AB 1186: Restitution fines.

(1)Existing law requires a court, when a defendant is convicted of a crime, to order the defendant to pay restitution to the victim or victims, and to additionally pay a restitution fine to be deposited in the Restitution Fund. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund.

This bill would make the outstanding balance of any restitution fines, including any collection fees, unenforceable and uncollectible 10 years after the date of imposition of an order for a restitution fine.

(2)Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court. Existing law generally requires that the minor pay a restitution fine to be deposited into the Restitution Fund and restitution to any victim of the minors conduct, as specified.

The bill would remove the requirement that a minor adjudged to be a ward of the court pay a restitution fine and would make the outstanding balance of any restitution fines, including any collection fees, unenforceable and uncollectible 10 years after the date of imposition of a restitution fine. The bill would make additional conforming changes.

(3)Existing law requires the juvenile court, when issuing the order of restitution, to identify on the court order, any co-offenders who are jointly and severally liable for victim restitution.

The bill would require, for the purposes of victim restitution, that each minor be held severally liable, as specified, and would prohibit a minor from being held jointly and severally liable as co-offenders. The bill would prohibit the aggregate amount of apportioned liability for all minors involved from exceeding 100% in total.

(4)Existing law establishes the distribution of trust funds of a ward committed to the Division of Juvenile Justice, including payment of restitution orders and restitution fines. Under existing law, the Division of Juvenile Justice closed on June 30, 2023.

This bill would repeal these provisions.