Plumas County Municipal Code Art. 2 Payment of Probation Costs by Probationers

(a) In any case in which a defendant is convicted of an offense and granted probation, the court, taking into account any amount which the defendant is ordered to pay in fines, assessments, and restitution, shall make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of probation; and of conducting the presentence investigation and preparing the presentence report made pursuant to Section 1203 of the State Penal Code. The reasonable cost of these services of probation shall not exceed the amount determined to be the actual average cost thereof. The court shall 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 such costs. At a hearing, the defendant shall be entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, and to confront and cross-examine adverse witnesses, and to disclosure of the evidence against the defendant, and a written statement of the findings of the Court or the County officer. If the Court determines that the defendant has the ability to pay all or part of the costs, 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; or with the consent of the defendant, the Court shall order the Probation Officer to set the amount of payment, which shall not exceed the maximum amount set by the Court, and the manner in which the payment shall be made to the County. In making a determination of whether a defendant has the ability to pay, the Court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution. The Court may hold additional hearings during the probationary period.

If practicable, the Court or the Probation Officer shall order payments to be made on a month basis. Execution may be issued on the order in the same manner as a judgment in a civil action. The order to pay all or part of the costs shall not be enforced by contempt.

A payment schedule for reimbursement of the costs of presentence investigation based on income shall be developed by the Probation Department and approved by the Judge of the Superior Court.

(b) 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 of circumstances with regard to the defendant's ability to pay the judgment. The Court shall advise the defendant of his right at the time of rendering judgment.

(c) All sums paid by a defendant pursuant to this section shall be allocated for the operation expenses of the County Probation Department.

(§ 1, Ord. 90-744, eff. January 3, 1991)