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Superior Court of California, County of Imperial

GUIDELINES FOR JUVENILE ASSESSMENT AND

COLLECTION OF COSTS FOR COURT-RELATED SERVICES

1. Policy and Authority. Based on ability to pay, it shall be the policy of the Superior Court System to assess sums representing costs for legal services, probation related services and court- appointed investigations, as hereinafter set forth. Specifically, assessments shall be made to individuals for services as follows:

   (a) adult defendants for costs of legal services provided by court-appointed counsel (Penal Code Section 987.8);

   (b) convicted defendants for services rendered by the Probation Department as referenced by Penal Code Section 1203.1b;

   (c) parents or other persons responsible for the support of minors for legal services provided in either juvenile delinquency or dependency proceedings (Welfare & Institutions Code Section 903.1)1 ; and (d) parents (or other persons seeking custody or visitation) in family law matters where the Court directs the Probation Department (or other court-appointed investigator) to conduct custody/visitation evaluation or supervision (Family Code Section 3112).2

2. Costs for Services. In each case where the Court determines ability to pay, the Court shall make an order requiring the appropriate person or persons to pay for all or part of the costs incurred for services referenced under 1 above, as further discussed below. To assist the Court with respect to determination of amounts to be assessed, the Public Defender, other court-appointed counsel and Probation Department shall provide information as set forth below:

   (a) Public Defender and Other Court-Appointed Counsel. The Public Defender and other attorneys who provide criminal defense services, or services in Juvenile Court, by Court appointment, shall annually establish an hourly fee which shall represent the average hourly cost of providing such services. (Government Code Section 27712).3 Said counsel shall keep a record of the time devoted on a case by case basis so as to be able to advise the Court and Probation Department of the amount of time devoted to a case as of the time of disposition.

   (b) Probation Department. As required by Penal Code Section 1203.1b, the Probation Department shall develop a payment schedule for reimbursement for the costs of

   1In addition to assessments for costs incurred in providing legal services to minors in dependency proceedings, assessments shall be made for legal services provided in such proceedings to other family members as authorized by Section 903.1 of the Welfare & Institutions Code.

   2Assessments may be in addition to those made for costs of mediation.

2Hourly rates established for legal services provided in Juvenile Court proceedings shall be submitted to the Board of Supervisors for approval so as to comply with Section 904 of the Welfare & Institutions Code.

Instructions Page 1 of 3 JV-03 (Adopted 07/01/07, GUIDELINES FOR JUVENILE ASSESSMENT AND Revised 01/01/13) COLLECTION OF COSTS FOR COURT-RELATED SERVICES