People v. Staley

Opinion

SCOTLAND, J.

A person who is convicted of Health and Safety Code offenses involving controlled substances shall be ordered to pay a drug program fee of up to $100 for each separate offense if the trial court determines the person has the “ability to pay” the fee. (Health & Saf. Code, § 11372.7.)

We conclude that “ability to pay” a drug program fee does not require existing employment or cash on hand. Rather, a determination of ability to pay may be made based on the person’s ability to earn where the person has no physical, mental or emotional impediment which precludes the person from…