People v. Milkovits CA4/1

DISCUSSION

Milkovits contends, and the People concede, that any portion of Milkovits’s criminal justice administration fee unpaid as of July 1, 2021, and any remaining restitution collection fee must be vacated. We agree.

1 As required by Penal Code section 1237.2, Milkovits moved the trial court to delete the balance due on the criminal justice administration and restitution collection fees. (See Pen. Code, § 1237.2 [appeal based on erroneous fees may not be taken until defendant makes a motion in writing for correction in the trial court].) Because the court found it lacked jurisdiction to delete the fees, it denied the motion. 2 As of July 1, 2021, the statutory provision pursuant to which the court previously ordered Milkovits to pay the criminal justice administration fee was repealed (see former Gov. Code, § 29550.1), and Government Code section 6111 became effective. That statute provides “the unpaid balance of any court-imposed costs pursuant to . . . Section[] 29550.1 . . . as th[at] section[] read[s] on June 30, 2021, is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.” (Gov. Code, § 6111, subd. (a).) Similarly,…