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California Penal Code Section 1203.1m

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

(a) If a defendant is convicted of an offense and ordered
to serve a period of imprisonment in the state prison, the court may,
after a hearing, make a determination of the ability of the
defendant to pay all or a portion of the reasonable costs of the
imprisonment.  The reasonable costs of imprisonment shall not exceed
the amount determined by the Director of Corrections to be the actual
average cost of imprisonment in the state prison on a per-day basis.

   (b) The court may, in its discretion before any hearing, order the
defendant to file a statement setting forth his or her assets,
liability, and income, under penalty of perjury.  At the hearing, the
defendant shall have the opportunity to be heard in person or
through counsel, to present witnesses and other evidence, and to
confront and cross-examine adverse witnesses.  A defendant who is
represented by counsel appointed by the court in the criminal
proceedings shall be entitled to representation at any hearing held
pursuant to this section.  If the court determines that the defendant
has the ability to pay all or a part of the costs, the court shall
set the amount to be reimbursed and order the defendant to pay that
sum to the Department of Corrections for deposit in the General Fund
in the manner in which the court believes reasonable and compatible
with the defendant's financial ability.  Execution may be issued on
the order in the same manner as on a judgment in a civil action.  The
order to pay all or part of the costs shall not be enforced by
contempt.
   (c) At any time during the pendency of an order made under this
section, a person against whom the 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.
   (d) If the amount paid by the defendant for imprisonment exceeds
the actual average cost of the term of imprisonment actually served
by the defendant, the amount paid by the defendant in excess of the
actual average cost shall be returned to the defendant within 60 days
of his or her release from the state prison.
   (e) For the purposes of this section, in determining a defendant's
ability to pay, the court shall consider the overall ability of the
defendant to reimburse all or a portion of the costs of imprisonment
in light of the defendant's present and foreseeable financial
obligations, including family support obligations, restitution to the
victim, and fines, penalties, and other obligations to the court,
all of which shall take precedence over a reimbursement order made
pursuant to this section.
   (f) For the purposes of this section, in determining a defendant's
ability to pay, the court shall not consider the following:
   (1) The personal residence of the defendant, if any, up to a
maximum amount of the median home sales price in the county in which
the residence is located.
   (2) The personal motor vehicle of the defendant, if any, up to a
maximum amount of ten thousand dollars ($10,000).
   (3) Any other assets of the defendant up to a maximum amount of
the median annual income in California.

Last modified: January 12, 2009