2009 California Government Code - Section 27750-27758 :: Chapter 15. County Financial Evaluation Officer

27750.  The board of supervisors of any county may designate a
county officer to make financial evaluations of defendants and other
persons liable for reimbursable costs under the law. A county officer
so designated shall be known as the county financial evaluation
officer, whose duties shall be to determine, according to the
standards set by the board of supervisors and at the direction of the
court, the financial ability of parties who have incurred, or will
incur, attorney's fees or other court-related or court-ordered costs,
which costs by law must be waived or the services provided free of
charge if the party is indigent.

27751.  A county financial evaluation officer is authorized to
perform the functions of a probation officer set forth in Sections
275, 276, and 323 of the Welfare and Institutions Code and Sections
1685 to 1687, inclusive, of the Code of Civil Procedure.

27752.  A county financial evaluation officer is authorized to make
financial evaluations and collect moneys pursuant to Section 3112 of
the Family Code; Sections 987.4, 987.8, 1203, 1203.1, 1203.1b,
1203.1c, 1203.1e, 1205, and 1209 of the Penal Code; and Sections 353,
353.5, 376, 700, 727, 751, 903, 903.1, 903.2, 903.3, and 903.45 of
the Welfare and Institutions Code.

27753.  In any court where a financial evaluation officer is
available, prior to the furnishing of counsel or legal assistance by
the court, the court shall give notice to the defendant that the
court, after a hearing pursuant to Section 27755 of the Government
Code, shall make a determination of the ability of the defendant to
pay all or a portion of the cost of counsel. The court shall give the
defendant notice of his or her procedural rights under Section 27755
of the Government Code. The court shall also give notice that, if
the court determines that the defendant has the financial ability,
the court shall order him or her to pay all or a part of such cost in
a manner which the court believes reasonable and compatible with the
defendant's financial ability. The notice shall inform the defendant
that the order shall have the same force and effect as a judgment in
a civil action and shall be subject to enforcement against the
property of the defendant in the same manner as any other money
judgment. The notice shall also inform the defendant that if he or
she is ordered to appear before the county financial evaluation
officer and fails to so appear, an order for the full cost of the
legal assistance provided shall be entered against him or her. The
provisions of this section shall apply to all proceedings, including
contempt proceedings, in which the party is represented by a public
defender or appointed counsel.

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.

27755.  (a) At any hearing required by law to determine a person's
ability to pay court-related costs, such person shall have the right
to be heard in person and to be represented by counsel, to present
witnesses and other evidence, to confront and cross-examine adverse
witnesses, to have the evidence against him or her disclosed to him
or her, and to have a written statement of the findings of the court.
A defendant represented by counsel appointed by the court in the
criminal proceedings shall be entitled to such representation at any
hearing held pursuant to this section. If the court determines that
such person has the ability to pay all or a part of the costs, the
court may set the amount to be reimbursed and order him or her to pay
that sum to the county in the manner in which the court believes
reasonable and compatible with his or her financial ability.
   Failure of any such person who is not in custody to appear after
proper notice for his or her financial evaluation before a county
financial evaluation officer, or for this hearing, is a sufficient
basis for an order directing the person to pay the full cost of his
or her court-related costs as determined by the court. Proper notice
to the person shall contain all of the following:
   (1) That he or she has a right to a statement of such cost as soon
as it is available.
   (2) The person's procedural rights under this section.
   (3) The time limit within which the person's appearance is
required.
   (4) A warning that if the person fails to appear before the county
financial evaluation officer, the county financial evaluation
officer will recommend that the court order the person to pay such
cost in full.
   The order to pay all or a part of such costs may be enforced in
the manner provided for enforcement of money judgments generally,
including any balance remaining unpaid at the end of the person's
probationary period, but may not be enforced by contempt unless
otherwise provided for by law.
   Any order entered under this subdivision is subject to relief
under the provisions of Section 473 of the Code of Civil Procedure.
   (b) As used in this section:
   (1) "Legal assistance" means legal counsel and supportive services
including, but not limited to, medical and psychiatric examinations,
investigative services, expert testimony and any other form of
services provided to assist the person in the preparation and
presentation of the person's case.
   (2) "Ability to pay" means the overall capability of the person to
reimburse the costs, or a portion of the costs involved and shall
include, but not be limited to, all of the following:
   (A) The person's present financial position.
   (B) The person's reasonably discernible future financial position.
In no event shall the court consider a period of more than six
months from the date of the hearing or evaluation, whichever is
applicable, for purposes of determining the person's reasonably
discernible future financial position. Unless the court finds unusual
circumstances, a defendant sentenced to state prison shall be
determined not to have a reasonably discernible future financial
ability to reimburse the costs involved, and need not be referred to
the county financial evaluation officer for a financial evaluation.
   (C) The likelihood that the person shall be able to obtain
employment within a six-month period from the date of the hearing or
evaluation, whichever is applicable.
   (D) Any other factor or factors which may bear upon the person's
financial capability to reimburse the county for the costs involved.
   (c) If the court determines that the person has the ability to pay
all or a part of the cost, the court shall set the amount to be
reimbursed and order the person to pay the sum to the county in a
manner in which the court believes reasonable and compatible with the
person's financial ability. Failure of a person who is not in
custody to appear at the evaluation or the hearing after due notice
is sufficient grounds for an order directing the person to pay the
amount of such costs as determined by the court. The order to pay all
or a part of the costs may be enforced in the manner provided for
enforcement of money judgments generally, but may not be enforced by
contempt.
   An order entered pursuant to this subdivision is subject to relief
under Section 473 of the Code of Civil Procedure.
   (d) At any time during the pendency of the judgment rendered
according to the terms of this section, a person against whom a
judgment has been rendered may petition the rendering court to modify
or vacate said judgment on the grounds of a change in circumstances
with regard to the person's ability to pay the judgment. The court
shall advise the person of this right at the time it renders the
judgment.

27756.  Notwithstanding Section 903.4 of the Welfare and
Institutions Code, in any county where the board of supervisors has
designated a county financial evaluation officer, the county
financial evaluation officer shall make financial evaluations of
parental liability for reimbursements and other court-ordered costs
pursuant to Sections 903, 903.1, 903.2, 903.3, and 903.45 of the
Welfare and Institutions Code, as directed by the board of
supervisors, or as established by order of the juvenile court, and
may enforce the court order as any other civil judgment, including
any balance remaining unpaid after jurisdiction of the minor has
terminated.

27757.  (a) Except as otherwise ordered by the juvenile court, a
county financial evaluation officer, upon satisfactory proof, may
reduce, cancel, or remit the costs and charges listed in Sections
903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions
Code, or established by order of the juvenile court.
   (b) The county financial evaluation officer may, following entry
of an order by the juvenile court that a minor person be represented
by the public defender or private attorney or be placed under the
probation supervision of the probation officer or be placed or
detained in, or committed to, a county institution or other place,
make an investigation to determine the moneys, the property, or
interest in property, if any, the minor person has, and whether he or
she has a duly appointed and acting guardian to protect his or her
property interests. The county financial evaluation officer may also
make an investigation to determine whether the minor person has any
relative or relatives responsible under the provisions of this
chapter, and may ascertain the financial condition of that relative
or those relatives to determine whether they are financially able to
pay such charges.
   (c) In any case where a county has expended money for the support
and maintenance of any ward, dependent child or other minor person,
or has furnished support and maintenance, and the court has not made
an order of reimbursement to the county, in whole or in part, as
provided by law, or the court has made and subsequently revoked such
an order, if the ward, dependent child or other minor person or
parent, guardian, or other person liable for the support of the ward,
dependent child or other minor person acquires property, money, or
estate subsequent to the date the juvenile court assumed jurisdiction
over the ward, dependent child or minor person, or subsequent to the
date the order of reimbursement was revoked, the county shall have a
claim for said reimbursement against the ward, dependent child or
other minor person or parent, guardian or other person responsible
for such support and maintenance. Such claim shall be enforced by the
county financial evaluation officer or the local child support
agency, as the case may be.

27758.  Any report of the county financial evaluation officer filed
with the court may be inspected or copied only as follows:
   (a) By any person, from the date judgment is pronounced or
probation granted or, in the case of a report arising out of a
previous arrest, from the date the subsequent accusatory pleading is
filed, to and including 60 days from the date judgment is pronounced
or probation is granted, whichever is earlier.
   (b) By any person, at any time, by order of the court, upon filing
a petition therefor by such person.
   (c) By the general public, if the court upon its own motion orders
that a report or reports shall be open or that the contents of the
report or reports shall be disclosed.
   (d) By any person authorized or required by law to inspect or
receive copies of the report.