Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply: (a) The court shall enter a separate order for income deduction upon determination of the defendantâs ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendantâs ability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. (b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2). (2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f). (c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendantâs obligation. (d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court. (e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following: (1) All fees or interest that will be imposed. (2) The total amount of income to be deducted for each pay period. (3) That the income deduction order applies to current and subsequent payers and periods of employment. (4) That a copy of the income deduction order will be served on the defendantâs payer or payers. (5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed. (6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendantâs address, payers, and the addresses of his or her payers. (7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f). (f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendantâs payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order. (2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action. (B) Service upon the defendantâs payer or successor payer under this section shall be made by prepaid certified mail
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