Domestic violence: probation: fee.

Existing law requires, if a person is granted probation for a domestic violence crime, that the terms of the probation include a minimum period of probation of 36 months, a criminal court protective order protecting the victim from further acts of violence or harassment, and a minimum payment by the defendant of $400 for state and local domestic violence programs, among other things. Existing law specifies that the court may reduce or waive the $400 fee if, after a hearing, the court finds that the defendant does not have the ability to pay. This bill would increase the fee from $400 to $500. The bill would, if the court finds that the defendant does not have the ability to pay, require the court to state on the record the reason for reducing or waiving the fee. This bill would incorporate additional changes in Section 1203.097 of the Penal Code, proposed by AB 1165, to be operative only if AB 1165 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.