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Section 27754 Of Chapter 15. County Financial Evaluation Officer From California Government Code >> Division 2. >> Title 3. >> Part 3. >> Chapter 15.
27754
. Notwithstanding any provision of the Penal Code to the
contrary, in any court where a county financial evaluation officer is
available, if there are any costs which a person might have to
reimburse the county for under the Penal Code based on his or her
financial ability at the conclusion of the proceedings, the court
shall order such person to appear before the county financial
evaluation officer, who shall make an inquiry into such person's
ability to pay these costs, as well as other court-related costs.
When the person is so ordered to appear before the county financial
evaluation officer, the court shall then determine if there are other
costs which he or she might have to pay that depend on his or her
financial ability, and if so, shall order that the county financial
evaluation officer make an inquiry into the person's ability to pay
all or a portion of all such costs. The person shall have the right
to dispute the county financial officer's evaluation, in which case
he or she shall be entitled to a hearing pursuant to Section 27755 of
the Government Code in the court that concluded the proceedings.
If the person, after having been ordered to appear before the
county financial evaluation officer, has been given proper notice and
fails to appear before the county financial evaluation officer as
ordered, the county financial evaluation officer shall recommend to
the court that the person be ordered to pay the full amount of such
costs. Proper notice to the person shall contain all of the
following:
(a) That he or she has a right to a statement of such cost as soon as it is available.
(b) The person's procedural rights under Section 27755 of the Government Code.
(c) The time limit within which the person's appearance is required.
(d) A warning that if the person fails to appear before the county financial evaluation officer, such officer will recommend that the court order the person to pay such cost in full. If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and he or she concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the person's written agreement, shall petition the court for an order requiring the person to pay that sum to the county in a manner which is reasonable and compatible with the person's financial ability. This order need not be obtained in the court which concluded the proceedings, and may be granted without further notice to the person, provided a copy of the order is served on the person by mail. However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the person's liability for the costs, the amount of such costs, his or her ability to pay the same, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing pursuant to Section 27755 of the Government Code.
(a) That he or she has a right to a statement of such cost as soon as it is available.
(b) The person's procedural rights under Section 27755 of the Government Code.
(c) The time limit within which the person's appearance is required.
(d) A warning that if the person fails to appear before the county financial evaluation officer, such officer will recommend that the court order the person to pay such cost in full. If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and he or she concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the person's written agreement, shall petition the court for an order requiring the person to pay that sum to the county in a manner which is reasonable and compatible with the person's financial ability. This order need not be obtained in the court which concluded the proceedings, and may be granted without further notice to the person, provided a copy of the order is served on the person by mail. However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the person's liability for the costs, the amount of such costs, his or her ability to pay the same, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing pursuant to Section 27755 of the Government Code.
