Notice of Changes to Certain Criminal Administrative Fees and Charges – Implementation of Assembly Bill 177
Effective January 1, 2022
On January 1, 2022, local agencies are no longer authorized to assess and collect specified criminal administrative fees and/or costs beginning January 1, 2022. Under the new state law, individuals involved in California’s criminal legal system cannot be charged the following fees:
- Felony diversion program enrollment fees (Cal. Penal Code § 1001.15)
- Misdemeanor diversion program enrollment fees (Cal. Penal Code § 1001.16)
- Administrative fee to cover collection costs of a diversion restitution fine (Cal. Penal Code § 1001.90)
- Administrative fee to cover collection costs of a restitution fine (Cal. Penal Code § 1202.4)
- Administrative fee related to collection of victim restitution ordered as a condition of probation (Cal. Penal Code § 1203.1, subd. (l))
- Fee related to cost of drug testing ordered as condition of probation (Cal. Penal Code § 1203.1ab)
- Fee to cover costs of incarceration in county jail, city jail, or local detention facility (Cal. Penal Code § 1203.1c)
- Application fee for petition of dismissal of misdemeanor or infraction after 1 year (Cal. Penal Code § 1203.4a)
- Additional local fees imposed by the receiving court or county probation after an individual’s probation or mandatory supervision is transferred to a different county (Cal. Penal Code § 1203.9)
- Administrative fee imposed by a receiving county for collections performed for a transferring county (Cal. Penal Code § 1203.9)
- Administrative fees for the processing of installment and non-installment accounts (Cal. Penal Code § 1205(e))
- Collection of interest on unpaid restitution when restitution imposed as a condition of probation (Cal. Penal Code § 1214.5) Note: this only affects the method of calculation; it does not eliminate the court’s ability to order interest for restitution owed.
- Administrative screening fee when individual released on own recognizance and citation processing fee (Cal. Penal Code § 1463.07; effective September 23, 2021)
- Administrative fee to cover the cost of collecting restitution fines and orders from people incarcerated in state prison or county jail pursuant to sec. 1170, subd. (h), and parolees (Cal. Penal Code § 2085.5)
- Administrative fee imposed by county on individuals subject to post release community supervision or mandatory supervision to cover costs of collecting restitution fines and orders. (Cal. Penal Code § 2085.6)
- Administrative fee related to collection of restitution fine and orders from individuals released from county jail after completion of term pursuant to sec. 1170, subd. (h)(5)(A) (Cal. Penal Code § 2085.7)
- Assessment on individuals who fail to appear following arrest for a violation of the Vehicle Code or local traffic ordinance (Cal. Vehicle Code § 40508.5)
- Collection of processing fee on installment accounts related to Vehicle Code infractions (Cal. Vehicle Code § 40510.5)
In addition, AB 177 requires the elimination of all outstanding debt incurred as a result of fees assessed prior to January 1, 2022. Individuals may still be charged for restitution, restitution fines, and other designated fines.
If you have questions about a bill or letter you have received from the County concerning your case, please contact your attorney or the County department that sent the bill or letter. For questions related to a bill you received from the Office of Revenue and Recovery, please call at 619-515-6200 and have your account number ready.