Is a court required to consider a defendant's ability to pay before imposing or executing fines, fees and assessments?

California, United States of America


The following excerpt is from People v. Boice, B296540 (Cal. App. 2020):

"(1) Must a court consider a defendant's ability to pay before imposing or executing fines, fees, and assessments? (2) If so, which party bears the burden of proof regarding the defendant's inability to pay?" (People v. Hicks, S258946, <https://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2302457&doc_no=S258946&request_token=NiIwLSEmXkw8W1BZSCNNTEtIUEQ0UDxTJiBeIz5SUCAgCg%3D%3D> [as of Apr. 20, 2020], archived at <https://perma.cc/M53U-K638>.)

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