Just wondering if anyone has already dealt with this issue under the new law where the state now has the burden to prove the defendant's ability to pay in a revocation hearing. Any suggestions?

Revoke for something other than failure to pay. That's why they made it harder.

While I agree with JB, you might look at your POs file, our county has the probationer fill out a info sheet for each visit and it contains lots of good stuff, including current employer (if any). Most of our POs take really good notes of the visits too and put them in their chronos.

If $$ revos are something you want to do regularly, I would suggest that you get with your probation department and either create or revise a monthly report sheet to fit what you need.

Well, not under the new law, but way back in misdemeanor days, under the old law if D raised the issue of inability to pay, then the burden shifted to the state. I used to subpoena employer pay records, and generally D would take the stand in his case and we would detail his budget, bills, etc. In most cases, there was always several hundred dollars left over.

Stacey's advice is great.