§351-62.6 Compensation fee. (a) The court shall impose a compensation fee upon every convicted defendant who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:

(1) Not less than $100 nor more than $500 for conviction of a felony;

(2) $50 for conviction of a misdemeanor; and

(3) $25 for conviction of a petty misdemeanor.

The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5.

(b) The criteria of section 706-641 may apply to this section. In setting the amount of the compensation fee to be imposed, the court shall consider all relevant factors, including but not limited to:

(1) The seriousness of the offense;

(2) The circumstances of the commission of the offense;

(3) The economic gain, if any, realized by the defendant;

(4) The number of victims; and

(5) The defendant's earning capacity, including future earning capacity.