Can a defendant be ordered to pay a fee under section 1203.1b of the California Penal Code?

In contrast to Penal Code section 1203.1b, this statute does not establish a specific procedure for inquiry into the defendant's financial situation or require a hearing to determine ability to pay. Thus, where, as here, the probation report recommends imposition of the fee, citing the statute, and contains financial information about the defendant, and the defendant neither corrects the report nor offers additional relevant financial [15 Cal.App.4th 1517] information about her ability to pay the fee, an appellate court may properly find the necessary determination of ability to be implied in the order requiring payment of the fee. (Cf. People v. Vournazos (1988) 198 Cal.App.3d 948, 957, 244 Cal.Rptr. 82 [information in probation report supports implied finding that defendant able to pay restitution to the victim].) The real question concerning the propriety of an order to pay this fee is whether the record contains sufficient evidence to support this implied finding. ⁵

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