Kopp

Opinion of the Court by Corrigan, J.

We granted review to resolve a divergence among the Courts of Appeal regarding court-ordered financial obligations imposed on criminal defendants. Specifically, this case challenges various punitive fines, along with other ancillary costs, ordered as part of a criminal sentencing. We hold that a challenge to the amount of a criminal fine should initially be reviewed under the excessive fines provisions of the United States and California Constitutions. Conversely, as discussed below, the imposition of ancillary payments raises separate equal protection issues. Accordingly, upon request, a court must consider a defendant’s inability to pay before imposing a court operations assessment (Pen. Code, § 1465.8, subd. (a)(1)) or a court facilities assessment (Gov. Code, § 70373, subd. (a)(1)). Although our holding resolves the orders in this particular case, we urge the Legislature to revisit issues surrounding court-ordered ancillary payments in criminal cases and address them in a more comprehensive manner.

I. BACKGROUND

A. Facts and Procedure Defendant Jason Hernandez was a leader in the Varrio Fallbrook Locos gang and conceded on…