What should I know about court administrative fees?

    Administrative fees generally CANNOT be conditions of probation, because they are NOT intended as punishment.[2163] One exception to this rule is the Criminal Justice Administration Fee (sometimes referred to as the jail booking fee), which CAN be a condition of probation.[2164]
    Most administrative fees are imposed only if you are able to pay them.[2165] Often, these fees can be waived.[2166]
  1. 2163

    People v. Pacheco, 187 Cal. App. 4th 1392, 1402-03 (2010) (collateral, non-punitive fines and fees are not permissible as conditions of probation; court security fee not permissible condition of probation); People v. Hart, 65 Cal. App. 4th 902, 906-07 (1998) (attorneys’ fees and probation costs not permissible conditions of probation); People v. Flores, 169 Cal. App. 4th 568, 578 (2003) (costs of probation supervision, presentence investigation, and attorneys’ fees not permissible conditions of probation).

  2. 2164

    Cal. Gov’t Code §§ 29550(c), 29550.1, 29550.2.

  3. 2165

    See Cal. Gov’t Code §§ 29550(c), (d)(2), 29550.2(a) (criminal justice administration fee requires determination that defendant has ability to pay); Cal. Penal Code §§ 987.8(b), (g)(2) (public defender fee), 1203.1b (probation supervision fee). In some cases, you have the right to a court hearing to determine whether you are able to pay the fee. See, e.g., Cal. Penal Code §§ 987.8 (cost of legal assistance), 1203.1b (cost of probation), 1203.1c (cost of incarceration in local jail), 1203.1e (cost of parole supervision), 1203.1m (cost of imprisonment); cf. Cal Penal Code § 1203.1f (consolidation of ability-to-pay hearings).

  4. 2166

    Cal. Gov’t Code § 68631 et. seq.