If a court elects to make available any of the procedures in Section 40283, the following shall apply to determinations made under those procedures:

(a) The defendant shall have the burden of establishing that he or she does not have the ability to pay. Pilot courts shall establish criteria for the determination of an inability to pay, and in doing so shall consider factors including, at a minimum:

(1) Receipt of any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code.

(2) A monthly income of 125 percent or less of the current poverty guidelines, as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to Section 9902 of Title 42 of the United States Code.

(b) The court shall have the discretion to make an order consistent with the defendant’s present and reasonably discernible future financial circumstances.

(c) Except as provided for in subdivision (c) of Section 40282, the court is not required to make express findings as to the factors bearing on the determination or the amount it orders payable by the defendant.

(d) After an initial ability-to-pay determination, a defendant may make additional ability-to-pay requests only if all or a portion of the amount the court ordered payable by the defendant remains unpaid and the defendant can show a change in financial circumstances regarding his or her ability to pay.

(Added by Stats. 2018, Ch. 45, Sec. 19. (SB 847) Effective June 27, 2018. Inoperative June 30, 2022 Repealed as of January 1, 2023, pursuant to Section 40288)