Each pilot court may, by adopting a local rule, authorize the clerk of the court to make ability-to-pay determinations on requests submitted through the use of an online tool. If a pilot court authorizes the clerk of the court to make those determinations, the following shall apply:
(a) The determinations shall be based on specified criteria as established by the pilot court and posted on its Internet Web site. The criteria may include whether the defendant is receiving public benefits, including those listed in subdivision (a) of Section 68632 of the Government Code. The pilot court may establish criteria that waive or reduce the sum of the base fine, penalty assessments, civil assessments, and fees, including mandatory fees, owed by the defendant, by a specified amount, by a specified percentage, or by other specified criteria.
(b) The court shall obtain the defendant’s consent for the clerk to make the determination.
(c) A defendant shall have the right to a review by a judicial officer of any ability-to-pay determination made pursuant to subdivision (a) upon a written request made within 10 days of the determination.
(d) The court shall give the defendant notice electronically, accompanying the determination that has been reached by the clerk of the court through use of a formula adopted by the court, that the defendant has the right to a review of the ability-to-pay determination by a judicial officer.
(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 Inoperative June 30, 2022 Repealed as of January 1, 2023, pursuant to Section 40288)
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