Can a defendant's probation fees be imposed as conditions of probation?

California, United States of America


The following excerpt is from People v. Garza, E069534 (Cal. App. 2019):

The challenged fees cannot be imposed as conditions of probation. Because the fees are not oriented toward a defendant's rehabilitation, but toward raising revenue for court operations. (People v. Kim (2011) 193 Cal.App.4th 836, 842.)

Likewise, the cost of probation supervision and payment of attorney fees cannot be imposed as conditions of probation. (People v. Hart (1998) 65 Cal.App.4th 902, 906-907.) These costs are collectible as civil judgments and cannot be imposed as a condition

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