When will a court order a defendant to work to pay their attorney fees?

In addition, there was a rational basis for the distinction between felons sentenced to serve their sentences in state prison, and realignment felons sentenced to serve their sentences in a county jail. The Realignment Act permits a trial court to order that the defendant serve the full term of imprisonment in custody, or the court may impose a split sentence, where a defendant may serve part of the prison term in custody, and part of the term out of custody under mandatory supervision, similar to release on probation. The possibility of release from custody under mandatory supervision could allow a realignment felony defendant to work and earn money with which to pay an order to reimburse attorney fees. The difference in earning potential provided a reasonable basis for not presuming that realignment defendants sentenced to county jail were unable to pay court-ordered attorney fees. (People v. Prescott, supra,213 Cal.App.4th 1473, 1478, 153 Cal.Rptr.3d 424.) In other words, the two classes of felony defendants

[194 Cal.Rptr.3d 291]

were not similarly situated with respect to earning capability.