Publisher's Note:This Section has been AMENDED by new legislation (Ord. 10672, adopted 6-2-2020). The text of the amendment will be incorporated below when the ordinance is codified.
The following fees and charges shall be paid to the San Diego County Probation Department or the County collection agent.
(a) A program administrative fee not to exceed $59 for enrollment, re-enrollment/out-of-county or out-of-state transfer in the Public Service Work Program pursuant to Section 4024.2(e) of the Penal Code, according to his or her ability to pay.
(b) A fee of $689 charged to public agencies to recover the cost of supervision and supplies to provide Public Service Work Program work crews.
(c) A fee for the cost of services rendered for processing of adult petitions for change of plea or setting aside of a verdict shall be the actual cost of services rendered, not to exceed $150 per case pursuant to Penal Code Sections 1203.4(d). This fee shall be applied to a person whether or not the petition is granted and the records are sealed or expunged. Ability to make this reimbursement shall be determined by the court.
(d) A person who is 26 years of age or older and petitions for an order sealing a record under Penal Code section 1203.45, related to a misdemeanor committed while under the age of eighteen (18) years, may be required to reimburse the county for the actual cost of services rendered, not to exceed $150. This fee shall be applied to a person whether or not the petition is granted and the records are sealed or expunged. Ability to make this reimbursement shall be determined by the court.
(e) Pursuant to Sections 1203.1b and 1203.9(d) of the Penal Code, the Probation Department shall impose fees for adult probationer services, investigation and supervision, according to his or her ability to pay, as follows:
(1) Probation Investigative Charges:
Description | Fee (each) |
(a) Pre-sentence Investigation (General Jurisdiction) | $1,433 |
(b) Pre-sentence Investigation (Limited Jurisdiction) | $793 |
(c) Conditional Sentencing Pre-Plea or Diversion Report | Above rates as appropriate (Same as pre-sentence reports as required) |
(d) Process Investigation for transfer of Jurisdiction under Interstate Compact Agreement | $77 |
(2) Probation Supervision Charges:
Description | Fee |
(a) High Risk Supervision | $176 per month |
(b) Medium Risk Supervision | $67 per month |
(c) Low Risk Supervision | $17 per month |
(d) Interstate Compact Supervision | $38 per month |
(e) Effective November 1, 2001, a polygraph test fee | Effective 11-01-01, $400 maximum |
(f) Continuous Electronic Monitoring Supervision (Pen. Code § 1210.15.) | up to $9 per unit, per day |
(3) In addition to the costs of continuous electronic monitoring supervision under subdivision (e)(2)(f) of this section, an adult probationer who damages or discards his or her electronic device may be charged up to $600 for equipment replacement costs.
(4) Related Administrative Fees: Under Penal Code section 1203.1b(h), the County shall collect a fee of $75 to cover the administrative and clerical costs of processing of payment made in installments to the Probation Department pursuant to Penal Code section 1203.1b.
(f) Pursuant to Penal Code section 1210.1(a), in addition to any fine assessed under other provisions of law, the trial judge may require an adult convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of his or her own placement in a drug treatment program of up to $79 per month.
(g) If the court orders restitution to be made to the victim, a fee to cover the actual administrative cost of collection, but not to exceed 15% of the total restitution ordered, shall be added to the restitution fine ordered pursuant to Penal Code Section 1203.1(l).
(h) A fee to cover the actual administrative cost of collecting the restitution fine ordered pursuant to Section 1202.4(l) of the Penal Code, not to exceed 10% of the amount ordered to be paid, shall be added to the restitution fine and included in the order of the court.
(i) A fee of up to $250 each year for administering the approval and annual renewal process of Batterers Diversion Programs as required by Penal Code Section 1203.097(c)(5)(B).
(j) A fee not to exceed $30 to cover the cost of collection of fines payable in installment/non-installment pursuant to Penal Code Section 1205(e).
(k) A fee of $42 to cover the application and administrative costs of work furlough program services pursuant to Penal Code sections 1208 and 1208.2. This fee shall only apply to adults over 21 years of age and under the jurisdiction of the criminal court.
(l) A fee up to $5 per month for OffenderLink services.
(Added by Ord. No. 6804 (N.S.), effective 8-2-84; amended by Ord. No. 6942 (N.S.), effective 5-16-85; amended by Ord. No. 7143 (N.S.), effective 6-26-86; amended by Ord. No. 7376 (N.S.), effective 10-22-87; amended by Ord. No. 7896 (N.S.), effective 5-23-91; amended by Ord. No. 8414 (N.S.), effective 7-21-94; amended by Ord. No. 8519 (N.S.), effective 5-4-95; amended by Ord. No. 8774 (N.S.), effective 5-8-97; amended by Ord. No. 9076, effective 10-14-99; amended by Ord. No. 9557 (N.S.), effective 6-20-03; amended by Ord. No. 9788 (N.S.), effective 7-20-06; amended by Ord. No. 9877 (N.S.), effective 8-30-07; amended by Ord. No. 9927 (N.S.), effective 4-24-08; amended by Ord. No. 10070 (N.S.), effective 10-14-10; amended by Ord. No. 10349 (N.S.), effective 9-4-14; amended by Ord. No. 10669 (N.S.), effective 5-19-20)