Notwithstanding any other law, a pilot court may, by adopting a local rule, make ability-to-pay determinations under the procedures authorized in this section.
(a) A pilot court may allow defendants to agree to forfeit bail, plead guilty, or plead nolo contendere, and request an ability-to-pay determination. For purposes of this subdivision:
(1) A defendant need not post bail or pay any fines or fees prior to an ability-to-pay determination.
(2) The date that the defendant agrees to forfeit bail, plead guilty, or plead nolo contendere shall be reported as the date of conviction for purposes of reporting violations of this code to the department under Section 1803.
(3) If a defendant agrees to forfeit bail, plead guilty, or plead nolo contendere, and requests an ability-to-pay determination, the matter will be considered adjudicated for purposes of an ability-to-pay determination.
(b) Based on any ability-to-pay determination, a pilot court may do any of the following:
(1) Waive or reduce the sum of the total amount due for an infraction.
(2) Extend the time for payment or provide for payment on an installment plan, including those amounts due after any reduction under paragraph (1).
(3) Allow the defendant to complete community service in lieu of the total amount due. If a defendant qualifies for a reduction in the total amount due, the court may allow the defendant to complete the community service in lieu of the payment on the reduced amount.
(4) Suspend the total amount due in whole or in part.
(5) Offer an alternative disposition.
(c) A court may consider ability-to-pay determination requests submitted through an online tool.
(d) For purposes of this section, the “total amount due” is the sum of the base fine, penalty assessments, civil assessments, and fees, including mandatory fees, owed and unpaid by the defendant.
(e) This section does not preclude a court that is not participating in the pilot program from adopting procedures or rules of court in accordance with this section.
(Added by Stats. 2018, Ch. 45, Sec. 19. (SB 847) Effective June 27, 2018. Inoperative June 30, 2022 Repealed as of January 1, 2023, pursuant to Section 40288)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.