Bill Text: CA AB2199 | 2013-2014 | Regular Session | Chaptered


Bill Title: Mandatory supervision: costs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 468, Statutes of 2014. [AB2199 Detail]

Download: California-2013-AB2199-Chaptered.html
BILL NUMBER: AB 2199	CHAPTERED
	BILL TEXT

	CHAPTER  468
	FILED WITH SECRETARY OF STATE  SEPTEMBER 19, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 19, 2014
	PASSED THE SENATE  AUGUST 11, 2014
	PASSED THE ASSEMBLY  APRIL 10, 2014

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, 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.



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