40500.5.
(a) (1) The court shall send the defendant a reminder notice of his or her promise to appear in court. The court shall send this reminder notice, via certified United State Postal Service mail, return receipt requested, to the address shown on the notice to appear described in subdivision (a) of Section 40500 unless the defendant otherwise notifies the court of a different address.(2) The court may satisfy the requirement described in paragraph (1) by sending the reminder notice by regular United State Postal Service mail and by sending the notice electronically, including, but not limited to, by email or text message, to the defendant if he or she provided an email address or telephone number to the court or to the law
enforcement officer at the time of signing the written promise to appear described in subdivision (a) of Section 40504.
(3) Failure to receive the reminder notice does not relieve the defendant of his or her obligation to appear in court by the date stated in the notice to appear.
(b) In addition to information obtained from the notice to appear, the reminder notice to appear shall contain at least the following information:
(1) An appearance date and location.
(2) Whether a court appearance is mandatory or optional.
(3) The total bail amount and payment options.
(4) The notice about traffic school required under subdivision
(d) of Section 42007, if applicable.
(5) Notice that a traffic violator school will charge a fee in addition to the administrative fee charged by the court.
(6) The potential consequences for failure to appear, including, but not limited to, a driver’s license hold or suspension, a civil assessment of up to three hundred dollars ($300), a new charge for failure to appear, a warrant of arrest, or some combination of these consequences, if applicable.
(7) The potential consequences for failure to pay a fine, including, but not limited to, a civil assessment of up to three hundred dollars ($300), a new charge for failure to pay a fine, a warrant of arrest, or some combination of these consequences, if applicable.
(8) The right to an indigency
determination, including clear language about how the defendant can request the determination, what that determination will entail, the availability of an installment payment plan, the availability of a reduction of the amount owed by 80 percent, and any documents needed by the court to make a determination about the defendant’s ability to pay.
(9) Notice of the option to pay bail through community service and installment plans.
(10) Contact information for the court, including the court’s Internet Web site.
(11) Information regarding trial by declaration, informal trial, if available, and telephone or Internet Web site scheduling options, if available.
(12) Requirements and procedures for correctable violations.
(c) After a case has been adjudicated, the court shall send the defendant a reminder notice regarding payment of fines no later than 30 days before the payment deadline. The court shall send this reminder notice to the address shown on the notice to appear unless the defendant otherwise notifies the court of a different address.
(d) In addition to information obtained from the notice to appear, the reminder notice to pay shall contain at least the following information:
(1) The total payment due and the fine payment deadline.
(2) Clear instructions about how the defendant can make payments.
(3) Clear instructions about how the defendant can request an extension of the fine payment
deadline.
(4) The potential consequences for failure to pay a fine, including, but not limited to, a civil assessment of up to three hundred dollars ($300), a new charge for failure to pay a fine, a warrant of arrest, or some combination of these consequences, if applicable.
(5) The right to request an indigency determination if there are changed circumstances that can affect the defendant’s ability to pay, including language about how the defendant can request the determination, what that determination will entail, the availability of an installment payment plan or any other available alternative, including, but not limited to, community service, and the submission of any documents needed by the court to make a determination about the defendant’s ability to pay.
(6) Contact information for the court, including the
court’s Internet Web site.
(e) If the defendant willfully defaults on payment after coming into compliance with an installment payment plan, the court shall send the defendant a notice that he or she has failed to make one or more payments and has 60 days to either resume making payments or to request that the court modify the payment amount. The court shall send this notice to all of the defendant’s known mailing addresses, including, but not limited to, the address on the notice to appear and the last known address recorded by the Department of Motor Vehicles. This notice shall contain the following information:
(1) The defendant’s right to request a modification of the installment payment.
(2) The availability of an installment payment plan.
(3) The
defendant’s right to request an indigency determination.
(4) Clear language about how the defendant can request an indigency determination and what that determination will entail.
(5) Documents needed by the court to make an indigency determination.
(f) (1) If the court refers a case to a comprehensive collection program, as described in Section 1463.007 of the Penal Code, as delinquent debt, the comprehensive collection program shall send a notice to the defendant containing the following information:
(A) The availability of an installment payment plan.
(B) The defendant’s right to request an indigency determination.
(C) Clear language about how the defendant can request an indigency determination and what that determination will entail.
(D) Documents needed by the court to make an indigency determination.
(2) If the case is unadjudicated, the comprehensive collection program shall send a notice to the defendant containing information about how the defendant can schedule a hearing for adjudication of the underlying charges or charges without payment of the bail amount.