§ 68645.2. — 68645.2. (Amended by Stats. 2023, Ch. 131, Sec. 100.)

California § 68645.2.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Title 8.: TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS
• Ch. 2.: CHAPTER 2. The Judicial Council
• Art. 7.: ARTICLE 7. Ability to Pay Program

Text

(a)
By June 30, 2024, every court shall offer online ability-to-pay determinations using the tool developed by the Judicial Council. The following shall apply to ability-to-pay determinations made pursuant to this article:
(1)
The defendant has the burden of establishing the inability to pay. Courts shall establish criteria for the determination of an inability to pay, and, in doing so, shall consider certain factors including, at a minimum, all of the following:
(A)
Receipt of any of the public benefits listed in subdivision (a) of Section 68632.
(B)
A monthly income of 125 percent or less of the current poverty guidelines, as updated
periodically in the Federal Register by the United States Department of Health and Human Services pursuant to Section 9902 of Title 42 of the United States Code.
(2)
The court has discretion to make an order consistent with the defendant’s present and reasonably discernible future financial circumstances. Except as provided for in paragraph (4), the court is not required to make express findings as to the factors bearing on the determination or the amount it orders payable by the defendant.
(3)
Based on any ability-to-pay determination, a court may do any of the following:
(A)
Waive or reduce the sum of the total amount due for an infraction violation. Notwithstanding any other law, if the total amount due is reduced, the revenues collected shall be distributed on a pro rata basis.
(B)
Extend the time for payment or provide for payment on an installment plan, including those amounts due after any reduction under subparagraph (A).
(C)
Allow the defendant to complete community service in lieu of the total amount due. If a defendant qualifies for a reduction in the total amount due, the court may allow the defendant to complete the community service in lieu of the payment on the reduced amount.
(D)
Suspend the total amount due in whole or in part.
(E)
Offer an alternative disposition.
(4)
The online tool shall recommend a reduction of 50 percent or more of the total amount due for all defendants who are in receipt of benefits described in subparagraph (A) of paragraph (1).
The court shall make express findings if it deviates from the online tool recommendation by ordering a defendant to pay an amount greater than the recommendation pursuant to this paragraph.
(5)
The online tool shall recommend a payment of no more than twenty-five dollars ($25) per month for a defendant who is eligible for a reduction pursuant to paragraph (3) and requests an installment plan.
(6)
For purposes of this section, the “total amount due” is the sum of the base fine, penalty assessments, civil assessments, and fees, including mandatory fees, owed and unpaid by the defendant.
(7)
As feasible, courts shall notify defendants of the result of the ability-to-pay determination within 30 days.
(8)
A defendant is not required to submit bail or pay any
fines or fees prior to an ability-to-pay determination.
(9)
A court or county shall not charge an administrative fee to an individual for requesting an ability-to-pay determination or participating in an installment payment plan, on a nondelinquent or delinquent account, ordered pursuant to this chapter.
(10)
A court or county may recover costs associated with the administration of all installment payment plans ordered under this chapter through a comprehensive collection program pursuant to subdivision (d) of Section 1463.007 of the Penal Code. Recovered costs shall not exceed thirty-five dollars ($35) per nondelinquent installment plan approved.
(b)
If a court is using the online tool, paragraphs (1) to (3), inclusive, and paragraphs (6) to (10), inclusive, of subdivision (a) apply to all ability-to-pay
determinations conducted through means other than the online tool, which includes paper submissions or in-person applications. When an ability-to-pay determination is made through means other than the online tool, the court shall follow the recommendations stated in paragraphs (4) and (5) of subdivision (a), but may deviate from the recommendation in paragraph (4) of subdivision (a), as provided therein.
(c)
The online tool shall provide information in English, Spanish, and any other languages the Judicial Council chooses.
(d)
This section does not preclude a court that has not yet adopted online ability-to-pay determinations from adopting procedures or local rules in accordance with this section, unless the Judicial Council adopts rules of court or forms for purposes of this section.

Legislative History

Amended by Stats. 2023, Ch. 131, Sec. 100. (AB 1754) Effective January 1, 2024.