People v. Turner CA5

DISCUSSION

Turner contends the trial court was not authorized under section 1205, subdivision (d) to impose multiple fees in excess of $30. Former section 1205, subdivision (d) (now subdivision (e)) (hereinafter referred to as subdivision (e)), authorizes the $30 fee to cover the clerical and administrative costs required to process a defendant’s fine payments. Subdivision (e) provides in part:

“The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending 3 on which entity administers the account, except that the fee shall not exceed thirty dollars ($30).” The parties agree the trial court erred when it imposed $45 fees. We concur and will…