indigent civil litigants may obtain waivers for comparable court costs. The court also directed reconsideration of several payment orders, including the drug program fee, restitution-related fines, and the assessments.