California, United States of America
The following excerpt is from People v. Garcia, H039147, H039962 (Cal. App. 2013):
Penal Code "[s]ection 987.8 authorizes the [trial] court to order criminal defendants to pay all or part of the cost of their appointed counsel after the trial court determines the defendant has a present ability to pay." (People v. Lopez (2005) 129 Cal.App.4th 1508, 1537.) The court is authorized to make an ability to pay determination
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only "after notice and a hearing." (Pen. Code, 987.8, subd. (b).) The statute "contains a presumption that those sentenced to prison are unable to pay." (People v. Lopez, supra, at p. 1537.) Accordingly, "before ordering a state prisoner to reimburse his or her attorney," the trial court must make "an express finding of unusual circumstances." (Ibid.; see also Pen. Code, 987.8, subd. (g)(2)(B).)
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