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California Penal Code Section 1203.1l

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

In any case in which, pursuant to Section 1203.1, the
court orders the defendant, as a condition of probation, to make
restitution to a public agency for the costs of an emergency
response, all of the following shall apply:
   (a) The probation department shall obtain the actual costs for an
emergency response from a public agency, and shall include the public
agency's documents supporting the actual costs for the emergency
response in the probation department's sentencing report to the
court.
   (b) At the sentencing hearing, the defendant has the right to
confront witnesses and present evidence in opposition to the amount
claimed to be due to the public agency for its actual costs for the
emergency response.
   (c) The collection of the emergency response costs is the
responsibility of the public agency seeking the reimbursement.  If a
defendant fails to make restitution payment when a payment is due,
the public agency shall by verified declaration notify the probation
department of the delinquency.  The probation department shall make
an investigation of the delinquency and shall make a report to the
court of the delinquency.  The report shall contain any
recommendation that the probation officer finds to be relevant
regarding the delinquency and future payments.  The court, after a
hearing on the delinquency, may make modifications to the existing
order in the furtherance of justice.
   (d) The defendant has the right to petition the court for a
modification of the emergency response reimbursement order whenever
he or she has sustained a substantial change in economic
circumstances.  The defendant has a right to a hearing on the
proposed modification, and the court may make any modification to the
existing order in the furtherance of justice.

Last modified: January 12, 2009