Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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Fines and Fees
| State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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California | Cal. Pen. Code § 33 | OF PARTIES TO CRIME |
Except in cases where a different punishment is prescribed, an accessory is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of + See moreSection 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.
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$0.00 - $5000.00 | All | No | Court | No |
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California | Cal. Pen. Code § 68 | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
(a) Every executive or ministerial officer, employee, or appointee of the State of California, a county or city therein, or a political subdivision thereof, who asks, receives, or agrees to receive, + See moreany bribe, upon any agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or that may be brought before him or her in his or her official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases in which no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater, and, in addition thereto, forfeits his or her office, employment, or appointment, and is forever disqualified from holding any office, employment, or appointment, in this state.(b) In imposing a restitution fine pursuant to this section, the court shall consider the defendant's ability to pay the fine.
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$2000 - $10000
restitution fine |
All | Yes | Court | No |
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California | Cal. Pen. Code § 69 | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
(a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who + See moreknowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.
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$0 - $10000 | All | No | Court | No |
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California | Cal. Pen. Code § 71 | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
(a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to + See moredo, or refrain from doing, any act in the performance of his duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out, is guilty of a public offense punishable as follows:(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(2) If the person has been previously convicted of a violation of this section, such previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she is punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(b) As used in this section, “directly communicated” includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.
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$0 - $10000 | All | No | Court | No |
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California | Cal. Pen. Code § 72 | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized + See moreto allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.As used in this section “officer” includes a “carrier,” as defined in subdivision (a) of Section 14124.70 of the Welfare and Institutions Code, authorized to act as an agent for a state board or officer or a county, city, or district board or officer, as the case may be.
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$0 - $10000 | All | No | Court | No |
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California | Cal. Pen. Code § 72.5(a) | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
(a) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred in attending a political function organized to support or oppose any political party or political candidate, + See morepresents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay such claims, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.
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$0 - $1000 | All | No | Court | No |
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California | Cal. Pen. Code § 72.5(a) | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
(a) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred in attending a political function organized to support or oppose any political party or political candidate, + See morepresents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay such claims, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.
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$0 - $10000 | All | No | Court | No |
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California | Cal. Pen. Code § 72.5(b) | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
(b) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred to gain admittance to a political function expressly organized to support or oppose any ballot measure, + See morepresents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay those claims is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
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$0 - $1000 | All | No | Court | No |
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California | Cal. Pen. Code § 72.5(b) | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
(b) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred to gain admittance to a political function expressly organized to support or oppose any ballot measure, + See morepresents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay those claims is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
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$0 - $10000 | All | No | Court | No |
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California | Cal. Pen. Code § 74 | OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE |
Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his + See moreoffice, is punishable by a fine not exceeding ten thousand dollars ($10,000), and, in addition thereto, forfeits his office and is forever disqualified from holding any office in this state.
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$0 - $10000 | All | Yes | Court | No |
Poverty Penalties and Poverty Traps
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
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California | Cal. Rules of Court 4.335(4)(B) | Ability to pay determination for infraction offenses | the court may exercise its discretion to: . . . (B) Allow the defendant to complete community service in lieu of paying the total fine (if available) | Community service | Misdemeanor | No |
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California | Cal. Rules of Court 4.335(4)(A) | Ability to pay determination for infraction offenses | the court may exercise its discretion to: (A) Provide for payment on an installment plan | Payment plan/installment plan | Misdemeanor | No |
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California | CA ST J ADMIN STANDARDS Standard 4.40 | Traffic infraction procedures |
to insure the prompt and efficient disposition of traffic infraction cases, each court should:(1) Authorize the clerk, within limits set by the court, to grant defendants extensions of time for + See morethe posting of bail and payment of fines.
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Payment plan/installment plan | Traffic | No |
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California | Cal. Pen. Code § 166(e)(2) | Contempt of court; Stalking; Punishments |
...If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). (B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
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Collection fee/interest | Misdemeanor | No |
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California | Cal. Pen. Code § 594(c), (f) | Vandalism; Punishment |
(c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court shall, when appropriate and feasible, in addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. If the court finds that graffiti cleanup is inappropriate, the court shall consider other types of community service, where feasible....
(f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling. |
Community service | Misdemeanor | Yes |
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California | Cal. Pen. Code § 1465.7(f) | Proceedings in Misdemeanor and Infraction Cases: State surcharge; Transmittal to General Fund; Construction with Vehicle Code provisions |
When amounts owed by an offender as a result of a conviction are paid in installment payments, payments shall be credited pursuant to Section 1203.1d. The amount of the surcharge established by this section shall be transmitted to the State Treasury prior to the county retaining or disbursing the remaining amount of the fines, penalties, and forfeitures imposed.
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Payment plan/installment plan | All | No |
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California | Veh. Code § 42003(a) | Penalties - Public Offense: Payment of fines; Consideration of defendant’s ability to pay |
A judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified installments.
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Payment plan/installment plan | Traffic | No |
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California | Cal. Pen. Code § 1462.5 | Proceedings in Misdemeanor and Infraction Cases: Proration of fines, penalties, forfeitures, and fees |
Each installment or partial payment of a fine, penalty, forfeiture or fee shall be prorated among the state and local shares according to the uniform accounting system established by the State Controller pursuant to Section 71380 of the Government Code. In cases subject to Section 1463.18 of the Penal Code, proration shall not occur until the minimum amounts have been transferred to the Restitution Fund as provided in that section.
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Payment plan/installment plan | All | No |
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California | Cal. Pen. Code § 1463.010(f) | Proceedings in Misdemeanor and Infraction Cases: Enforcement of court orders; Guidelines for collection program; Annual report; Business license suspension program; Amnesty |
Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.
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Collection fee/interest | All | No |
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California | Cal. Rules of Court 4.435(b) | Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision |
(b) On revocation and termination of probation under section 1203.2, when the sentencing judge determines that the defendant will be committed to prison or county jail under section 1170(h):(1) If the imposition of sentence was previously suspended, the judge must impose judgment and sentence after considering any findings previously made and hearing and determining the matters enumerated in rule 4.433(c).The length of the sentence must be based on circumstances existing at the time probation was granted, and subsequent events may not be considered in selecting the base term or in deciding whether to strike the additional punishment for enhancements charged and found.
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Incarceration | All | No |
Ability to Pay
| 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 | Cal. Veh. Code § 14601.5(e) | Driving with suspended license |
In imposing the minimum fine required by subdivision (d), the court shall take into consideration the defendant's ability to pay the fine and may, in the interest of justice, and + See morefor reasons stated in the record, reduce the amount of that minimum fine to less than the amount otherwise imposed.
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Traffic |
NA |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Court may waive or reduce fine |
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California | Gov. Code Sec. 68630 | The Judicial Council - Waiver of Court Fees and Cost: Legislative findings and declarations |
The Legislature finds and declares all of the following: (a) That our legal system cannot provide "equal justice under law" unless all persons have access to the courts without regard to their economic means. California law and court procedures should ensure that court fees are not a barrier to court access for those with insufficient economic means to pay those fees.
(b) That fiscal responsibility should be tempered with concern for litigants' rights to access the justice system. The procedure for allowing the poor to use court services without paying ordinary fees must be one that applies rules fairly to similarly situated persons, is accessible to those with limited knowledge of court processes, and does not delay access to court services. The procedure for determining if a litigant may file a lawsuit without paying a fee must not interfere with court access for those without the financial means to do so. (c) That those who are able to pay court fees should do so, and that courts should be allowed to recover previously waived fees if a litigant has obtained a judgment or substantial settlement. |
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1. Applicant receiving public benefits under one or more of the following programs: Supplemental Security Income (SSI) and State Supplementary Payment (SSP), California Work Opportunity and Responsibility to Kids Act (CalWORKs), federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program, Supplemental Nutrition Assistance Program, the California Food Assistance Program, County Relief, General Relief (GR), or General Assistance (GA), Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI), In-Home Supportive Services (IHSS), or Medi-Cal. 2. An applicant whose monthly income is 125 percent or less of the current poverty guidelines. 3. An applicant who, as individually determined by the court, cannot pay court fees without using moneys that normally would pay for the common necessaries of life for the applicant and the applicant's family.
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Not provided for | Not provided for | Other | Yes |
Court can grant an initial fee waiver, require applicant to pay a portion of the fees, require applicant to pay court fees over a period of time, or grant some other equitable arrangement.
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California | Cal. Gov. Code § 27712(a) | Public Defender: Determination of ability to pay for costs of counsel at end of proceedings; Order for payment, and enforcement thereof |
(a) In any case in which a party is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the proceedings, or upon the withdrawal of the public defender or private counsel, after a hearing on the matter, the court may make a determination of the ability of the party to pay all or a portion of the cost of such legal assistance. Such determination of ability to pay shall only be made after a hearing conducted according to the provisions of Section 987.8 of the Penal Code; except that, in any court where a county financial evaluation officer is available, the court shall order the party to appear before the county financial evaluation officer, who shall make an inquiry into the party’s ability to pay this cost as well as other court-related costs. The party shall have the right to dispute the county financial evaluation officer’s evaluation, in which case he or she shall be entitled to a hearing pursuant to Section 27752. If the party agrees with the county financial evaluation officer’s evaluation, the county financial evaluation officer shall petition the court for an order to that effect. The court may, in its discretion, hold one such additional hearing, or the county financial evaluation officer may hold one such additional evaluation, within six months of the conclusion of the criminal proceedings. If the court determines, or upon petition by the county financial evaluation officer is satisfied, that the party has the ability to pay all or part of the cost, it shall order the party to pay the sum to the county in any installments and manner which it believes reasonable and compatible with the party’s ability to pay. Execution may be issued on the order in the same manner as on a judgment in a civil action. The order shall not be enforced by contempt.The court, or in a county which has a county financial evaluation officer, the board of supervisors, shall adjudge a standard by which to measure the cost of legal assistance provided, which standard shall reflect the actual cost of legal services provided. Appointed counsel shall provide evidence of the services performed pursuant to such standard.
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All |
NA |
Not provided for | Not provided for | Determined by judge after hearing | Yes |
Fee may be reduced |
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California | Cal. Pen. Code § 1202.5(a) | Additional fine upon conviction of specified crimes; Disposition of proceeds |
(a) In any case in which a defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470, 484, 487, subdivision (a) of Section 487a, or Section 488, or 594, the court shall order the defendant to pay a fine of ten dollars ($10) in addition to any other penalty or fine imposed. If the court determines that the defendant has the ability to pay all or part of the fine, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any other fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court my reduce fine |
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California | Cal. Pen. Code § 273.65(i) | Violation of protective order relating to children |
(i) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
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California | Cal. Rules of Court 4.335(c) | Ability to pay determinations for infraction offenses |
(1) The court, on request of a defendant, must consider the defendant’s ability to pay. (2) A defendant may request an ability-to-pay determination at adjudication, or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
3) The court must permit a defendant to make this request by written petition unless the court directs a court appearance. The request must include any information or documentation the defendant wishes the court to consider in connection with the determination. The judicial officer has the discretion to conduct the review on the written record or to order a hearing. |
Misdemeanor | Not provided for | Not provided for | Not provided for | Determined by judge without hearing | No |
Community service; payment plan; waiver or reduction of costs |
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California | Cal. Pen. Code § 987.8(a)-(c) | Determination of assets subject to attachment; Determination and order for payment of costs of counsel; Proceedings; Enforcement |
(a) If the court finds that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendant’s principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien.
(b) If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. (c) (1) If the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendant’s ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision. (2) This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect. |
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(2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following: (A) The defendant's present financial position. (B) The defendant's 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 the defendant's reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense. (C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing. (D) Any other factor or factors which may bear upon the defendant's financial capability to reimburse the county for the costs of the legal assistance provided to the defendant.
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Not provided for | Not provided for | Not provided for | Yes |
NA |
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California | Cal. Pen. Code § 273d(c)(3)(B) | Infliction of corporal punishment or injury on child resulting in traumatic condition; Enhancement; Conditions of probation |
(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
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Felony |
NA |
Not provided for | Not provided for | Not provided for | No |
If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees. |
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California | Cal. Health & Saf. Code § 11350(c) | Offenses Involving Controlled Substances Formerly Classified as Narcotics: Unlawful possession |
(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine. |
All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
community service |
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California | Cal. Gov. Code § 29550(d)(2) | Criminal Justice Administrative Fees: Imposition of fee |
The court shall, as a condition of probation, order the convicted person, based on his or her ability to pay, to reimburse the county for the criminal justice administration fee, including applicable overhead costs.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
NA |
Transparency
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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California | Cal. Rules of Court 4.320 | Records of criminal convictions |
In addition to the information that the Department of Justice requires from courts under Penal Code section 13151, each trial court must also report, electronically or manually, the following information, + See morein the form and manner specified by the Department of Justice:(1) Whether the defendant was represented by counsel or waived the right to counsel; and(2) In the case of a guilty or nolo contendere plea, whether:(A) The defendant was advised of and understood the charges;(B) The defendant was advised of, understood, and waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; and(C) The court found the plea was voluntary and intelligently made. For purposes of this rule, a change of plea form signed by the defendant, defense counsel if the defendant was represented by counsel, and the judge, and filed with the court is a sufficient basis for the clerk or deputy clerk to report that the requirements of (2) have been met.
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Obligation to collect or record | All courts |
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California | Cal. Rules of Court 4.541 | Minimum requirements of supervision agency reports |
Except as provided in (d), a petition for revocation of supervision must include a written report that contains at least the following information:(1) Information about the supervised person, including:(A) Personal + See moreidentifying information, including name and date of birth;(B) Custody status and the date and circumstances of arrest;(C) Any pending cases and case numbers;(D) The history and background of the supervised person, including a summary of the supervised person's record of prior criminal conduct; and(E) Any available information requested by the court regarding the supervised person's risk of recidivism, including any validated risk-needs assessments;(2) All relevant terms and conditions of supervision and the circumstances of the alleged violations, including a summary of any statement made by the supervised person, and any victim information, including statements and type and amount of loss;(3) A summary of any previous violations and sanctions; and(4) Any recommended sanctions
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Obligation to report/conduct analysis | Supervision agency |
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California | Cal. Pen. Code § 1463.010 | Proceedings in Misdemeanor and Infraction Cases: Enforcement of court orders; Guidelines for collection program; Annual report; Business license suspension program; Amnesty |
The uniform imposition and enforcement of court-ordered debts are recognized as an important element of California’s judicial system. Prompt, efficient, and effective imposition and collection of court-ordered fees, fines, forfeitures, penalties, restitution, and assessments ensure the appropriate respect for court orders. The California State Association of Counties and the Administrative Office of the Courts are jointly committed to identifying, improving, and seeking to expand access to mechanisms and tools that will enhance efforts to collect court-ordered debt. To provide for this prompt, efficient, and effective collection:(a) The Judicial Council shall adopt guidelines for a comprehensive program concerning the collection of moneys owed for fees, fines, forfeitures, penalties, and assessments imposed by court order. As part of its guidelines, the Judicial Council may establish standard agreements for entities to provide collection services. As part of its guidelines, the Judicial Council shall include provisions that promote competition by and between entities in providing collection services to courts and counties. The Judicial Council may delegate to the Administrative Director of the Courts the implementation of the aspects of this program to be carried out at the state level. (b) The courts and counties shall maintain the collection program that was in place on January 1, 1996, unless otherwise agreed to in writing by the court and county. The program may wholly or partially be staffed and operated within the court itself, may be wholly or partially staffed and operated by the county, or may be wholly or partially contracted with a third party. In carrying out this collection program, each superior court and county shall develop a cooperative plan to implement the Judicial Council guidelines. In the event that a court and a county are unwilling or unable to enter into a cooperative plan pursuant to this section, prior to the arbitration procedures required by subdivision (e) of Section 1214.1, the court or the county may request the continuation of negotiations with mediation assistance as mutually agreed upon and provided by the Administrative Director of the Courts and the California State Association of Counties. (c) The Judicial Council shall develop performance measures and benchmarks to review the effectiveness of the cooperative superior court and county collection programs operating pursuant to this section. Each superior court and county shall jointly report to the Judicial Council, as provided by the Judicial Council, information requested in a reporting template on or before September 1, 2009, and annually thereafter. The Judicial Council shall report to the Legislature on December 31, 2009, and annually thereafter, on all of the following: (1) The extent to which each court or county is following best practices for its collection program. (2) The performance of each collection program. (3) Any changes necessary to improve performance of collection programs statewide. (d) The Judicial Council may, when the efficiency and effectiveness of the collection process may be improved, facilitate a joint collection program between superior courts, between counties, or between superior courts and counties. (e) The Judicial Council may establish, by court rule, a program providing for the suspension and nonrenewal of a business and professional license if the holder of the license has unpaid fees, fines, forfeitures, penalties, and assessments imposed upon them under a court order. The Judicial Council may provide that some or all of the superior courts or counties participate in the program. Any program established by the Judicial Council shall ensure that the licensee receives adequate and appropriate notice of the proposed suspension or nonrenewal of his or her license and has an opportunity to contest the suspension or nonrenewal. The opportunity to contest may not require a court hearing. (f) Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.
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California | Cal. Pen. Code § 1463.02 | Proceedings in Misdemeanor and Infraction Cases: Establishment of task force; Task force responsibilities and duties; Chairperson; Membership; Report |
(a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult and juvenile offenders. The task force shall be comprised of the following members:(1) Two members appointed by the California State Association of Counties. (2) Two members appointed by the League of California Cities. (3) Two court executives, two judges, and two Administrative Office of the Courts employees appointed by the Judicial Council. (4) One member appointed by the Controller. (5) One member appointed by the Franchise Tax Board. (6) One member appointed by the California Victim Compensation Board. (7) One member appointed by the Department of Corrections and Rehabilitation. (8) One member appointed by the Department of Finance. (9) One member appointed by each house of the Legislature. (10) A county public defender and a city attorney appointed by the Speaker of the Assembly. (11) A defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules. (b) The Judicial Council shall designate a chairperson for the task force. The task force shall, among other duties, do all of the following: (1) Identify all criminal and traffic-related court-ordered fees, fines, forfeitures, penalties, and assessments imposed under law. (2) Identify the distribution of revenue derived from those debts and the expenditures made by those entities that benefit from the revenues. (3) Consult with state and local entities that would be affected by a simplification and consolidation of criminal and traffic-related court-ordered debts. (4) Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition of criminal and traffic-related court-ordered debts and the distribution of the revenue derived from those debts with the goal of improving the process for those entities that benefit from the revenues, and recommendations, if any, for adjustment to the court-ordered debts. (c) The task force also shall document recent annual revenues from the various penalty assessments and surcharges and, to the extent feasible, evaluate the extent to which the amount of each penalty assessment and surcharge impacts total annual revenues, imposition of criminal sentences, and the actual amounts assessed. (d) The task force also shall evaluate and make recommendations to the Judicial Council and the Legislature on or before June 30, 2011, regarding the priority in which court-ordered debts should be satisfied and the use of comprehensive collection programs authorized pursuant to Section 1463.007, including associated cost-recovery practices.
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California | Cal. Gov. Code § 6253(a)-(b) | Inspection of Public Records: Time for inspection of public records; “Unusual circumstances”; Posting of public record on Web site |
(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.
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California | CA ST TR COURT Rule 2.503(c) | Application and scope: Courthouse electronic access only |
A court that maintains the following records in electronic form must provide electronic access to them at the courthouse, to the extent it is feasible to do so, but may provide remote electronic access only to the records governed by (b):(1) Records in a proceeding under the Family Code, including proceedings for dissolution, legal separation, and nullity of marriage; child and spousal support proceedings; child custody proceedings; and domestic violence prevention proceedings; . . . (5) Records in a criminal proceeding.
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California | CA ST TR COURT Rule 2.503(e) | Application and scope: Remote access allowed in extraordinary criminal cases |
Notwithstanding (c)(5), the presiding judge of the court, or a judge assigned by the presiding judge, may exercise discretion, subject to (e)(1), to permit electronic access by the public to all or a portion of the public court records in an individual criminal case if (1) the number of requests for access to documents in the case is extraordinarily high and (2) responding to those requests would significantly burden the operations of the court. An individualized determination must be made in each case in which such remote electronic access is provided.
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Collections Infrastructure
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California | Cal. Pen. Code § 1205(e) | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thirty dollars ($30).
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California | Cal. Pen. Code § 1214.1(a) | Civil assessment for failure to appear; Collection |
In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code.
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California | Cal. Pen. Code § 1205 | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection.(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thirty dollars ($30).
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California | Cal. Pen. Code § 1463.007(b)-(c) | Proceedings in Misdemeanor and Infraction Cases: Deduction and deposit of cost of comprehensive collection program; Minimum amount for inclusion; When debt is delinquent and subject to collection; Conditions |
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program . . . . (c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria: ... (4) The program engages in at least five of the following activities: ... (D) Contracts with one or more private debt collectors to collect delinquent debt.
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California | Cal. Pen. Code § 1205(b), (d) | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default . . . .
(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection. |
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California | Cal. Rev. & Tax. Code § 19280 | Referral of certain fines, penalties, bail, forfeitures, and restitution orders to Franchise Tax Board for collection; Interest; Applicability of specified provisions |
Fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by a juvenile or superior court of the State of California upon a person or any other entity that are due and payable in an amount totaling no less than one hundred dollars ($100), in the aggregate, for criminal offenses, including all offenses involving a violation of the Vehicle Code, and any amounts due pursuant to Section 903.1 of the Welfare and Institutions Code may, no sooner than 90 days after payment of that amount becomes delinquent, be referred by the juvenile or superior court, the county, or the state to the Franchise Tax Board for collection under guidelines prescribed by the Franchise Tax Board.
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California | Cal. Gov. Code § 27752 | Authority of officer; Collection of moneys |
A county financial evaluation officer is authorized to make financial evaluations and collect moneys pursuant to Section 3112 of the Family Code; Sections 987.4, 987.8, 1203, 1203.1, 1203.1b, 1203.1c, 1203.1e, 1205, and 1209 of the Penal Code; and Sections 353, 353.5, 376, 700, 727, 751, 903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions Code.
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California | Cal. Pen. Code § 1463.007 | Deduction and deposit of cost of comprehensive collection program; Minimum amount for inclusion; When debt is delinquent and subject to collection; Conditions |
(a) Notwithstanding any other law, a county or court that operates a comprehensive collection program may deduct the costs of operating that program, excluding capital expenditures, from any revenues collected under that program. The costs shall be deducted before any distribution of revenues to other governmental entities required by any other law. A county or court operating a comprehensive collection program may establish a minimum base fee, fine, forfeiture, penalty, or assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program. Debt is delinquent and subject to collection by a comprehensive collection program if any of the following conditions is met: (1) A defendant does not post bail or appear on or before the date on which he or she promised to appear, or any lawful continuance of that date, if that defendant was eligible to post and forfeit bail. (2) A defendant does not pay the amount imposed by the court on or before the date ordered by the court, or any lawful continuance of that date. (3) A defendant has failed to make an installment payment on the date specified by the court. (c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria: (1) The program identifies and collects amounts arising from delinquent court-ordered debt, whether or not a warrant has been issued against the alleged violator. (2) The program complies with the requirements of subdivision (b) of Section 1463.010. (3) The program engages in each of the following activities: (A) Attempts telephone contact with delinquent debtors for whom the program has a telephone number to inform them of their delinquent status and payment options. (B) Notifies delinquent debtors for whom the program has an address in writing of their outstanding obligation within 95 days of delinquency. (C) Generates internal monthly reports to track collections data, such as age of debt and delinquent amounts outstanding. (D) Uses Department of Motor Vehicles information to locate delinquent debtors. (E) Accepts payment of delinquent debt by credit card. (4) The program engages in at least five of the following activities: (A) Sends delinquent debt to the Franchise Tax Board’s Court-Ordered Debt Collections Program. (B) Sends delinquent debt to the Franchise Tax Board’s Interagency Intercept Collections Program. (C) Initiates driver’s license suspension or hold actions when appropriate for a failure to appear in court. (D) Contracts with one or more private debt collectors to collect delinquent debt. (E) Sends monthly bills or account statements to all delinquent debtors. (F) Contracts with local, regional, state, or national skip tracing or locator resources or services to locate delinquent debtors. (G) Coordinates with the probation department to locate debtors who may be on formal or informal probation. (H) Uses Employment Development Department employment and wage information to collect delinquent debt. (I) Establishes wage and bank account garnishments where appropriate. (J) Places liens on real property owned by delinquent debtors when appropriate. (K) Uses an automated dialer or automatic call distribution system to manage telephone calls. |
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Revenue Flow
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California | Cal. Pen. Code § 1463.009 | Proceedings in Misdemeanor and Infraction Cases: Allocation of bail forfeitures |
Notwithstanding Section 1463, all bail forfeitures that are collected from any source in a case in which a defendant is charged and convicted of a violation of Section 261, 264.1, 286, 288, 288a, 288.5, or 289, or of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7, and that are required to be deposited with the county treasurer shall be allocated according to the following priority:
(a) The county shall be reimbursed for reasonable administrative costs for the collection of the forfeited property, the maintenance and preservation of the property, and the distribution of the property pursuant to this section. (b) Out of the remainder of the forfeited bail money, a total of up to 50 percent shall be distributed in the amount necessary to satisfy any civil court judgment in favor of a victim as a result of the offense or a restitution order due to a criminal conviction to a victim who was under 18 years of age at the time of the commission of the offense if the defendant is convicted under Section 261, 264.1, 286, 288, 288a, 288.5, or 289, and to a victim of any age if the defendant has been convicted of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7. (c) The balance of the amount collected shall be deposited pursuant to Section 1463. |
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California | Cal. Pen. Code § 311.12(c) | Obscene Matter: Penalties for depicting minors engaging in sexual conduct through the use of government-owned computer or in which the production, transportation, or distribution involves government-owned property; Use of revenues |
(c) Revenue from any fines collected pursuant to this section shall be deposited into a county fund established for that purpose and allocated as follows, and a county may transfer all or part of any of those allocations to another county for the allocated use:(1) One-third for sexual assault investigator training. (2) One-third for public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for victims of human trafficking. (3) One-third for multidisciplinary teams.
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California | Cal. Gov. Code § 70373(d) | State Court Facilities Construction Fund: Assessments on convictions for certain criminal offenses |
(d) Notwithstanding any other law, the assessments collected pursuant to subdivision (a) shall all be deposited in a special account in the county treasury and transmitted therefrom monthly to the Controller for deposit in the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5.
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California | Cal. Pen. Code § 1463.04 | Proceedings in Misdemeanor and Infraction Cases: Allocation of fines and forfeitures collected under SNO-PARK permit program |
Notwithstanding Section 1463, out of the moneys deposited with the county treasurer pursuant to Section 1463, there shall be transferred once a month into the State Treasury to the credit of the Winter Recreation Fund an amount equal to 50 percent of all fines and forfeitures collected during the preceding month upon conviction or upon the forfeiture of bail from any person of any violation of Section 5091.15 of the Public Resources Code, and an amount equal to the remaining 50 percent shall be transferred to the county general fund and deposited in a special account which shall be used exclusively to pay for the cost of furthering the purposes of the California SNO-PARK Permit Program, including, but not limited to, the snow removal, maintenance, and development of designated parking areas.
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California | Cal. Gov. Code § 76104.6(b) |
County Penalties - Allocation of Penalties: Additional penalty levied to help implement DNA Fingerprint, Unsolved Crime and Innocence Protection Act; Report to Legislature and Department of Justice; Loans to + See moreimplement act
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(b)(1) The fund moneys described in subdivision (a), together with any interest earned thereon, shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. Deposits to the fund may continue through and including the 20th year after the initial calendar year in which the surcharge is collected, or longer if and as necessary to make payments upon any lease or leaseback arrangement utilized to finance any of the projects specified herein.(2) On the last day of each calendar quarter of the year specified in this subdivision, the county treasurer shall transfer fund moneys in the county’s DNA Identification Fund to the Controller for credit to the state’s DNA Identification Fund, which is hereby established in the State Treasury, as follows: (A) In the first two calendar years following the effective date of this section, 70 percent of the amounts collected, including interest earned thereon. (B) In the third calendar year following the effective date of this section, 50 percent of the amounts collected, including interest earned thereon. (C) In the fourth calendar year following the effective date of this section and in each calendar year thereafter, 25 percent of the amounts collected, including interest earned thereon. (3) Funds remaining in the county’s DNA Identification Fund shall be used only for the following purposes: (A) To reimburse local sheriff or other law enforcement agencies for the collection of DNA specimens, samples, and print impressions pursuant to this chapter. (B) For expenditures and administrative costs made or incurred to comply with the requirements of paragraph (5) of subdivision (b) of Section 298 of the Penal Code, including the procurement of equipment and software integral to confirming that a person qualifies for entry into the Department of Justice DNA and Forensic Identification Database and Data Bank Program. (C) To reimburse local sheriff, police, district attorney, and regional state crime laboratories for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA crime scene samples from cases in which DNA evidence would be useful in identifying or prosecuting suspects, including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA crime scene samples from unsolved cases. (D) (i) If authorized by a resolution of the board of supervisors, and after the distributions provided in subparagraphs (A), (B), and (C), a local sheriff or police department, or the district attorney’s office, may use remaining funds, either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualified local or regional state forensic laboratory for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis. This subparagraph shall apply only to those counties that do not have a local public law enforcement laboratory, and does not authorize any transfer that will interfere with the operation of subparagraph (A). Any supplemental funding provided pursuant to this subparagraph shall not be used to supplant funds already allocated to a qualified local or regional state forensic laboratory by the state’s DNA Identification Fund. (ii) For purposes of this subparagraph, a qualified local or regional state forensic laboratory is a Department of Justice regional forensic laboratory or a local law enforcement agency forensic laboratory that meets state and federal requirements for contributing DNA profiles for inclusion in California’s DNA databank, including the FBI Quality Assurance Standards and accreditation requirements, and shall be accredited by an organization approved by the National DNA Index System (NDIS) Procedures Board. (4) The state’s DNA Identification Fund shall be administered by the Department of Justice. Funds in the state’s DNA Identification Fund, upon appropriation by the Legislature, shall be used by the Attorney General only to support DNA testing in the state and to offset the impacts of increased testing and shall be allocated as follows: (A) Of the amount transferred pursuant to subparagraph (A) of paragraph (2) of subdivision (b), 90 percent to the Department of Justice DNA Laboratory, first, to comply with the requirements of Section 298.3 of the Penal Code and, second, for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA specimens and samples including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA samples and specimens obtained pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended by Chapter 6 (commencing with Section 295) of Title 9 of Part 1 of the Penal Code, and 10 percent to the Department of Justice Information Bureau Criminal History Unit for expenditures and administrative costs that have been approved by the Chief of the Department of Justice Bureau of Forensic Services made or incurred to update equipment and software to facilitate compliance with the requirements of subdivision (e) of Section 299.5 of the Penal Code. (B) Of the amount transferred pursuant to subparagraph (B) of paragraph (2) of subdivision (b), funds shall be allocated by the Department of Justice DNA Laboratory, first, to comply with the requirements of Section 298.3 of the Penal Code and, second, for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA specimens and samples including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA samples and specimens obtained pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended. (C) Of the amount transferred pursuant to subparagraph (C) of paragraph (2) of subdivision (b), funds shall be allocated by the Department of Justice to the DNA Laboratory to comply with the requirements of Section 298.3 of the Penal Code and for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA specimens and samples including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA samples and specimens obtained pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended.
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California | Cal. Pen. Code § 186.8(a)-(c) | Criminal Profiteering: Distribution of proceeds from forfeiture sale |
Notwithstanding that no response or claim has been filed pursuant to Section 186.5, in all cases where property is forfeited pursuant to this chapter and, if necessary, sold by the Department of General Services or local governmental entity, the money forfeited or the proceeds of sale shall be distributed by the state or local governmental entity as follows:(a) To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid lien, mortgage, or security interest, if any, up to the amount of his or her interest in the property or proceeds, when the court declaring the forfeiture orders a distribution to that person. The court shall endeavor to discover all those lienholders and protect their interests and may, at its discretion, order the proceeds placed in escrow for up to an additional 60 days to ensure that all valid claims are received and processed. (b) To the Department of General Services or local governmental entity for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for any necessary repairs, storage, or transportation of any property seized under this chapter. (c) To the General Fund of the state or a general fund of a local governmental entity, whichever prosecutes.
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California | Cal. Health & Saf. Code § 11372.7(c) | Drug program fee; Drug program fund |
(c) The county treasurer shall maintain a drug program fund. For every drug program fee assessed and collected pursuant to subdivisions (a) and (b), an amount equal to this assessment shall be deposited into the fund for every conviction pursuant to this chapter, in addition to fines, forfeitures, and other moneys which are transmitted by the courts to the county treasurer pursuant to Sections 11372.5 and 11502. These deposits shall be made prior to any transfer pursuant to Section 11502. Amounts deposited in the drug program fund shall be allocated by the administrator of the county’s drug program to drug abuse programs in the schools and the community, subject to the approval of the board of supervisors, as follows:(1) The moneys in the fund shall be allocated through the planning process established pursuant to Sections 11983, 11983.1, 11983.2, and 11983.3. (2) A minimum of 33 percent of the fund shall be allocated to primary prevention programs in the schools and the community. Primary prevention programs developed and implemented under this article shall emphasize cooperation in planning and program implementation among schools and community drug abuse agencies, and shall demonstrate coordination through an interagency agreement among county offices of education, school districts, and the county drug program administrator. These primary prevention programs may include: (A) School- and classroom-oriented programs, including, but not limited to, programs designed to encourage sound decision-making, an awareness of values, an awareness of drugs and their effects, enhanced self-esteem, social and practical skills that will assist students toward maturity, enhanced or improved school climate and relationships among all school personnel and students, and furtherance of cooperative efforts of school- and community-based personnel. (B) School- or community-based nonclassroom alternative programs, or both, including, but not limited to, positive peer group programs, programs involving youth and adults in constructive activities designed as alternatives to drug use, and programs for special target groups, such as women, ethnic minorities, and other high-risk, high-need populations. (C) Family-oriented programs, including, but not limited to, programs aimed at improving family relationships and involving parents constructively in the education and nurturing of their children, as well as in specific activities aimed at preventing drug abuse.
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California | Cal. Gov. Code § 76104.7(b) | County Penalties - Allocation of Penalties: Additional state-only penalty; Deposit into DNA Identification Fund; Uses |
(b) This additional penalty shall be collected together with, and in the same manner as, the amounts established by Section 1464 of the Penal Code. These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. These funds shall be deposited into the county treasury DNA Identification Fund. One hundred percent of these funds, including any interest earned thereon, shall be transferred to the state Controller at the same time that moneys are transferred pursuant to paragraph (2) of subdivision (b) of Section 76104.6, for deposit into the state's DNA Identification Fund. These funds shall be used to fund the operations of the Department of Justice forensic laboratories, including the operation of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, and to facilitate compliance with the requirements of subdivision (e) of Section 299.5 of the Penal Code.
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California | Cal. Pen. Code § 186.8(d) | Criminal Profiteering: Distribution of proceeds from forfeiture sale |
Notwithstanding that no response or claim has been filed pursuant to Section 186.5, in all cases where property is forfeited pursuant to this chapter and, if necessary, sold by the Department of General Services or local governmental entity, the money forfeited or the proceeds of sale shall be distributed by the state or local governmental entity as follows:... (d) In any case involving a violation of subdivision (b) of Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution of the proceeds provided for by subdivisions (b) and (c), the proceeds shall be deposited in the county children’s trust fund, established pursuant to Section 18966 of the Welfare and Institutions Code, of the county that filed the petition of forfeiture. If the county does not have a children’s trust fund, the funds shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969 of the Welfare and Institutions Code.
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California | Cal. Pen. Code § 1202.45(c) | Additional parole revocation restitution fine; Postrelease community supervision revocation restitution fine or mandatory supervision revocation restitution fine |
(c) The fines imposed pursuant to subdivisions (a) and (b) shall not be subject to penalty assessments authorized by Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized by Section 1465.7, and shall be suspended unless the person’s parole, post release community supervision, or mandatory supervision is revoked. Fine moneys shall be deposited in the Restitution Fund in the State Treasury.
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Structure of Courts
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California | Cal. Con. art. VI, § 2 | Supreme Court; justices; time for convening; concurrence required for judgment; acting Chief Justice |
The Supreme Court consists of the Chief Justice ofCalifornia and 6 associate justices. The Chief Justice may convene
the court at any time. Concurrence of 4 judges present at + See morethe
argument is necessary for a judgment.
An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act. The Chief
Justice or, if the Chief Justice fails to do so, the court shall
select an associate justice as acting Chief Justice.
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Supreme Court | Creation of the courts |
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California | Cal. Con. art. VI, § 3 | Courts of appeal; districts; divisions; power; concurrence required for judgment; acting presiding justice |
The Legislature shall divide the State into districts eachcontaining a court of appeal with one or more divisions. Each
division consists of a presiding justice and 2 or more associate
justices. + See more It has the power of a court of appeal and shall conduct
itself as a 3-judge court. Concurrence of 2 judges present at the
argument is necessary for a judgment.
An acting presiding justice shall perform all functions of the
presiding justice when the presiding justice is absent or unable to
act. The presiding justice or, if the presiding justice fails to do
so, the Chief Justice shall select an associate justice of that
division as acting presiding justice.
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Court of Appeals | Creation of the courts |
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California | Cal. Con. Art. VI, Sec. 4 | Superior courts; officers and employees; appellate divisions |
In each county there is a superior court of one or morejudges. The Legislature shall prescribe the number of judges and
provide for the officers and employees of each superior + See morecourt. If
the governing body of each affected county concurs, the Legislature
may provide that one or more judges serve more than one superior
court.
In each superior court there is an appellate division. The Chief
Justice shall assign judges to the appellate division for specified
terms pursuant to rules, not inconsistent with statute, adopted by
the Judicial Council to promote the independence of the appellate
division.
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Superior Court | Creation of the courts |
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California | Cal. Con. art. VI, § 12 | Supreme Court; review | The Supreme Court may review the decision of a court of appeal in any cause. | Supreme Court | Jurisdiction of the courts |
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California | Cal. Const. art. VI, § 1 | Judicial power | The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. | Judicial power generally | Jurisdiction of the courts |
Case Law
| State | Citation | Question | Brief Answer | Language from the opinion | When does the case apply? | |
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California | People v. Castellanos, 175 Cal. App. 4th 1524, 1532 (2009) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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A material part of the ability to pay is an evaluation of the totality of the accused's financial responsibility. Note, most of the statutes imposing fines have ability to pay + See moreprovisions, so most of the court cases addressing ability to pay look at the text of the cited statute and do not ask more broadly what "ability to pay" means in the abstract.
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Although the Legislature has chosen to direct trial courts to take into account other fines and restitution, the controlling question is the ability to pay which includes, in material part, + See morean evaluation of the totality of an accused's financial responsibilities. People v. Castellanos, 175 Cal. App. 4th 1524, 1532, 98 Cal. Rptr. 3d 1, 7 (2009)."Government Code section 29550.2 places on the People the burden of proving a defendant's ability to pay a booking fee. Because the fee is not “punishment” for constitutional purposes (see People v. Alford, supra, 42 Cal.4th at pp. 756–759, 68 Cal.Rptr.3d 310, 171 P.3d 32), the People's burden of proof is by preponderance of evidence . . ." People v. McCullough, 56 Cal. 4th 589, 598, 298 P.3d 860, 866 (2013).
"The California Legislature has made inability to pay—which encompasses both present financial inability and inability to obtain remunerative employment in order to pay—an affirmative defense." Moss v. Superior Court (Ortiz), 17 Cal. 4th 396, 426, 950 P.2d 59, 78 (1998).
"In any event, equal protection does not require a trial judge make an express finding of ability to pay before ordering restitution." People v. Goulart, 224 Cal. App. 3d 71, 84 (Ct. App. 1990), modified (Oct. 1, 1990).
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Ability to pay |
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California | People v. Walz, 160 Cal. App. 4th 1364, 1369, 73 Cal. Rptr. 3d 494, 497–98 (2008); People v. Martinez, 65 Cal. App. 4th 1511, 1521 (1998) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? |
When the Legislature intends to grant courts discretion to set a fine amount within a range, it will use language to show this. Otherwise, the trial court is obliged to + See moreimpose penalties set out by the legislature and not use its discretion if not directed to.
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Unless the Legislature has otherwise provided, such as in section 1202.4, subdivision (e), or Welfare and Institutions Code section 730.6, subdivision (f), penalty assessments under sections 1464, and Government Code + See moresection 76000 are mandatory. (People v. Sierra (1995) 37 Cal.App.4th 1690, 1694–1695, 44 Cal.Rptr.2d 575; People v. Heisler (1987) 192 Cal.App.3d 504, 506–507, 237 Cal.Rptr. 452; Penalty Assessments and Court Costs, 62 Ops.Cal.Atty.Gen. 13, 17 (1979).) As explained in People v. Sierra, supra, 37 Cal.App.4th at page 1695, 44 Cal.Rptr.2d 575: “Trial courts are given discretion under subdivision (d) of section 1464 not to impose the penalty assessment where an inmate remains in prison [until the fine is satisfied] and the payment of the assessment ‘would work a hardship on the person convicted or his or her immediate family.’ Otherwise, the trial court has an obligation to impose a penalty assessment. People v. Martinez, 65 Cal. App. 4th 1511, 1521 (1998).We conclude that the $200 fine imposed by the trial court was unauthorized. “[A] sentence is generally ‘unauthorized’ where it could not lawfully be imposed under any circumstance in the particular case.” (People v. Scott, supra, 9 Cal.4th at p. 354, 36 Cal.Rptr.2d 627, 885 P.2d 1040.) Section 290.3, subdivision (a) states that a defendant convicted of a qualifying sex offense “shall ... be punished by a fine of three hundred dollars ($300) upon the first conviction or a fine of five hundred dollars ($500) upon the second and each subsequent conviction ..., unless the court determines that the defendant does not have the ability to pay the fine.” (Italics added.) The statute does not authorize a fine of $200, and the language of section 290.3, subdivision (a) is **498 not amenable to an interpretation granting a trial court discretion to impose a fine of less than the prescribed amount if it determines that the defendant does not have the ability to pay the full amount of the fine. When the Legislature has granted trial courts discretion to set the amount of a fine within a range, it has used language that so indicates. People v. Walz, 160 Cal. App. 4th 1364, 1369, 73 Cal. Rptr. 3d 494, 497–98 (2008).
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California | People v. Honig, 48 Cal. App. 4th 289, 314 (1996). |
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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No direct case law on this topic, but cases discuss the purpose of conflict of interest statutes that are designed to remove or limit possibility of personal influence. |
The duties of public office demand the absolute loyalty and undivided, uncompromised allegiance of the individual that holds the office. (Thomson v. Call, supra, 38 Cal.3d at p. 648, 214 + See moreCal.Rptr. 139, 699 P.2d 316; Stigall v. City of Taft (1962) 58 Cal.2d 565, 569, 25 Cal.Rptr. 441, 375 P.2d 289.) Yet it is recognized “ ‘that an impairment of impartial judgment can occur in even the most well-meaning men when their personal economic interests are affected by the business they transact on behalf of the Government.’ ” (Stigall v. City of Taft, supra, 58 Cal.2d at p. 570, 25 Cal.Rptr. 441, 375 P.2d 289, quoting United States v. Mississippi Valley Generating Co. (1961) 364 U.S. 520, 549, 81 S.Ct. 294, 309, 5 L.Ed.2d 268, 288.) Consequently, our conflict-of-interest statutes are concerned with what might have happened rather than merely what actually happened. (Ibid.) They are aimed at eliminating temptation, avoiding the appearance of impropriety, and assuring the government of the officer's undivided and uncompromised allegiance. (Thomson v. Call, supra, 38 Cal.3d at p. 648, 214 Cal.Rptr. 139, 699 P.2d 316.) Their objective “is to remove or limit the possibility of any personal influence, either directly or indirectly which might bear on an official's decision....” (Stigall v. City of Taft, supra, 58 Cal.2d at p. 569, 25 Cal.Rptr. 441, 375 P.2d 289, emphasis in original; see also People v. Vallerga (1977) 67 Cal.App.3d 847, 865, 136 Cal.Rptr. 429; People v. Watson (1971) 15 Cal.App.3d 28, 39, 92 Cal.Rptr. 860.). People v. Honig, 48 Cal. App. 4th 289, 314 (1996).
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California | People v. Amor, 12 Cal. 3d 20, 25–26, 523 P.2d 1173, 1175–76 (1974) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? |
The Court is able to forewarn a defendant that she might be held liable for payment of her appointed counsel and order her to pay what she has the financial + See moreability to pay. However, it cannot condition probation on a requirement that the defendant reimburse the court for costs of appointed counsel or hold her liable without a finding of financial ability or warning.
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Questions: First. Does section 987.8 of the Penal Code place an unconstitutional burden on the right to counsel in criminal proceedings? No. Defendant contends that section 987.8 is unconstitutional, on + See morethe ground that it has a chilling effect upon an accused's right to counsel. She argues that a deprivation of the trial to counsel may result, because the possibility under the statute that a defendant will be ordered to pay all or part of his counsel fees may cause him to decline counsel rather than run the risk of being required to pay counsel fees in an unknown amount. Under this theory, however, any defendant, indigent or not indigent, who elected to enter a guilty plea in order to save counsel fees would have been deprived of his right to counsel. If such a theory were sound, it would result in the practical elimination of the fee system with respect to the defense of criminal prosecutions. In urging her contention, defendant relies principally upon In re Allen, 71 Cal.2d 388, 78 Cal.Rptr. 207, 455 P.2d 143. In Allen, this court held that probation may not be conditioned on a requirement that the defendant reimburse the county for the services of court—appointed counsel. Allen, however, is distinguishable from the present case. In Allen, there is justification for concluding that the petitioner would have been penalized for exercising a constitutional right, because not only would she have been liable for payment of the entire fee paid to counsel for representing her, without a finding that she had the financial ability to make payment and with no warning that she might be held so liable, but she could have been imprisoned if she failed to pay the fee, payment thereof being one of the conditions of her probation. Here, on the other hand, the defendant, who had been forewarned that she might be held liable for payment of the fee for her appointed counsel, or part of it, was ordered to pay only that part which the court determined she had the financial ability to pay; and under the statute, since execution was issuable only as on a judgment in a civil action, she could not have been imprisoned for nonpayment. (Cal.Const., art. I, s 15.). People v. Amor, 12 Cal. 3d 20, 25–26, 523 P.2d 1173, 1175–76 (1974)
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Attorney General Opinions
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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California | 65 Cal. Op. Att'y Gen. 581 (1982) | "May a penalty assessment be levied against a criminal defendant who does not have a present ability to pay such assessment?" |
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if + See morethe proceedings may only result in additional fines or non-incarceration penalties?
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Indigent defendants cannot be imprisoned solely because they cannot pay a penalty. However, when indigent defendants refuse or fail to meet the terms of an alternative option, they can be + See moreimprisoned, as the court sees them the same as a non-indigent defendant.
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The effect of Antazo was to bar a trial judge from sending a defendant to jail or prison solely because he was unable to pay the monetary penalty. (In re + See moreSiegel (1975) 45 Cal.App.3d 843, 846.) However, as Antazo makes clear, such a penalty may nevertheless be imposed upon an indigent in certain circumstances (3 Cal.3d 100, 116):‘[O]ur holding is simply that an indigent who would pay his fine if he could, must be given an option comparable to an offender who is not indigent. When the indigent offender refuses to avail himself of such alternatives at the inception, or defaults or otherwise fails to meet the conditions of the particular alternative which is offered him without a showing of reasonable excuse, the indigent offender becomes in the eyes of the court exactly the same as the contumacious offender who is not indigent. When either of these conditions obtain the offender's indigency ceases to be dispositive and he may, consistently with the mandate of the equal protection clause, be relegated to ‘working out’ his fine by imprisonment.' 65 Cal. Op. Att'y Gen. 581 (1982).
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Ability to pay |
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California | 66 Cal. Op. Att'y Gen. 440 (1983). | Personal use of fines and fees prohibited | Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? | Judges cannot receive fines or fees for personal use. |
Article VI, section 17, of the California Constitution, provides: “A judge of a court of record may not practice law and during the term for which the judge was selected + See moreis ineligible for public employment or public office other than judicial employment or judicial office. A judge of the superior or municipal court may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing a declaration of candidacy. Acceptance of the public office is a resignation from the office of judge. “A judicial officer may not receive fines or fees for personal use.” 66 Cal. Op. Att'y Gen. 440 (1983).
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The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.