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California Penal Code Section 1203.1d

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 1203.1d

(a) In determining the amount and manner of disbursement
under an order made pursuant to this code requiring a defendant to
make reparation or restitution to a victim of a crime, to pay any
money as reimbursement for legal assistance provided by the court, to
pay any cost of probation or probation investigation, to pay any
cost of jail or other confinement, or to pay any other reimbursable
costs, the court, after determining the amount of any fine and
penalty assessments, and a county financial evaluation officer when
making a financial evaluation, shall first determine the amount of
restitution to be ordered paid to any victim, and shall then
determine the amount of the other reimbursable costs.
   If payment is made in full, the payment shall be apportioned and
disbursed in the amounts ordered by the court.
   If reasonable and compatible with the defendant's financial
ability, the court may order payments to be made in installments.
   (b) With respect to installment payments and amounts collected by
the Franchise Tax Board pursuant to Section 19280 of the Revenue and
Taxation Code and subsequently transferred by the Controller pursuant
to Section 19282 of the Revenue and Taxation Code, the board of
supervisors shall provide that disbursements be made in the following
order of priority:
   (1) Restitution ordered to, or on behalf of, the victim pursuant
to subdivision (f) of Section 1202.4.
   (2) The state surcharge ordered pursuant to Section 1465.7.
   (3) Any fines, penalty assessments, and restitution fines ordered
pursuant to subdivision (b) of Section 1202.4. Payment of each of
these items shall be made on a proportional basis to the total amount
levied for all of these items.
   (4) Any other reimbursable costs.
   (c) The board of supervisors shall apply these priorities of
disbursement to orders or parts of orders in cases where defendants
have been ordered to pay more than one court order.
   (d) Documentary evidence, such as bills, receipts, repair
estimates, insurance payment statements, payroll stubs, business
records, and similar documents relevant to the value of the stolen or
damaged property, medical expenses, and wages and profits lost shall
not be excluded as hearsay evidence.
   (e) This section shall become operative on January 1, 2012.

Last modified: January 12, 2009