Does the Attorney General have any authority to determine the appropriate payment schedule for a booking fee and probation-related costs?

California, United States of America


The following excerpt is from People v. Aguilar, 182 Cal.Rptr.3d 137, 340 P.3d 366, 60 Cal.4th 862 (Cal. 2015):

Defendant's contention lacks merit. As the Attorney General reasons, with respect to the booking fee, the trial court correctly relied on the fee schedule set by the county board of supervisors based on actual cost data submitted by the county sheriff. With respect to the probation-related costs, subdivision (a) of section 1203.1b requires the probation department of each county to develop a payment schedule for the reimbursement of the costs of presentence investigations, which is to be approved by the presiding judge of the superior court, and subdivision (h) authorizes the board of supervisors of a county to establish by resolution a monthly fee for payment of probation supervision fees. Reading the statutory subdivisions together, we find it apparent that the payment schedule must be based on the actual average costs of such investigations and supervision. (See People v. Wilson (1982) 130 Cal.App.3d 264, 268, 181 Cal.Rptr. 658.) Nothing before us suggests the trial court did not properly rely on the county's fee schedule. Finally, with respect to the attorney fee order, the court, having presided over the four-day jury trial in this case, was in a position to make, and did make, an implied finding that counsel rendered legal services costing at least equal the amount of fees imposed.

[60 Cal.4th 870]

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