BILL NUMBER: SB 676	CHAPTERED
	BILL TEXT

	CHAPTER  606
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 10, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2009
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009
	AMENDED IN ASSEMBLY  AUGUST 27, 2009
	AMENDED IN ASSEMBLY  JULY 14, 2009
	AMENDED IN ASSEMBLY  JUNE 25, 2009
	AMENDED IN SENATE  MAY 12, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Wolk

                        FEBRUARY 27, 2009

   An act to amend Section 2103 of the Code of Civil Procedure, to
amend Sections 27361 and 54985 of the Government Code, to amend
Sections 987.5, 1203.1, 1203.1b, 1203.4, 1203.45, 1205, and 13300 of
the Penal Code, and to amend Sections 903 and 903.3 of the Welfare
and Institutions Code, relating to local fees.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 676, Wolk. Local fees.
   (1) Existing law, the Uniform Federal Lien Registration Act,
governs the filing of notices of liens, certificates, and other
notices affecting federal tax liens or other federal liens. The act
requires a filing officer to issue, upon request, a certificate
showing whether there is on file any notice of a federal lien or
certificate or notice affecting any federal lien filed pursuant to
the act or as specified. If the filing officer is a county recorder,
the fee set by the filing officer may not exceed $15 for a
certificate for each name searched.
   This bill would delete the limitation on the fee that may be
charged by a county recorder acting as a filing officer for purposes
of the act.
   (2) Existing law authorizes the county recorder of each county to
charge a fee of $4 for the first page and $3 for each additional page
for recording and indexing every instrument, paper, or notice
required or permitted to be recorded, as specified.
   This bill would increase the maximum fee for the first page to
$10, and would make other conforming changes.
   (3) Under existing law, every defendant, when represented by
appointed counsel, is required to be assessed a registration fee not
to exceed $25, but the fee is not required of any defendant that is
financially unable to pay it. Under existing law, these provisions
are operative in a county only upon the adoption of a resolution by
the board of supervisors electing to establish the registration fee.
   This bill would increase the maximum amount for that registration
fee to $50.
   (4) Existing law limits the fees that a court, county, or city, as
applicable, may charge for various costs related to the judgment and
execution of criminal matters, including certain administrative
costs, costs related to collecting restitution or to probation
supervision, certain costs of conducting a criminal investigation,
and costs related to providing specified court services, such as a
petition for changing a plea or for an order sealing a record.
Existing law also limits the fee that a local agency may charge for
taking fingerprints for licensing, employment, or certification to an
amount not to exceed $10.
   This bill would increase the maximum fee for administrative costs
of collection from 10% to 15%, and for other fees would delete those
limits on the maximum fees that may be charged for providing those
services pursuant to those provisions, as specified. This bill would
also establish a fee to process installment payments, which would not
exceed the administrative and clerical costs, and shall not exceed
$75, as provided. Additionally, the bill would increase the maximum
fee for changing a plea or setting aside a verdict from $120 to $150.

   (5) Existing law authorizes a county to levy charges for the
reasonable costs of support of a minor against the father, mother,
spouse, or other person, while the minor is placed, or detained in,
or committed to, any institution or other place, or pursuant to an
order of the juvenile court. Existing law limits the costs of support
to actual costs incurred by the county for food and food
preparation, clothing, personal supplies, and medical expenses, not
to exceed a maximum cost of $15 per day, except that the cost may be
adjusted every 3rd year to reflect the percentage change in the
calendar year annual average of the California Consumer Price Index,
as specified.
   This bill would increase that amount to $30 per day.
   (6) Existing law authorizes the county board of supervisors or the
court, as the case may be, to require reimbursement for the actual
cost of services rendered for a petition to seal or expunge a
criminal record of a minor, not to exceed $120.
   This bill would raise that limit to $150.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2103 of the Code of Civil Procedure is amended
to read:
   2103.  (a) If a notice of federal lien, a refiling of a notice of
federal lien, or a notice of revocation of any certificate described
in subdivision (b) is presented to a filing officer who is:
   (1) The Secretary of State, he or she shall cause the notice to be
marked, held, and indexed in accordance with the provisions of
Sections 9515, 9516, and 9522 of the Commercial Code as if the notice
were a financing statement within the meaning of that code; or
   (2) A county recorder, he or she shall accept for filing, file for
record in the manner set forth in Section 27320 of the Government
Code, and index the document by the name of the person against whose
interest the lien applies in the general index.
   (b) If a certificate of release, nonattachment, discharge, or
subordination of any lien is presented to the Secretary of State for
filing he or she shall:
   (1) Cause a certificate of release or nonattachment to be marked,
held, and indexed as if the certificate were a termination statement
within the meaning of the Commercial Code, but the notice of lien to
which the certificate relates may not be removed from the files; and
   (2) Cause a certificate of discharge or subordination to be
marked, held, and indexed as if the certificate were a release of
collateral within the meaning of the Commercial Code.
   (c) If a refiled notice of federal lien referred to in subdivision
(a) or any of the certificates or notices referred to in subdivision
(b) is presented for filing to a county recorder, he or she shall
accept for filing, file for record in the manner set forth in Section
27320 of the Government Code, and index the document by the name of
the person against whose interest the lien applies in the general
index.
   (d) Upon request of any person, the filing officer shall issue his
or her certificate showing whether there is on file, on the date and
hour stated therein, any notice of lien or certificate or notice
affecting any lien filed after January 1, 1968, under this title or
former Chapter 14 (commencing with Section 7200) of Division 7 of
Title 1 of the Government Code, naming a particular person, and if a
notice or certificate is on file, giving the date and hour of filing
of each notice or certificate. Upon request, the filing officer shall
furnish a copy of any notice of federal lien, or notice or
certificate affecting a federal lien. If the filing officer is a
county recorder, the fee for a certificate for each name searched
shall be set by the filing officer in an amount that covers actual
costs, and the fee for copies shall be in accordance with Section
27366 of the Government Code. If the filing officer is the Secretary
of State, the certificate shall be issued as part of a combined
certificate pursuant to Section 9528 of the Commercial Code, and the
fee for the certificate and copies shall be in accordance with that
section.
  SEC. 2.  Section 27361 of the Government Code is amended to read:
   27361.  (a) The fee for recording and indexing every instrument,
paper, or notice required or permitted by law to be recorded shall
not exceed ten dollars ($10) for recording the first page and three
dollars ($3) for each additional page, to reimburse the county for
the costs of services rendered pursuant to this subdivision, except
the recorder may charge additional fees as follows:
   (1) If the printing on printed forms is spaced more than nine
lines per vertical inch or more than 22 characters and spaces per
inch measured horizontally for not less than three inches in one
sentence, the recorder shall charge one dollar ($1) extra for each
page or sheet on which printing appears, except, however, the extra
charge shall not apply to printed words which are directive or
explanatory in nature for completion of the form or on vital
statistics forms. Fees collected under this paragraph are not subject
to subdivision (b) or (c).
   (2) If a page or sheet does not conform with the dimensions
described in subdivision (a) of Section 27361.5, the recorder shall
charge three dollars ($3) extra per page or sheet of the document.
The funds generated by the extra charge authorized under this
paragraph shall be available solely to support, maintain, improve,
and provide for the full operation for modernized creation,
retention, and retrieval of information in each county's system of
recorded documents. Fees collected under this paragraph are not
subject to subdivision (b) or (c).
   (b) One dollar ($1) of each three dollar ($3) fee for each
additional page shall be deposited in the county general fund.
   (c) Notwithstanding Section 68085, one dollar ($1) for recording
the first page and one dollar ($1) for each additional page shall be
available solely to support, maintain, improve, and provide for the
full operation for modernized creation, retention, and retrieval of
information in each county's system of recorded documents.
   (d) (1) In addition to all other fees authorized by this section,
a county recorder may charge a fee of one dollar ($1) for recording
the first page of every instrument, paper, or notice required or
permitted by law to be recorded, as authorized by each county's board
of supervisors. The funds generated by this fee shall be used only
by the county recorder collecting the fee for the purpose of
implementing a social security number truncation program pursuant to
Article 3.5 (commencing with Section 27300).
   (2) A county recorder shall not charge the fee described in
paragraph (1) after December 31, 2017, unless the county recorder has
received reauthorization by the county's board of supervisors. A
county recorder shall not seek reauthorization of the fee by the
board before June 1, 2017, or after December 31, 2017. In determining
the additional period of authorization, the board shall consider the
review described in paragraph (4).
   (3) Notwithstanding paragraph (2), a county recorder who, pursuant
to subdivision (c) of Section 27304, secures a revenue anticipation
loan, or other outside source of funding, for the implementation of a
social security number truncation program, may be authorized to
charge the fee described in paragraph (1) for a period not to exceed
the term of repayment of the loan or other outside source of funding.

   (4) A county board of supervisors that authorizes the fee
described in this subdivision shall require the county auditor to
conduct two reviews to verify that the funds generated by this fee
are used only for the purpose of the program, as described in Article
3.5 (commencing with Section 27300) and for conducting these
reviews. The reviews shall state the progress of the county recorder
in truncating recorded documents pursuant to subdivision (a) of
Section 27301, and shall estimate any ongoing costs to the county
recorder of complying with subdivisions (a) and (b) of Section 27301.
The board shall require that the first review be completed not
before June 1, 2012, or after December 31, 2013, and that the second
review be completed not before June 1, 2017, or after December 31,
2017. The reviews shall adhere to generally accepted accounting
standards, and the review results shall be made available to the
public.
  SEC. 3.  Section 54985 of the Government Code is amended to read:
   54985.  (a) Notwithstanding any other provision of law that
prescribes an amount or otherwise limits the amount of a fee or
charge that may be levied by a county, a county service area, or a
county waterworks district governed by a county board of supervisors,
a county board of supervisors shall have the authority to increase
or decrease the fee or charge, that is otherwise authorized to be
levied by another provision of law, in the amount reasonably
necessary to recover the cost of providing any product or service or
the cost of enforcing any regulation for which the fee or charge is
levied. The fee or charge may reflect the average cost of providing
any product or service or enforcing any regulation. Indirect costs
that may be reflected in the cost of providing any product or service
or the cost of enforcing any regulation shall be limited to those
items that are included in the federal Office of Management and
Budget Circular A-87 on January 1, 1984.
   (b) If any person disputes whether a fee or charge levied pursuant
to subdivision (a) is reasonable, the board of supervisors may
request the county auditor to conduct a study and to determine
whether the fee or charge is reasonable.
   Nothing in this subdivision shall be construed to mean that the
county shall not continue to be subject to fee review procedures
required by Article XIII B of the California Constitution.
   (c) This chapter shall not apply to any of the following:
   (1) Any fee charged or collected by a court clerk pursuant to
Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1 of
the Code of Civil Procedure, Title 8 (commencing with Section 68070)
of the Government Code, or Section 103470 of the Health and Safety
Code, or any other fee or charge that may be assessed, charged,
collected, or levied pursuant to law for filing judicial documents or
for other judicial functions.
   (2) Any fees charged or collected pursuant to Chapter 2
(commencing with Section 6100) of Division 7 of Title 1.
   (3) Any standby or availability assessment or charge.
   (4) Any fee charged or collected by a county agricultural
commissioner.
   (5) Any fee charged or collected pursuant to Article 2.1
(commencing with Section 12240) of Chapter 2 of Division 5 of the
Business and Professions Code.
   (6) Any fee charged or collected by a county recorder or local
registrar for filing, recording, or indexing any document, performing
any service, issuing any certificate, or providing a copy of any
document pursuant to Section 27361, 27361.1, 27361.3, 27361.4, 27364,
27365, or 27366 of the Government Code, Section 103625 of the Health
and Safety Code, or Section 9525 of the Commercial Code.
   (7) Any fee charged or collected pursuant to Article 7 (commencing
with Section 26720) of Chapter 2 of Part 3 of Division 2 of Title 3
of the Government Code.
  SEC. 4.  Section 987.5 of the Penal Code is amended to read:
   987.5.  (a) Every defendant shall be assessed a registration fee
not to exceed fifty dollars ($50) when represented by appointed
counsel. Notwithstanding this subdivision, no fee shall be required
of any defendant that is financially unable to pay the fee.
   (b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the defendant shall be asked if he or she is
financially able to pay the registration fee or any portion thereof.
If the defendant indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any defendant who asserts that he or she is unable
to pay the fee or any portion thereof. No other inquiry concerning
the defendant's ability to pay shall be made until proceedings are
held pursuant to Section 987.8.
   (c) No defendant shall be denied the assistance of appointed
counsel due solely to a failure to pay the registration fee. An order
to pay the registration fee may be enforced in the manner provided
for enforcement of civil judgments generally, but may not be enforced
by contempt.
   (d) The fact that a defendant has or has not been assessed a fee
pursuant to this section shall have no effect in any later
proceedings held pursuant to Section 987.8, except that the defendant
shall be given credit for any amounts paid as a registration fee
toward any lien or assessment imposed pursuant to Section 987.8.
   (e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.
  SEC. 5.  Section 1203.1 of the Penal Code is amended to read:
   1203.1.  (a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the sentence
and may direct that the suspension may continue for a period of time
not exceeding the maximum possible term of the sentence, except as
hereinafter set forth, and upon those terms and conditions as it
shall determine. The court, or judge thereof, in the order granting
probation and as a condition thereof, may imprison the defendant in a
county jail for a period not exceeding the maximum time fixed by law
in the case.
   However, where the maximum possible term of the sentence is five
years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
   (1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
   (2) The court may, in connection with granting probation, impose
either imprisonment in a county jail or a fine, both, or neither.
   (3) The court shall provide for restitution in proper cases. The
restitution order shall be fully enforceable as a civil judgment
forthwith and in accordance with Section 1202.4 of the Penal Code.
   (4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
   (b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a court or probation
department in the form of cash or money order shall be forwarded to
the victim within 30 days from the date the payment is received by
the department. Any restitution payment received by a court or
probation department in the form of a check or draft shall be
forwarded to the victim within 45 days from the date the payment is
received, provided, that payment need not be forwarded to a victim
until 180 days from the date the first payment is received, if the
restitution payments for that victim received by the court or
probation department total less than fifty dollars ($50). In cases
where the court has ordered the defendant to pay restitution to
multiple victims and where the administrative cost of disbursing
restitution payments to multiple victims involves a significant cost,
any restitution payment received by a probation department shall be
forwarded to multiple victims when it is cost effective to do so, but
in no event shall restitution disbursements be delayed beyond 180
days from the date the payment is received by the probation
department.
   (c) In counties or cities and counties where road camps, farms, or
other public work is available the court may place the probationer
in the road camp, farm, or other public work instead of in jail. In
this case, Section 25359 of the Government Code shall apply to
probation and the court shall have the same power to require adult
probationers to work, as prisoners confined in the county jail are
required to work, at public work. Each county board of supervisors
may fix the scale of compensation of the adult probationers in that
county.
   (d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for the
support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
   (e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency for
the costs of an emergency response pursuant to Article 8 (commencing
with Section 53150) of Chapter 1 of Part 1 of Division 2 of the
Government Code.
   (f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall
be a county charge.
   (g) (1) The court and prosecuting attorney shall consider whether
any defendant who has been convicted of a nonviolent or nonserious
offense and ordered to participate in community service as a
condition of probation shall be required to engage in the removal of
graffiti in the performance of the community service. For the purpose
of this subdivision, a nonserious offense shall not include the
following:
   (A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).
   (B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
   (C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
   (D) Offenses involving annoying or molesting children.
   (2) Notwithstanding subparagraph (A) of paragraph (1), any person
who violates Section 12101 shall be ordered to perform not less than
100 hours and not more than 500 hours of community service as a
condition of probation.
   (3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
   (A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
   (B) The judge believes that the public safety may be endangered if
the person is ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty.
   (h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of a
nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required to
engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
   (i) (1) Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
   (2) Upon conviction of any sex offense subjecting the defendant to
the registration requirements of Section 290, the court may order as
a condition of probation, at the request of the victim or in the
court's discretion, that the defendant stay away from the victim and
the victim's residence or place of employment, and that the defendant
have no contact with the victim in person, by telephone or
electronic means, or by mail.
   (j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be made
to society for the breach of the law, for any injury done to any
person resulting from that breach, and generally and specifically for
the reformation and rehabilitation of the probationer, and that
should the probationer violate any of the terms or conditions imposed
by the court in the matter, it shall have authority to modify and
change any and all the terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty
of the public offense involved. Upon the defendant being released
from the county jail under the terms of probation as originally
granted or any modification subsequently made, and in all cases where
confinement in a county jail has not been a condition of the grant
of probation, the court shall place the defendant or probationer in
and under the charge of the probation officer of the court, for the
period or term fixed for probation. However, upon the payment of any
fine imposed and the fulfillment of all conditions of probation,
probation shall cease at the end of the term of probation, or sooner,
in the event of modification. In counties and cities and counties in
which there are facilities for taking fingerprints, those of each
probationer shall be taken and a record of them kept and preserved.
   (k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5 of the
Government Code and Sections 1202.4, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, and Section
1203.04, as operative on or before August 2, 1995, all fines
collected by a county probation officer in any of the courts of this
state, as a condition of the granting of probation or as a part of
the terms of probation, shall be paid into the county treasury and
placed in the general fund for the use and benefit of the county.
   (l) If the court orders restitution to be made to the victim, the
entity collecting the restitution may add a fee to cover the actual
administrative cost of collection, but not to exceed 15 percent of
the total amount ordered to be paid. The amount of the fee shall be
set by the board of supervisors if it is collected by the county and
the fee collected shall be paid into the general fund of the county
treasury for the use and benefit of the county. The amount of the fee
shall be set by the court if it is collected by the court and the
fee collected shall be paid into the Trial Court Operations Fund or
account established by Section 77009 of the Government Code for the
use and benefit of the court.
  SEC. 6.  Section 1203.1b of the Penal Code is amended to read:
   1203.1b.  (a) In any case in which a defendant is convicted of an
offense and is the subject of any preplea or presentence
investigation and report, whether or not probation supervision is
ordered by the court, and in any case in which a defendant is granted
probation or given a conditional sentence, the probation officer, or
his or her authorized representative, taking into account any amount
that the defendant is ordered to pay in fines, assessments, and
restitution, shall make a determination of the ability of the
defendant to pay all or a portion of the reasonable cost of any
probation supervision or a conditional sentence, of conducting any
preplea investigation and preparing any preplea report pursuant to
Section 1203.7, of conducting any presentence investigation and
preparing any presentence report made pursuant to Section 1203, and
of processing a jurisdictional transfer pursuant to Section 1203.9 or
of processing a request for interstate compact supervision pursuant
to Sections 11175 to 11179, inclusive, whichever applies. The
reasonable cost of these services and of probation supervision or a
conditional sentence shall not exceed the amount determined to be the
actual average cost thereof. A payment schedule for the
reimbursement of the costs of preplea or presentence investigations
based on income shall be developed by the probation department of
each county and approved by the presiding judge of the superior
court. The court shall order the defendant to appear before the
probation officer, or his or her authorized representative, to make
an inquiry into the ability of the defendant to pay all or a portion
of these costs. The probation officer, or his or her authorized
representative, shall determine the amount of payment and the manner
in which the payments shall be made to the county, based upon the
defendant's ability to pay. The probation officer shall inform the
defendant that the defendant is entitled to a hearing, that includes
the right to counsel, in which the court shall make a determination
of the defendant's ability to pay and the payment amount. The
defendant must waive the right to a determination by the court of his
or her ability to pay and the payment amount by a knowing and
intelligent waiver.
   (b) When the defendant fails to waive the right provided in
subdivision (a) to a determination by the court of his or her ability
to pay and the payment amount, the probation officer shall refer the
matter to the court for the scheduling of a hearing to determine the
amount of payment and the manner in which the payments shall be
made. The court shall order the defendant to pay the reasonable costs
if it determines that the defendant has the ability to pay those
costs based on the report of the probation officer, or his or her
authorized representative. The following shall apply to a hearing
conducted pursuant to this subdivision:
   (1) At the hearing, the defendant shall be entitled to have, but
shall not be limited to, the opportunity to be heard in person, to
present witnesses and other documentary evidence, and to confront and
cross-examine adverse witnesses, and to disclosure of the evidence
against the defendant, and a written statement of the findings of the
court or the probation officer, or his or her authorized
representative.
   (2) At the hearing, if the court determines that the defendant has
the ability to pay all or part of the costs, the court shall set the
amount to be reimbursed and order the defendant to pay that sum to
the county in the manner in which the court believes reasonable and
compatible with the defendant's financial ability.
   (3) At the hearing, in making a determination of whether a
defendant has the ability to pay, the court shall take into account
the amount of any fine imposed upon the defendant and any amount the
defendant has been ordered to pay in restitution.
   (4) When the court determines that the defendant's ability to pay
is different from the determination of the probation officer, the
court shall state on the record the reason for its order.
   (c) The court may hold additional hearings during the probationary
or conditional sentence period to review the defendant's financial
ability to pay the amount, and in the manner, as set by the probation
officer, or his or her authorized representative, or as set by the
court                                          pursuant to this
section.
   (d) If practicable, the court shall order or the probation officer
shall set payments pursuant to subdivisions (a) and (b) to be made
on a monthly basis. Execution may be issued on the order issued
pursuant to this section in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be
enforced by contempt.
   (e) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the preplea or
presentence report, processing a jurisdictional transfer pursuant to
Section 1203.9, processing requests for interstate compact
supervision pursuant to Sections 11175 to 11179, inclusive, and
probation supervision or conditional sentence, and shall include, but
shall not be limited to, the defendant's:
   (1) Present financial position.
   (2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the date
of the hearing for purposes of determining reasonably discernible
future financial position.
   (3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
   (4) Any other factor or factors that may bear upon the defendant's
financial capability to reimburse the county for the costs.
   (f) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the probation officer for a
review of the defendant's financial ability to pay or the rendering
court to modify or vacate its previous judgment on the grounds of a
change of circumstances with regard to the defendant's ability to pay
the judgment. The probation officer and the court shall advise the
defendant of this right at the time of rendering of the terms of
probation or the judgment.
   (g) All sums paid by a defendant pursuant to this section shall be
allocated for the operating expenses of the county probation
department.
   (h) The board of supervisors in any county, by resolution, may
establish a fee for the processing of payments made in installments
to the probation department pursuant to this section, not to exceed
the administrative and clerical costs of the collection of those
installment payments as determined by the board of supervisors,
except that the fee shall not exceed seventy-five dollars ($75).
   (i) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors.
  SEC. 7.  Section 1203.4 of the Penal Code is amended to read:
   1203.4.  (a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted
by the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code. The probationer shall be informed, in his or her
probation papers, of this right and privilege and his or her right,
if any, to petition for a certificate of rehabilitation and pardon.
The probationer may make the application and change of plea in person
or by attorney, or by the probation officer authorized in writing.
However, in any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if probation had not been granted or the
accusation or information dismissed. The order shall state, and the
probationer shall be informed, that the order does not relieve him or
her of the obligation to disclose the conviction in response to any
direct question contained in any questionnaire or application for
public office, for licensure by any state or local agency, or for
contracting with the California State Lottery.
   Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Section 12021.
   Dismissal of an accusation or information underlying a conviction
pursuant to this section does not permit a person prohibited from
holding public office as a result of that conviction to hold public
office.
   This subdivision shall apply to all applications for relief under
this section which are filed on or after November 23, 1970.
   (b) Subdivision (a) of this section does not apply to any
misdemeanor that is within the provisions of subdivision (b) of
Section 42001 of the Vehicle Code, to any violation of subdivision
(c) of Section 286, Section 288, subdivision (c) of Section 288a,
Section 288.5, or subdivision (j) of Section 289, any felony
conviction pursuant to subdivision (d) of Section 261.5, or to any
infraction.
   (c) (1) Except as provided in paragraph (2), subdivision (a) does
not apply to a person who receives a notice to appear or is otherwise
charged with a violation of an offense described in subdivisions (a)
to (e), inclusive, of Section 12810 of the Vehicle Code.
   (2) If a defendant who was convicted of a violation listed in
paragraph (1) petitions the court, the court in its discretion and in
the interests of justice, may order the relief provided pursuant to
subdivision (a) to that defendant.
   (d) A person who petitions for a change of plea or setting aside
of a verdict under this section may be required to reimburse the
court for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the court not to exceed one hundred fifty
dollars ($150), and to reimburse the county for the actual costs of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
county board of supervisors not to exceed one hundred fifty dollars
($150), and to reimburse any city for the actual costs of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the city council
not to exceed one hundred fifty dollars ($150). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the costs for services established
pursuant to this subdivision.
   (e) Relief shall not be granted under this section unless the
prosecuting attorney has been given 15 days' notice of the petition
for relief. The probation officer shall notify the prosecuting
attorney when a petition is filed, pursuant to this section.
   It shall be presumed that the prosecuting attorney has received
notice if proof of service is filed with the court.
   (f) If, after receiving notice pursuant to subdivision (e), the
prosecuting attorney fails to appear and object to a petition for
dismissal, the prosecuting attorney may not move to set aside or
otherwise appeal the grant of that petition.
   (g) Notwithstanding the above provisions or any other provision of
law, the Governor shall have the right to pardon a person convicted
of a violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289, if there are extraordinary circumstances.
  SEC. 8.  Section 1203.45 of the Penal Code is amended to read:
   1203.45.  (a) In a case in which a person was under the age of 18
years at the time of commission of a misdemeanor and is eligible for,
or has previously received, the relief provided by Section 1203.4 or
1203.4a, that person, in a proceeding under Section 1203.4 or
1203.4a, or a separate proceeding, may petition the court for an
order sealing the record of conviction and other official records in
the case, including records of arrests resulting in the criminal
proceeding and records relating to other offenses charged in the
accusatory pleading, whether defendant was acquitted or charges were
dismissed. If the court finds that the person was under the age of 18
at the time of the commission of the misdemeanor, and is eligible
for relief under Section 1203.4 or 1203.4a or has previously received
that relief, it may issue its order granting the relief prayed for.
Thereafter the conviction, arrest, or other proceeding shall be
deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
   (b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
   (c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of a local ordinance relating to operation, standing,
stopping, or parking of a motor vehicle.
   (d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:
   (1) One of the offenses includes the other or others.
   (2) The other conviction or convictions were for the following:
   (A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23105, 23152, 23153, or 23220.
   (B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
   (3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
   (e) This section shall apply in a case in which a person was under
the age of 21 at the time of the commission of an offense as to
which this section is made applicable if that offense was committed
prior to March 7, 1973.
   (f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
   (g) A person who petitions for an order sealing a record under
this section may be required to reimburse the court for the actual
cost of services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined by
the court, not to exceed one hundred fifty dollars ($150), and to
reimburse the county for the actual cost of services rendered,
whether or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the county board of
supervisors, not to exceed one hundred fifty dollars ($150), and to
reimburse any city for the actual cost of services rendered, whether
or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the city council, not to
exceed one hundred fifty dollars ($150). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in a case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
  SEC. 9.  Section 1205 of the Penal Code is amended to read:
   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 he or she may theretofore have been sentenced.
Each of these judgments shall specify the extent of the imprisonment
for nonpayment of the fine, which shall not be more than one day for
each thirty dollars ($30) of the fine, nor exceed in any case the
term for which the defendant might 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 so 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
therein 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 forthwith.
   (b) Except as otherwise provided in case of fines imposed,
including restitution fines or restitution orders, as conditions of
probation, the defendant shall pay the fine to the clerk of the
court, or to the judge thereof 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 him or her in custody and all amounts so paid
shall be forthwith paid over by the officer to the court which
rendered the judgment. The clerk shall report to the court every
default in payment of a fine or any part thereof, 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 thereof, as the case may be, is satisfied in full. If the
fine, restitution fine, restitution order, or installment, is
payable forthwith and it is not so 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 thereof, as the case may be, 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.
   Nothing in this section shall be construed to prohibit the clerk
of the court, or the judge thereof if there is no clerk, from turning
these accounts over to another county department or a collecting
agency for processing and collection.
   (d) 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).
   (e) This section shall only apply to restitution fines and
restitution orders if the defendant has defaulted on the payment of
other fines.
  SEC. 10.  Section 13300 of the Penal Code is amended to read:
   13300.  (a) As used in this section:
   (1) "Local summary criminal history information" means the master
record of information compiled by any local criminal justice agency
pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of
Part 4 pertaining to the identification and criminal history of any
person, such as name, date of birth, physical description, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
   (2) "Local summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
that local agency, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information
or security procedures of, the local agency.
   (3) "Local agency" means a local criminal justice agency.
   (b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a
public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
   (1) The courts of the state.
   (2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and
(j) of Section 830.3, and subdivisions (a), (b), and (c) of Section
830.5.
   (3) District attorneys of the state.
   (4) Prosecuting city attorneys of any city within the state.
   (5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
   (6) Probation officers of the state.
   (7) Parole officers of the state.
   (8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
   (9) A public defender or attorney of record when representing a
person in a criminal case and when authorized access by statutory or
decisional law.
   (10) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
   (11) Any city, county, city and county, or district, or any
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is
specifically authorized by the city council, board of supervisors, or
governing board of the city, county, or district when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
   (12) The subject of the local summary criminal history
information.
   (13) Any person or entity when access is expressly authorized by
statute when the local summary criminal history information is
required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
the specified criminal conduct.
   (14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
   (15) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parents having failed to provide support for
the minor children, consistent with Section 17531 of the Family Code.

   (16) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal information pursuant to Section 272 of the Welfare and
Institutions Code for the purposes specified in Section 16504.5 of
the Welfare and Institutions Code.
   (c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
   (1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.
   (2) To a peace officer of the state other than those included in
subdivision (b).
   (3) To a peace officer of another country.
   (4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States when this information is needed for the performance of
their official duties.
   (5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
   (6) The courts of the United States, other states, or territories
or possessions of the United States.
   (7) Peace officers of the United States, other states, or
territories or possessions of the United States.
   (8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.
   (9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing persons
who will be seeking entrance to private residences in the course of
their employment. The information provided shall be limited to the
record of convictions and any arrest for which the person is released
on bail or on his or her own recognizance pending trial.
   If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
   Any information obtained from the local summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed 30
days after employment is denied or granted, including any appeal
periods, except for those cases where an employee or applicant is out
on bail or on his or her own recognizance pending trial, in which
case the state summary criminal history information and all copies
shall be destroyed 30 days after the case is resolved, including any
appeal periods.
   A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is injured
by the violation a cause of action against the public utility to
recover damages proximately caused by the violation.
   Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
   Seeking entrance to private residences in the course of employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
   (10) Any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting to,
or approving of, the prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest.
   Any local government's request for local summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this subdivision. However, only local summary
criminal history information pertaining to criminal convictions may
be obtained pursuant to this paragraph.
                                            Any information obtained
from the local summary criminal history is confidential and the
receiving local government shall not disclose its contents, other
than for the purpose for which it was acquired. The local summary
criminal history information in the possession of the local
government and all copies made from it shall be destroyed not more
than 30 days after the local government's final decision to grant or
deny consent to, or approval of, the prospective concessionaire's
application for, or acquisition of, a beneficial interest in a
concession, lease, or other property interest. Nothing in this
section shall be construed as imposing any duty upon a local
government, or any officer or official thereof, to request local
summary criminal history information on any current or prospective
concessionaire or their affiliates or associates.
   (d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be stamped
"no criminal record" and returned to the person or entity making the
request.
   (e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge a
fee to cover the cost of taking the fingerprints and processing the
required documents.
   (f) Whenever local summary criminal history information furnished
pursuant to this section is to be used for employment, licensing, or
certification purposes, the local agency shall charge the person or
entity making the request a fee which it determines to be sufficient
to reimburse the local agency for the cost of furnishing the
information, provided that no fee shall be charged to any public law
enforcement agency for local summary criminal history information
furnished to assist it in employing, licensing, or certifying a
person who is applying for employment with the agency as a peace
officer or criminal investigator. Any state agency required to pay a
fee to the local agency for information received under this section
may charge the applicant a fee sufficient to reimburse the agency for
the expense.
   (g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
   (h) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
   (i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
   (j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of the
Government Code, provide information from a local summary criminal
history, if release of the information would enhance public safety,
the interest of justice, or the public's understanding of the justice
system and the person making the request declares that the request
is made for a scholarly or journalistic purpose. If a person in a
declaration required by this subdivision willfully states as true any
material fact that he or she knows to be false, he or she shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as a
civil judgment.
   (k) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information record checks which are authorized by law.
   (l) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program or a
deferred entry of judgment program, to a government agency employer
of that peace officer or applicant.
   (m) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment program
to a government agency employer of that peace officer or applicant.
   (n) Notwithstanding subdivision (  l  ) or (m), a local
criminal justice agency shall not release information under the
following circumstances:
   (1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
   (2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
   (3) Information concerning an arrest without a disposition without
attempting to determine whether diversion has been successfully
completed or the individual was exonerated.
  SEC. 11.  Section 903 of the Welfare and Institutions Code is
amended to read:
   903.  (a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the reasonable costs of support of the
minor while the minor is placed, or detained in, or committed to,
any institution or other place pursuant to Section 625 or pursuant to
an order of the juvenile court. However, a county shall not levy
charges for the costs of support of a minor detained pursuant to
Section 625 unless, at the detention hearing, the juvenile court
determines that detention of the minor should be continued, the
petition for the offense for which the minor is detained is
subsequently sustained, or the minor agrees to a program of
supervision pursuant to Section 654. The liability of these persons
and estates shall be a joint and several liability.
   (b) The county shall limit the charges it seeks to impose to the
reasonable costs of support of the minor and shall exclude any costs
of incarceration, treatment, or supervision for the protection of
society and the minor and the rehabilitation of the minor. In the
event that court-ordered child support paid to the county pursuant to
subdivision (a) exceeds the amount of the costs authorized by this
subdivision and subdivision (a), the county shall either hold the
excess in trust for the minor's future needs pursuant to Section
302.52 of Title 45 of the Code of Federal Regulations or, with the
approval of the minor's caseworker or probation officer, pay the
excess directly to the minor.
   (c) It is the intent of the Legislature in enacting this
subdivision to protect the fiscal integrity of the county, to protect
persons against whom the county seeks to impose liability from
excessive charges, to ensure reasonable uniformity throughout the
state in the level of liability being imposed, and to ensure that
liability is imposed only on persons with the ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family's income, the
necessary obligations of the family, and the number of persons
dependent upon this income. Except as provided in paragraphs (1),
(2), (3), and (4), "costs of support" as used in this section means
only actual costs incurred by the county for food and food
preparation, clothing, personal supplies, and medical expenses, not
to exceed a combined maximum cost of thirty dollars ($30) per day,
except that:
   (1) The maximum cost of thirty dollars ($30) per day shall be
adjusted every third year beginning January 1, 2012, to reflect the
percentage change in the calendar year annual average of the
California Consumer Price Index, All Urban Consumers, published by
the Department of Industrial Relations, for the three-year period.
   (2) No cost for medical expenses shall be imposed by the county
until the county has first exhausted any eligibility the minor may
have under private insurance coverage, standard or medically indigent
Medi-Cal coverage, and the Robert W. Crown California Children's
Services Act (Article 2 (commencing with Section 248) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code).
   (3) In calculating the cost of medical expenses, the county shall
not charge in excess of 100 percent of the AFDC fee-for-service
average Medi-Cal payment for that county for that fiscal year as
calculated by the State Department of Health Services; however, if a
minor has extraordinary medical or dental costs that are not met
under any of the coverages listed in paragraph (2), the county may
impose these additional costs.
   (4) For those placements of a minor subject to this section in
which an AFDC-FC grant is made, the local child support agency shall,
subject to Sections 17550 and 17552 of the Family Code, seek an
order pursuant to Section 17400 of the Family Code and the statewide
child support guideline in effect in Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9 of the Family
Code. For purposes of determining the correct amount of support of a
minor subject to this section, the rebuttable presumption set forth
in Section 4057 of the Family Code is applicable. This paragraph
shall be implemented consistent with subdivision (a) of Section 17415
of the Family Code.
   (d) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
   (e) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of a minor shall not be liable
for the costs of support of that minor while the minor is
temporarily placed or detained in any institution or other place
pursuant to Section 625 or is committed to any institution or other
place pursuant to an order of the juvenile court, if the minor is
placed or detained because he or she is found by a court to have
committed a crime against that person. Nothing in this subdivision
shall be construed to extinguish a child support obligation between
private parties.
  SEC. 12.  Section 903.3 of the Welfare and Institutions Code is
amended to read:
   903.3.  (a) The father, mother, spouse, or other person liable for
the support of a minor person, the person himself or herself if he
or she is an adult, or the estates of those persons shall, unless
indigent, be liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to Section 781 pertaining
to that person. The liability of those persons and estates shall be a
joint and several liability.
   (b) In the event a petition is filed for an order sealing a
record, the father, mother, spouse, or other person liable for the
support of a minor, that person if he or she is an adult, or the
estate of that person, may be required to reimburse the county and
court for the actual cost of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the county board of supervisors for the county
and by the court for the court, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in any case in which the petitioner appears
to have the ability to pay, without undue hardship, all or any
portion of the cost for services.
   (c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that
person, or the estate of the minor, shall not be liable for the costs
described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
   (d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.