Does a probation officer have to pay a probation supervision fee?

California, United States of America


The following excerpt is from People v. George, H040455 (Cal. App. 2015):

At the time of defendant's sentencing hearing, Penal Code section 1203.1b required the probation officer to determine the defendant's ability to pay "all or a portion of the reasonable cost of any probation supervision" (id., subd. (a)), and it required the trial court to "order the defendant to pay the reasonable costs if it determines that the defendant has the ability to pay those costs" (id., subd. (b)). (Stats. 2009, ch. 606, 6.) However, the probation supervision fee did not apply to defendants who were placed on mandatory supervision under Penal Code section 1170, subdivision (h). (People v. Fandinola (2013) 221 Cal.App.4th 1415, 1422.)

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