California, United States of America
The following excerpt is from People v. Betts, H037576 (Cal. App. 2012):
1. There is good reason for making the distinction between defendants sentenced to prison and those granted probation. Defendants found to be ineligible for probation have generally been convicted of more serious crimes or have more extensive criminal histories than those eligible for probation. For defendants sentenced to state prison, an ability-to-pay determination is usually irrelevant; if they cannot pay at the time they are sentenced, they can work off the fee while in custody. (See People v. Frye (1994) 21 Cal.App.4th 1483, 1486-1487.) On the other hand, defendants who are eligible for probation are being granted conditional release partly to aid in their rehabilitation and partly because they are considered less dangerous to the public. (People v. Olguin (2008) 45 Cal.4th 375, 379.) These goals would not be best served if a probationer were burdened by costs beyond his or her ability to pay themit would not help a probationer's rehabilitation if a probationer felt impelled to commit another crime in order to get the money to pay a booking fee.
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