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California Penal Code Section 1203.1e

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

(a) In any case in which a defendant is ordered to serve a
period of confinement in a county jail or other local detention
facility, and the defendant is eligible to be released on parole by
the county board of parole commissioners, the court shall, after a
hearing, make a determination of the ability of the person to pay all
or a portion of the reasonable cost of providing parole supervision.
  The reasonable cost of those services shall not exceed the amount
determined to be the actual average cost of providing parole
supervision.
   (b) If the court determines that the person has the ability to pay
all or part of the costs, the court may set the amount to be
reimbursed and order the person to pay that sum to the county in the
manner in which the court believes reasonable and compatible with the
person's financial ability.  In making a determination of whether a
person has the ability to pay, the court shall take into account the
amount of any fine imposed upon the person and any amount the person
has been ordered to pay in restitution.
   If practicable, the court shall order payments to be made on a
monthly basis as directed by the court.  Execution may be issued on
the order 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.
   (c) For the purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing parole supervision and shall include, but
shall not be limited to, consideration of all of the following
factors:
   (1) Present financial position.
   (2) Reasonably discernible future financial position.  In no event
shall the board consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
   (3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of the hearing.
   (4) Any other factor or factors which may bear upon the person's
financial capability to reimburse the county for the costs.
   (d) At any time during the pendency of the order made under this
section, a person against whom an order has been made may petition
the court to modify or vacate its previous order on the grounds of a
change of circumstances with regard to the person's ability to pay.
The court shall advise the person of this right at the time of making
the order.
   (e) All sums paid by any person pursuant to this section shall be
deposited in the general fund of the county.
   (f) The parole of any person shall not be denied or revoked in
whole or in part based upon the inability or failure to pay under
this section.
   (g) The county board of parole commissioners shall not have access
to offender financial data prior to the rendering of any parole
decision.
   (h) This section shall become operative on January 1, 1995.

Last modified: January 12, 2009