What is the test for a defendant to be ordered to pay attorney fees under the California Criminal Code?

The statute sets forth a number of procedural requirements that must be satisfied before a court may require a defendant to reimburse attorney fees. Before the court initially appoints an attorney for a defendant at public expense, it must give notice to the defendant that the court may require the defendant to reimburse all or a portion of the cost of representation following notice and a hearing if it is determined that the defendant has the present ability to pay. ( 987.8, subd. (f).) The statute further specifies that a reimbursement order may only be imposed after giving the defendant notice and an opportunity to be heard on the issue of the defendant's present ability to pay. ( 987.8, subds. (b), (d).) In the case of a defendant sentenced to prison, the court must make an express finding of unusual circumstances before ordering the defendant to reimburse the cost of representing the defendant. (People v. Lopez (2005) 129 Cal.App.4th 1508, 1537.)

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