A. In any case in which a defendant is convicted of an offense and granted probation, the court, taking into account any amount which the defendant is ordered to pay in fines, assessments and restitution, shall make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of probation, and of conducting the pre-sentence investigation and preparing the pre-sentence report made pursuant to Penal Code Section 1203. The reasonable cost of these services and of probation shall not exceed the amount determined to be the actual average cost thereof.
B. The court shall order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of such costs. At a hearing, the defendant shall be entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, and shall be entitled to disclosure of any evidence against the defendant and a written statement of the findings of the court or the county officer.
C. If the court determines that the defendant has the ability to pay all or part of the costs, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner which the court believes reasonable and compatible with the defendant’s financial ability; or with the consent of the defendant, the court shall order the probation officer to set the maximum amount of payment, which shall not exceed the maximum amount set by the court, and the manner in which the payment shall be made to the county. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution. The Court may hold additional hearings during the probationary period.
D. If practicable, the court or the probation officer shall order payments to be made on a monthly basis. Execution may be issued on the order in the same manner as the judgment in a civil action. The order to pay all or part of the costs shall not be enforced by contempt.
E. A payment schedule for reimbursement of the costs of pre-sentence investigation based on income shall be developed by the probation department and shall be approved by the presiding judge of the Superior Court and the judge of each Justice Court. (Ord. 546 § 1(part), 1992).

“Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of conducting the pre-sentence investigation, preparing the pre-sentence report, and probation, and includes, but is not limited to, the defendant’s:
A. Present financial position;
B. Reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position;
C. Likelihood that the defendant shall be able to obtain employment within the six-month period from the date of the hearing;
D. Any other factor or factors which may bear upon the defendant’s financial capability to reimburse the county for the costs. (Ord. 546 § 1(part), 1992).

At any time during the pendency of the judgment rendered according to the terms of Section 1203.1b of the Penal Code, a defendant against whom a judgment has been rendered may petition the court to modify or vacate its previous judgment on the grounds of a change of circumstances with regard to the defendant’s ability to pay the judgment. The court shall advise the defendant of this right at the time of rendering of the judgment. (Ord. 546 § 1(part), 1992).

All sums paid by the defendant pursuant to Penal Code Section 1203.1b and this chapter shall be allocated for the operating expenses of the county probation department. (Ord. 546 § 1(part), 1992).

The county probation officer or his designate shall determine the actual average cost of probation and of conducting the pre-sentence investigation and preparing the pre-sentence report made pursuant to Penal Code Section 1203.
A. The formula for determining actual average cost of probation services shall be the total budget allocation for probation and wards of court multiplied by the percentage of line officers who directly provide supervision services or alternate sentence supervision, as appropriate. That figure will then be divided by twelve to arrive at a total monthly cost and further divided by the number of cases attributed to the type of sentence supervision, to arrive at an average case-per-month cost.
B. The actual average cost for investigative services shall be determined by the following formula: the total budget allocation for probation and wards shall be multiplied by the percentage of line officers who directly provide investigative services. That figure is divided by twelve to establish a per-officer average monthly amount. This figure is then divided by one hundred seventy-six to arrive at the average hourly cost for investigative services. The per-case average cost will be determined by multiplying the average hourly cost times the average number of hours attributable to the type of investigation as follows:

(Ord. 546 § 1(part), 1992).