What is the proper procedure for determining whether an appellant can pay probation related costs?

California, United States of America


The following excerpt is from People v. Diaz, H038766 (Cal. App. 2014):

The statutory procedure provided in Penal Code section 1203.1b for a determination of appellant's ability to pay probation related costs was not followed in this case. Accordingly, we must remand this matter to the trial court. (See People v. Flores (2003) 30 Cal.4th 1059, 1063 [assuming for the purposes of review that remand is the proper remedy when a court orders a defendant to pay attorney fees under Penal Code section 987.8 without substantially complying with procedural safeguards enumerated in that section].)

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