Which types of court-ordered debt are likely to be conditions of my probation?

Restitution—Making restitution payments will almost ALWAYS be a condition of your probation.[2182]

Other Fines & Penalties—Some other fines and penalties may also be conditions of your probation. However, each type of fine and fee is different, so you will need to check your specific sentencing order to see which payments are conditions of your probation.

Fines and fees that are always (or almost always) conditions of your probation:

    Victim restitution +10% interest;[2183]
    Restitution fine +10% administrative fee;
    Fine and penalty assessment (amount based on your conviction offense);
    Criminal Justice Administration Fee (jail booking fee).[2184]

Fines that may be conditions of your probation, depending on your conviction offense:

    Domestic Violence Fund Payment;[2185]
    Alcohol Abuse Education & Prevention Penalty Assessment;[2186]
    Emergency Response Cost Restitution;[2187]
    Hate Crime Restitution;[2188]
    Abduction Restitution.[2189]

Administrative Fees—In general, administrative fees CANNOT be conditions of probation.[2190] This includes things like court security fees, probation supervision costs, and attorney fees.[2191] However, 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.[2192]

IMPORTANT: These are only examples. YOU SHOULD CHECK YOUR SENTENCING ORDER TO SEE WHICH FINES AND FEES ARE CONDITIONS OF YOUR PROBATION.

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  1. 2182

    Cal. Penal Code § 1202.4(m), (n) (general restitution payments are a mandatory condition of probation).

  2. 2183

    Cal. Penal Code § 1214.5.

  3. 2184

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

  4. 2185

    Cal. Penal Code §§ 273.5, 1203.097.

  5. 2186

    Cal. Veh. Code § 23645.

  6. 2187

    Cal. Penal Code §§ 1203.1(e).

  7. 2188

    Cal. Penal Code § 422.85.

  8. 2189

    Cal. Penal Code § 278.6.

  9. 2190

    See 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).

  10. 2191

    Cal. Penal Code §§ 1465.8 (court security fee), 1203.1b (probation supervision fee, probation report costs), 987.8 (attorney fees and presentence investigation costs); see also Cal. Penal Code § 1463.07 (administrative screening fee); Cal. Veh. Code § 23645 (alcohol abuse education fee).

  11. 2192

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