California Legislature—2013–14 Regular Session

Assembly Bill No. 2199

Introduced by Assembly Member Muratsuchi

February 20, 2014

An act to amend Section 1203.1b of the Penal Code, relating to mandatory supervision.

LEGISLATIVE COUNSEL’S DIGEST

AB 2199, as introduced, Muratsuchi. Mandatory supervision: costs.

Existing law requires the probation officer, or his or her authorized representative, 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, to 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 and of other specified criminal procedures and other matters relevant to sentencing. These requirements become operative in a county upon the adoption of an ordinance to that effect by the board of supervisors.

This bill would additionally require the probation officer, or his or her authorized representative, to make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of a term of mandatory supervision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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 begin delete or end delete begin insert , end insert given a conditional sentence, begin insert or receives a
term of mandatory supervision pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, end insert 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 begin delete or a end delete begin insert , end insert conditional sentence, begin insert or
term of mandatory supervision, end insert 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 begin delete or end delete begin insert , end insert
a conditional sentence begin insert , or mandatory supervision end insert 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 begin delete or end delete begin insert , end insert conditional sentence begin insert , or mandatory superivsion end insert
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 begin delete or end delete begin insert , end insert conditional sentence begin insert , or mandatory
supervision end insert , 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.