What are the procedural requirements for an order requiring a state prisoner to pay attorney fees?

California, United States of America


The following excerpt is from People v. Dobbs, C074255 (Cal. App. 2014):

The statute sets forth procedural requirements for the statutory imposition of attorney fees. The court is to make an ability-to-pay determination only after affording defendant notice and a hearing. ( 987.8, subd. (b).) The court must make an express finding of unusual circumstances before ordering a state prisoner to reimburse his attorney. (People v. Lopez (2005) 129 Cal.App.4th 1508, 1537.) Here, there was no compliance with either of these procedural requirements.

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