People v. Washington

A defendant on felony probation absconded from supervision and fled to Alabama. A bench warrant was issued for his arrest. He was arrested in Alabama and extradited to California. The costs of extradition totaled $5,603.49. Defendant admitted he was in violation of probation for desertion of probation supervision. The trial court revoked probation, but reinstated it on certain additional conditions. The trial court also ordered defendant to pay the costs of extradition. Defendant appeals, challenging the order requiring payment of the costs of extradition as statutorily unauthorized. We conclude the trial court was authorized to order payment of the costs of extradition as a “reasonable cost of any probation supervision” within the meaning of Penal Code section 1203.1b, subdivision (a). We affirm.

Facts and Procedural Background

On January 6, 2000, defendant and appellant Brian Washington pleaded nolo contendere to sexual intercourse with a minor (Pen. Code, § 261.5, subd. (c)). The trial court placed defendant on probation with credit for time served. Defendant never reported to probation and was arrested for felony assault in violation of Penal Code section 245,…

I respectfully dissent. “[G]eneral costs of prosecuting and rehabilitating criminals” are not recoverable absent express statutory authority to the contrary. (People v. Baker (1974) 39 Cal.App.3d 550, 559-560 [ 113 Cal.Rptr. 248 ] (Baker) [power to require reimbursement to the state for costs of prosecution and of probation supervision is a function of statute]; People v. Burnett (1978) 86 Cal.App.3d 320 [ 150 Cal.Rptr. 126 ] (Burnett) [extradition costs are general costs of prosecuting and rehabilitating criminals]; People v. Rugamas (2001) 93 Cal.App.4th 518, 523 [ 113 Cal.Rptr.2d 271 ] [citing Baker for proposition that government is entitled to restitution only if it has incurred actual loss due to the crime, “excluding those general costs of prosecuting and rehabilitating criminals”].) Penal Code section 1203.1b, subdivision (a), 1 constitutes an express statutory authority provided for in Baker . Section 1203.1b, subdivision (a), allows a court to require a probationer to pay certain expenses, including the reasonable “cost” of “probation supervision” and the costs of conducting presentence or preplea investigations and preparing presentence or preplea reports—which…

A defendant on felony probation absconded from supervision and fled to Alabama. A bench warrant was issued for his arrest. He was arrested in Alabama and extradited to California. The costs of extradition totaled $5,603.49. Defendant admitted he was in violation of probation for desertion of probation supervision. The trial court revoked probation, but reinstated it on certain additional conditions. The trial court also ordered defendant to pay the costs of extradition. Defendant appeals, challenging the order requiring payment of the costs of extradition as statutorily unauthorized. We conclude the trial court was authorized to order payment of the costs of extradition as a "reasonable cost of any probation supervision" within the meaning of Penal Code section 1203.1b, subdivision (a). We affirm.

On January 6, 2000, defendant and appellant Brian Washington pleaded nolo contendere to sexual intercourse with a minor (Pen.Code, § 261.5, subd. (c)). The trial court placed defendant on probation with credit for time served. Defendant never reported to probation and was arrested for felony assault in violation of Penal Code section 245, subdivision (a)(1). On March 1,…