paid position privilege in California

2020We therefore conclude, as we did in Jones, that Cervantes’s ability to pay the total amount imposed with prison wages “forecloses a meritorious inability to pay argument.” (Jones, supra, 36 Cal.App.5th at p. 1035 .) III DISPOSITION We direct the trial court to correct the July 20, 2018 sentencing minute order to reflect that it did not impose an enhancement or a stay on count 1 or a section 1203.1c presentence confinement fee.

2020(People v. Taylor, supra, 43 Cal.App.5th at p. 402.) “Every able-bodied person . . . is obligated to work.” (Cal. Code Regs., tit. 15, § 3040, subd. (a); § 2700.) A prisoner’s assignment “to a paid position is a privilege dependent on available funding, job performance, seniority and conduct.” (Cal. Code Regs., tit. 15, § 3040, subd. (k); accord, People v. Rodriguez (2019) 34 Cal.App.5th 641, 649 .) Prison wages range from $12 to $56 per month, depending on the job and skill level involved. 19 (Cal. Code Regs., tit. 15, § 3041.2, subd. (a)(1); People v. Cervantes (2020) 46 Cal.App.5th 213 , 22

2019(See 8 People v. Douglas (1995) 39 Cal.App.4th 1385, 1397 [an incarcerated defendant who has the ability to pay a restitution fine from prison wages may still lack the ability to pay § 987.8 attorney’s fees]; § 2700 [able-bodied prisoners required to work]; but see 15 Cal. Code Regs. § 3040, subds. (a) [work includes unpaid labor, education, and other programs], (k) [“An inmate’s assignment to a paid position is a privilege dependent on available funding, job performance, seniority, and conduct.”].) Moreover, if defendant has secured a paying job, it is unlikely that he has accumulated enough

2019(See *649 People v. Douglas (1995) 39 Cal.App.4th 1385 , 1397, 46 Cal.Rptr.2d 534 [an incarcerated defendant who has the ability to pay a restitution fine from prison wages may still lack the ability to pay § 987.8 attorney's fees]; § 2700 [able-bodied prisoners required to work]; but see 15 Cal. Code Regs. § 3040, subds. (a) [work includes unpaid labor, education, and other programs], (k) ["An inmate's assignment to a paid position is a privilege dependent on available funding, job performance, seniority, and conduct."].) Moreover, if defendant has secured a paying job, it is unlikely that he

2025These factors shall be criteria considered in determining an incarcerated person’s eligibility for pay earning status and rate of pay.”]; see In re Player (2007) 146 Cal.App.4th 813, 824 [“The available programs for work and education vary from prison to prison.”], disapproved on other grounds in In re Jenkins (2010) 50 Cal.4th 1167, 1182 .) Courts should not indulge speculative or unrealistic notions of future wage-earning opportunities when assessing a defendant’s ability to pay fines or fees.

2025These factors shall be criteria considered in determining an incarcerated person’s eligibility for pay earning status and rate of pay.”]; see In re Player (2007) 146 Cal.App.4th 813, 824 [“The available programs for work and education vary from prison to prison.”], disapproved on other grounds in In re Jenkins (2010) 50 Cal.4th 1167, 1182 .) Courts should not indulge speculative or unrealistic notions of future wage-earning opportunities when assessing a defendant’s ability to pay fines or fees.

2021(See, e.g., § 1202.4, subd. (d) [“Consideration of a defendant’s inability to pay may include his or her future earning capacity.”]) In addition, it is not apparent on this record that defendant will have no other future sources of money, such as gifts, while in prison (cf. People v. Potts (2019) 6 Cal.5th 1012, 1055 [capital defendant had represented that “his only source of income was the small gifts he occasionally received”], 1057, fn. 13), some of which could be 40 applied toward the restitution fine.

2020(People v. Taylor, supra, 43 Cal.App.5th at p. 402.) “Every able-bodied person . . . is obligated to work.” (Cal. Code Regs., tit. 15, § 3040, subd. (a); § 2700.) A prisoner’s assignment “to a paid position is a privilege dependent on available funding, job performance, seniority and conduct.” (Cal. Code Regs., tit. 15, § 3040, subd. (k); accord, People v. Rodriguez (2019) 34 Cal.App.5th 641, 649 .) Prison wages range from $12 to $56 per month, depending on the job and skill level involved. 19 (Cal. Code Regs., tit. 15, § 3041.2, subd. (a)(1); People v. Cervantes (2020) 46 Cal.App.5th 213 , 22

2020(People v. Taylor, supra, 43 Cal.App.5th at p. 402.) “Every able-bodied person . . . is obligated to work.” (Cal. Code Regs., tit. 15, § 3040, subd. (a); § 2700.) A prisoner’s assignment “to a paid position is a privilege dependent on available funding, job performance, seniority and conduct.” (Cal. Code Regs., tit. 15, § 3040, subd. (k); accord, People v. Rodriguez (2019) 34 Cal.App.5th 641, 649 .) Prison wages range from $12 to $56 per month, depending on the job and skill level involved. 19 (Cal. Code Regs., tit. 15, § 3041.2, subd. (a)(1); People v. Cervantes (2020) 46 Cal.App.5th 213 , 22

2020(People v. Taylor, supra, 43 Cal.App.5th at p. 402.) “Every able-bodied person . . . is obligated to work.” (Cal. Code Regs., tit. 15, § 3040, subd. (a); § 2700.) A prisoner’s assignment “to a paid position is a privilege dependent on available funding, job performance, seniority and conduct.” (Cal. Code Regs., tit. 15, § 3040, subd. (k); accord, People v. Rodriguez (2019) 34 Cal.App.5th 641, 649 .) Prison wages range from $12 to $56 per month, depending on the job and skill level involved. 19 (Cal. Code Regs., tit. 15, § 3041.2, subd. (a)(1); People v. Cervantes (2020) 46 Cal.App.5th 213 , 22