Does a defendant need a special hearing or finding on his ability to pay his probation supervision costs?

California, United States of America


The following excerpt is from People v. Rios, 10 Cal.App.4th 772, 12 Cal.Rptr.2d 805 (Cal. App. 1992):

2 People v. Keele, supra, 178 Cal.App.3d 701, 224 Cal.Rptr. 32, on the other hand, involved restitution to victims, for which there is no statutory requirement of a special hearing or even finding on the defendant's ability to pay. (People v. Ryan (1988) 203 Cal.App.3d 189, 193, 249 Cal.Rptr. 750.)

3 Although there was a probation report, the opinion does not say whether the probation officer inquired into defendant's ability to pay, recommended payment of probation supervision costs, cited the applicable code section, and/or contained a written statement of findings relevant to a determination of defendant's ability to pay. (People v. Adams, supra, 224 Cal.App.3d at p. 708, fn. 1, 274 Cal.Rptr. 94.)

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