Does a judge have authority to charge a fee to cover the administrative cost of collecting a restitution fine?

California, United States of America


The following excerpt is from People v. Tapia, E062495 (Cal. App. 2016):

Penal Code section 1202.4, subdivision (l), authorizes a sentencing court to order the payment of a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine. The fee is imposed on any "restitution fine" ordered pursuant to Penal Code section 1202.4, subdivision (b). (People v. Robertson (2009) 174 Cal.App.4th 206, 210.)

It has traditionally been held that the trial court's oral pronouncement is presumed correct (People v. Mesa (1975) 14 Cal.3d 466, 471). "[T]he modern rule is not automatic deference to the reporter's transcript, but rather adoption of the transcript due more credence under all the surrounding circumstances." (People v. Rodriguez (2013) 222 Cal.App.4th 578, 586.) When the record is in conflict, it will be harmonized if possible. (People v. Smith (1983) 33 Cal.3d 596, 599 (Smith).)

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