Ability to Pay

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State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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 California Veh. Code § 42003(c) Public Offense: Payment of fines; Consideration of defendant’s ability to pay

In any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of this code, the court, upon request of

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the defendant, shall consider the defendant’s ability to pay.

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Overall capability of the defendant to reimburse the costs, or a portion of the costs, of conducting the presentence investigation, preparing the presentence report, and probation, and includes, but is

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not limited to, all of the following regarding the defendant:(1) Present financial position. (2) Reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position. (3) Likelihood that the defendant will be able to obtain employment within the six-month period from the date of the hearing. (4) Any other factors that may bear upon the defendant’s financial capability to reimburse the county for the costs.

 At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

Court shall, if practicable, order payments to be made on a monthly basis.

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