California, United States of America
The following excerpt is from People v. Velasco, B255534 (Cal. App. 2015):
Section 987.8, subdivision (b), "provides that, upon the conclusion of criminal proceedings in the trial court, the court may, after giving the defendant notice and a hearing, make a determination of his present ability to pay all or a portion of the cost of the legal assistance provided him." (People v. Flores (2003) 30 Cal.4th 1059, 1061 (Flores).) At such a hearing, the defendant is entitled to various rights, including the right to be heard in person, to present witnesses and documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to a written statement of the court's findings. ( 987.8, subds. (e)(1)-(e)(5).) "While the statutory language does not mandate an express finding of an ability to pay, the statute contains a presumption that those sentenced to prison do not have the ability to pay. [Citations.]" (People v. Verduzco (2012) 210 Cal.App.4th 1406, 1421.) "Thus, the court must make an express finding of unusual circumstances before ordering a state prisoner to reimburse his or her attorney. [Citations.]" (Ibid.; 987.8, subd. (g)(2)(B).)
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