Dueñas

*270 *1160 Velia Dueñas, an indigent and homeless mother of young children, pleaded no contest to driving with a suspended license. The trial court placed her on probation, imposed $220 in fees and fines, and ordered that if an outstanding debt remained at the end of her probation, the amount due would go to collections without further order of the court. Dueñas contends that imposing the fees and fine without considering her ability to pay violates state and federal constitutional guarantees because it simply punishes her for being poor. We agree. "Whatever hardship poverty may cause in the society generally, the judicial process must make itself available to the indigent; it must free itself of sanctions born of financial inability." ( Preston v. Municipal Court (1961) 188 Cal.App.2d 76 , 87-88, 10 Cal.Rptr. 301 , quoted in Jameson v. Desta (2018) 5 Cal.5th 594 , 623, 234 Cal.Rptr.3d 831 , 420 P.3d 746 .)

Because the only reason Dueñas cannot pay the fine and fees is her poverty, using the criminal process to collect a fine she cannot pay is unconstitutional. Accordingly, we reverse the order imposing court facilities and court operations assessments, and we remand the case to…