987.8
. (a) Upon a finding by the court 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 any 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) In any case in which 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) In any case in which 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.
This subdivision shall be operative in a county only upon the
adoption of a resolution by the board of supervisors to that effect.
(d) If the defendant, after having been ordered to appear before a
county officer, has been given proper notice and fails to appear
before a county officer within 20 working days, the county officer
shall recommend to the court that the full cost of the legal
assistance shall be ordered to be paid by the defendant. The notice
to the defendant shall contain all of the following:
(1) A statement of the cost of the legal assistance provided to
the defendant as determined by the court.
(2) The defendant's procedural rights under this section.
(3) The time limit within which the defendant's response is
required.
(4) A warning that if the defendant fails to appear before the
designated officer, the officer will recommend that the court order
the defendant to pay the full cost of the legal assistance provided
to him or her.
(e) At a hearing, the defendant shall be entitled to, but shall
not be limited to, all of the following rights:
(1) The right to be heard in person.
(2) The right to present witnesses and other documentary evidence.
(3) The right to confront and cross-examine adverse witnesses.
(4) The right to have the evidence against him or her disclosed to
him or her.
(5) The right to a written statement of the findings of the court.
If the court determines that the defendant has the present ability
to pay all or a part of the cost, the court shall set the amount to
be reimbursed and order the defendant to pay the sum to the county in
the manner in which the court believes reasonable and compatible
with the defendant's financial ability. Failure of a defendant who is
not in custody to appear after due notice is a sufficient basis for
an order directing the defendant to pay the full cost of the legal
assistance determined by the court. The order to pay all or a part of
the costs may be enforced in the manner provided for enforcement of
money judgments generally but may not be enforced by contempt.
Any order entered under this subdivision is subject to relief
under Section 473 of the Code of Civil Procedure.
(f) Prior to the furnishing of counsel or legal assistance by the
court, the court shall give notice to the defendant that the court
may, after a hearing, make a determination of the present ability of
the defendant to pay all or a portion of the cost of counsel. The
court shall also give notice that, if the court determines that the
defendant has the present ability, the court shall order him or her
to pay all or a part of the cost. The notice shall inform the
defendant that the order shall have the same force and effect as a
judgment in a civil action and shall be subject to enforcement
against the property of the defendant in the same manner as any other
money judgment.
(g) As used in this section:
(1) "Legal assistance" means legal counsel and supportive services
including, but not limited to, medical and psychiatric examinations,
investigative services, expert testimony, or any other form of
services provided to assist the defendant in the preparation and
presentation of the defendant's case.
(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.
(h) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change in
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time it renders the judgment.
(i) This section shall apply to all proceedings, including
contempt proceedings, in which the party is represented by a public
defender or appointed counsel.