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Name: People v. Eddards
Case #: C054656
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2008

The administrative fee added to tne restitution order was unauthorized. Appellant was ordered to make restitution to the State Restitution Fund in the amount of $1055.62, plus a 10 percent administrative fee pursuant to section 1203.1, subdivision (b). On appeal, he contended that the administration fee added to the restitution award was unauthorized and had to be stricken. The appellate court agreed, and ordered the fee stricken. Section 1203.1 allows the addition of an administrative fee if the restitution is ordered to be paid to the victim. But, section 1203.1 does not say the fee may be added if the restitution is to be made to the restitution fund, as opposed to the victim.