When will a defendant be remanded in custody to determine whether he has the ability to pay the fees imposed by the court?

Here, the trial court did not conduct a hearing to determine defendant's present ability to pay the fees. However, defendant argues a remand to determine his ability to pay would be "no more than an ' "idle gesture" ' [citation]" because he lacks the ability to pay any fees imposed by the court. The People argue that a remand is appropriate given defendant's prior employment as an electrician and the statutory obligation imposed upon him to pay if he has the ability to do so. We respect the spirit of the People's argument but doubt that it would be a sensible use of public funds, in light of the presumption that a defendant sentenced to state prison lacks a "reasonably discernible future financial ability to reimburse the costs of his or her defense" absent a finding of "unusual circumstances." ( 987.8, subd. (g)(2)(B); see People v. Lopez (2005) 129 Cal.App.4th 1508, 1537.) Whatever defendant's earning capacity might have been before his incarceration, it is doubtful that he will be working as an electrician in the near

Page 31