AB 662: Restitution: tracking.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-08-29
Existing law allows an agency designated by the board of supervisors in a county where an inmate is incarcerated to deduct 20% to 50% of the county jail equivalent of wages and trust account deposits of the inmate in order to satisfy his or her restitution order.
Existing law imposes a continuing obligation on a person released from prison or a county jail facility who is subject to postrelease community supervision or mandatory supervision to pay his or her restitution order in full. Existing law allows the county board of supervisors in the county where the prisoner is released to elect to collect the restitution order in a manner to be established by the county board of supervisors.
Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. Existing law allows the plan to include recommendations to maximize the effective investment of criminal justice resources in evidence-based correction sanctions and programming, including specifically, among other things, victim restitution programs.
This bill would require a county agency or department administering the collection of restitution in the above circumstances to track restitution payments and send monthly notices to the individual responsible for paying restitution and quarterly statements to the victim, if victim contact information is available, detailing the payment status of the restitution order. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law allows an agency designated by the board of supervisors in a county where an inmate is incarcerated to deduct 20% to 50% of the county jail equivalent of wages and trust account deposits of the inmate in order to satisfy his or her restitution order.
Existing law imposes a continuing obligation on a person released from prison or a county jail facility who is subject to postrelease community supervision or mandatory supervision to pay his or her restitution order in full. Existing law allows the county board of supervisors in the county where the prisoner is released to elect to collect the restitution order in a manner to be established by the county board of supervisors.
Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. Existing law allows the plan to include recommendations to maximize the effective investment of criminal justice resources in evidence-based correction sanctions and programming, including specifically, among other things, victim restitution programs.
This bill would require the collecting agency a county agency or department administering the collection of restitution in the above circumstances to track restitution payments and send monthly notices to the individual responsible for paying restitution and quarterly statements to the victim, if victim contact information is available, detailing the payment status of the restitution order. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law allows an agency designated by the board of supervisors in a county where an inmate is incarcerated to deduct 20% to 50% of the county jail equivalent of wages and trust account deposits of the inmate in order to satisfy his or her restitution order.
Existing law imposes a continuing obligation on a person released from prison or a county jail facility who is subject to postrelease community supervision or mandatory supervision to pay his or her restitution order in full. Existing law allows the county board of supervisors in the county where the prisoner is released to elect to collect the restitution order in a manner to be established by the county board of supervisors.
Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. Existing law allows the plan to include recommendations to maximize the effective investment of criminal justice resources in evidence-based correction sanctions and programming, including specifically, among other things, victim restitution programs.
This bill would require the collecting agency in the above circumstances to track restitution payments and send monthly notices to the individual responsible for paying restitution and quarterly statements to the victim victim, if victim contact information is available, detailing the payment status of the restitution order. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law allows an agency designated by the board of supervisors in a county where an inmate is incarcerated to deduct 20% to 50% of the county jail equivalent of wages and trust account deposits of the inmate in order to satisfy his or her restitution order.
Existing law imposes a continuing obligation on a person released from prison or a county jail facility who is subject to postrelease community supervision or mandatory supervision to pay his or her restitution order in full. Existing law allows the county board of supervisors in the county where the prisoner is released to elect to collect the restitution order in a manner to be established by the county board of supervisors.
Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. Existing law allows the plan to include recommendations to maximize the effective investment of criminal justice resources in evidence-based correction sanctions and programming, including specifically, among other things, victim restitution programs.
This bill would, if the local plan includes victim restitution programs, require the restitution to be tracked by the sheriffs department if the person owing restitution is incarcerated or the probation department if the person owing restitution is on supervised release. The bill would require the tracking program to include monthly notices and notice by a collections agency if restitution is not paid per the restitution order. The bill would also require quarterly statements to be sent to a victim to whom restitution is owed. The bill would authorize the county to use a portion of its Local Revenue Fund 2011 funds to manage the restitution program and to set up a tracking and collection program. By imposing new duties on local sheriff and probation departments, this bill would impose a state-mandated local program.This bill would require the collecting agency in the above circumstances to track restitution payments and send monthly notices to the individual responsible for paying restitution and quarterly statements to the victim detailing the payment status of the restitution order. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law allows an agency designated by the board of supervisors in a county where an inmate is incarcerated to deduct 20% to 50% of the county jail equivalent of wages and trust account deposits of the inmate in order to satisfy his or her restitution order.
Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. Existing law allows the plan to include recommendations to maximize the effective investment of criminal justice resources in evidence-based correction sanctions and programming, including specifically, among other things, victim restitution programs.
This bill would, if the local plan includes victim restitution programs, require the restitution to be tracked by the sheriffs department if the person owing restitution is incarcerated or the probation department if the person owing restitution is on supervised release. The bill would require the tracking program to include monthly notices, garnishment, notices and notice by a collections agency. agency if restitution is not paid per the restitution order. The bill would also require quarterly statements to be sent to a victim to whom restitution is owed. The bill would authorize the county to use a portion of its Local Revenue Fund 2011 funds to manage the restitution program and to set up a tracking and collection program. By imposing new duties on local sheriff and probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law allows an agency designated by the board of supervisors in a county where an inmate is incarcerated to deduct 20% to 50% of the county jail equivalent of wages and trust account deposits of the inmate in order to satisfy his or her restitution order.
Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. Existing law allows the plan to include recommendations to maximize the effective investment of criminal justice resources in evidence-based correction sanctions and programming, including specifically, among other things, victim restitution programs.
This bill would, if the local plan includes victim restitution programs, require the restitution to be tracked by the sheriffs department if the person owing restitution is incarcerated or the probation department if the person owing restitution is on supervised release. The bill would require the tracking program to include monthly notices, garnishment, and notice by a collections agency. The bill would also require quarterly statements to be sent to a victim to whom restitution is owed. The bill would authorize the county to use a portion of its Local Revenue Fund 2011 funds to manage the restitution program and to set up a tracking and collection program. By imposing new duties on local sheriff and probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)If a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(b)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in a county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(2)If the board of supervisors designates the county sheriff as the collecting agency, the board of supervisors shall first obtain the concurrence of the county sheriff.
(c)If a prisoner owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law. The secretary shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. The sentencing court shall be provided a record of the payments made to victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(d)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in the county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law. The agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or may pay the victim directly. The sentencing court shall be provided a record of the payments made to the victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(2)The collecting agency shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim, if victim contact information is available, detailing the payment status of the restitution order.
(e)Except as provided in Section 2085.8, the secretary shall deduct and retain from the wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the amount collected pursuant to subdivision (a) or (c). The secretary shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the department. The secretary, at his or her discretion, may retain any excess funds in the special deposit account for future reimbursement of the departments administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(f)Except as provided in Section 2085.8, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in a county where the prisoner is incarcerated may deduct and retain from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected, pursuant to subdivision (b) or (d). The agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the agency. The agency may retain any excess funds in the special deposit account for future reimbursement of the agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(g)In any case in which a parolee owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect from the parolee any moneys owing on the restitution fine amount, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(h)In any case in which a parolee owes a direct order of restitution, imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or paragraph (3) of subdivision (a) of Section 1202.4, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated or a local collection program may collect from the parolee any moneys owing, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or the agency may pay the victim directly. The sentencing court shall be provided a record of the payments made by the offender pursuant to this subdivision.
(i)Except as provided in Section 2085.8, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may deduct and retain from moneys collected from parolees an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected pursuant to subdivision (g) or (h), unless prohibited by federal law. The secretary or the agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the department or agencys restitution program, as applicable. The secretary, at his or her discretion, or the agency may retain any excess funds in the special deposit account for future reimbursement of the departments or agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(j)If a prisoner has both a restitution fine and a restitution order from the sentencing court, the department shall collect the restitution order first pursuant to subdivision (c).
(k)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and that prisoner has both a restitution fine and a restitution order from the sentencing court, if the agency designated by the board of supervisors in the county where the prisoner is incarcerated collects the fine and order, the agency shall collect the restitution order first pursuant to subdivision (d).
(l)If a parolee has both a restitution fine and a restitution order from the sentencing court, either the department or, if the prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect the restitution order first, pursuant to subdivision (h).
(m)If an inmate is housed at an institution that requires food to be purchased from the institution canteen for unsupervised overnight visits, and if the money for the purchase of this food is received from funds other than the inmates wages, that money shall be exempt from restitution deductions. This exemption shall apply to the actual amount spent on food for the visit up to a maximum of fifty dollars ($50) for visits that include the inmate and one visitor, seventy dollars ($70) for visits that include the inmate and two or three visitors, and eighty dollars ($80) for visits that include the inmate and four or more visitors.
(n)(1)Amounts transferred to the California Victim Compensation Board for payment of direct orders of restitution shall be paid to the victim within 60 days from the date the restitution revenues are received by the California Victim Compensation Board. If the restitution payment to a victim is less than twenty-five dollars ($25), then payment need not be forwarded to that victim until the payment reaches twenty-five dollars ($25) or when the victim requests payment of the lesser amount.
(2)If a victim cannot be located, the restitution revenues received by the California Victim Compensation Board on behalf of the victim shall be held in trust in the Restitution Fund until the end of the state fiscal year subsequent to the state fiscal year in which the funds were deposited or until the time that the victim has provided current address information, whichever occurs sooner. Amounts remaining in trust at the end of the specified period of time shall revert to the Restitution Fund.
(3)(A)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the department, which shall verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the department, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (c) or (h).
(B)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the agency designated by the board of supervisors in the county where the prisoner punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 is incarcerated, which may verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the agency, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (d) or (h).
SEC. 2.Section 2085.6 of the Penal Code is amended to read:2085.6.(a)When a prisoner who owes a restitution fine, or any portion thereof, is subsequently released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution fine in full. The restitution fine obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county where the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund in the State Treasury.
(b)When a prisoner who owes payment for a restitution order, or any portion thereof, is released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution order in full. The restitution order obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the agency designated by the county board of supervisors in the county where the prisoner is released. If the county elects to collect the restitution order, the agency designated by the county board of supervisors for collection shall transfer the collected amount to the California Victim Compensation for deposit in the Restitution Fund in the State Treasury or may pay the victim directly. The sentencing court shall be provided a record of payments made to the victim and of the payments deposited into the Restitution Fund.
(c)Any portion of a restitution order or restitution fine that remains unsatisfied after an individual is released from postrelease community supervision or mandatory supervision shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(d)If collection of restitution is being administered by a county agency or department, the county agency or department shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim, if victim contact information is available, detailing the payment status of the restitution order.
(e)At its discretion, a county board of supervisors may impose a fee upon the individual subject to postrelease community supervision or mandatory supervision to cover the actual administrative cost of collecting the restitution fine and the restitution order, not to exceed 10 percent of the amount collected, the proceeds of which shall be deposited into the general fund of the county.
(f)If a county elects to collect both a restitution fine and a restitution order, the amount owed on the restitution order shall be collected before the restitution fine.
(g)If a county elects to collect restitution fines and restitution orders pursuant to this section, the county shall coordinate efforts with the Franchise Tax Board pursuant to Section 19280 of the Revenue and Taxation Code.
(h)Pursuant to Section 1214, the county agency selected by a county board of supervisors to collect restitution fines and restitution orders may collect restitution fines and restitution orders after an individual is no longer on postrelease community supervision or mandatory supervision or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170.
(i)For purposes of this section, the following definitions shall apply:
(1)Restitution fine means a fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4.
(2)Restitution order means an order for restitution to the victim of a crime imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4.
SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)If a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(b)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in a county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(2)If the board of supervisors designates the county sheriff as the collecting agency, the board of supervisors shall first obtain the concurrence of the county sheriff.
(c)If a prisoner owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law. The secretary shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. The sentencing court shall be provided a record of the payments made to victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(d)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in the county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law. The agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or may pay the victim directly. The sentencing court shall be provided a record of the payments made to the victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(2)The collecting agency shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim, if victim contact information is available, detailing the payment status of the restitution order.
(e)Except as provided in Section 2085.8, the secretary shall deduct and retain from the wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the amount collected pursuant to subdivision (a) or (c). The secretary shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the department. The secretary, at his or her discretion, may retain any excess funds in the special deposit account for future reimbursement of the departments administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(f)Except as provided in Section 2085.8, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in a county where the prisoner is incarcerated may deduct and retain from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected, pursuant to subdivision (b) or (d). The agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the agency. The agency may retain any excess funds in the special deposit account for future reimbursement of the agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(g)In any case in which a parolee owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect from the parolee any moneys owing on the restitution fine amount, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(h)In any case in which a parolee owes a direct order of restitution, imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or paragraph (3) of subdivision (a) of Section 1202.4, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated or a local collection program may collect from the parolee any moneys owing, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or the agency may pay the victim directly. The sentencing court shall be provided a record of the payments made by the offender pursuant to this subdivision.
(i)Except as provided in Section 2085.8, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may deduct and retain from moneys collected from parolees an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected pursuant to subdivision (g) or (h), unless prohibited by federal law. The secretary or the agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the department or agencys restitution program, as applicable. The secretary, at his or her discretion, or the agency may retain any excess funds in the special deposit account for future reimbursement of the departments or agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(j)If a prisoner has both a restitution fine and a restitution order from the sentencing court, the department shall collect the restitution order first pursuant to subdivision (c).
(k)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and that prisoner has both a restitution fine and a restitution order from the sentencing court, if the agency designated by the board of supervisors in the county where the prisoner is incarcerated collects the fine and order, the agency shall collect the restitution order first pursuant to subdivision (d).
(l)If a parolee has both a restitution fine and a restitution order from the sentencing court, either the department or, if the prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect the restitution order first, pursuant to subdivision (h).
(m)If an inmate is housed at an institution that requires food to be purchased from the institution canteen for unsupervised overnight visits, and if the money for the purchase of this food is received from funds other than the inmates wages, that money shall be exempt from restitution deductions. This exemption shall apply to the actual amount spent on food for the visit up to a maximum of fifty dollars ($50) for visits that include the inmate and one visitor, seventy dollars ($70) for visits that include the inmate and two or three visitors, and eighty dollars ($80) for visits that include the inmate and four or more visitors.
(n)(1)Amounts transferred to the California Victim Compensation Board for payment of direct orders of restitution shall be paid to the victim within 60 days from the date the restitution revenues are received by the California Victim Compensation Board. If the restitution payment to a victim is less than twenty-five dollars ($25), then payment need not be forwarded to that victim until the payment reaches twenty-five dollars ($25) or when the victim requests payment of the lesser amount.
(2)If a victim cannot be located, the restitution revenues received by the California Victim Compensation Board on behalf of the victim shall be held in trust in the Restitution Fund until the end of the state fiscal year subsequent to the state fiscal year in which the funds were deposited or until the time that the victim has provided current address information, whichever occurs sooner. Amounts remaining in trust at the end of the specified period of time shall revert to the Restitution Fund.
(3)(A)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the department, which shall verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the department, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (c) or (h).
(B)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the agency designated by the board of supervisors in the county where the prisoner punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 is incarcerated, which may verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the agency, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (d) or (h).
SEC. 2.Section 2085.6 of the Penal Code is amended to read:2085.6.(a)When a prisoner who owes a restitution fine, or any portion thereof, is subsequently released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution fine in full. The restitution fine obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county where the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund in the State Treasury.
(b)When a prisoner who owes payment for a restitution order, or any portion thereof, is released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution order in full. The restitution order obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the agency designated by the county board of supervisors in the county where the prisoner is released. If the county elects to collect the restitution order, the agency designated by the county board of supervisors for collection shall transfer the collected amount to the California Victim Compensation for deposit in the Restitution Fund in the State Treasury or may pay the victim directly. The sentencing court shall be provided a record of payments made to the victim and of the payments deposited into the Restitution Fund.
(c)Any portion of a restitution order or restitution fine that remains unsatisfied after an individual is released from postrelease community supervision or mandatory supervision shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(d)The collecting If collection of restitution is being administered by a county agency or department, the county agency or department shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim, if victim contact information is available, detailing the payment status of the restitution order.
(e)At its discretion, a county board of supervisors may impose a fee upon the individual subject to postrelease community supervision or mandatory supervision to cover the actual administrative cost of collecting the restitution fine and the restitution order, not to exceed 10 percent of the amount collected, the proceeds of which shall be deposited into the general fund of the county.
(f)If a county elects to collect both a restitution fine and a restitution order, the amount owed on the restitution order shall be collected before the restitution fine.
(g)If a county elects to collect restitution fines and restitution orders pursuant to this section, the county shall coordinate efforts with the Franchise Tax Board pursuant to Section 19280 of the Revenue and Taxation Code.
(h)Pursuant to Section 1214, the county agency selected by a county board of supervisors to collect restitution fines and restitution orders may collect restitution fines and restitution orders after an individual is no longer on postrelease community supervision or mandatory supervision or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170.
(i)For purposes of this section, the following definitions shall apply:
(1)Restitution fine means a fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4.
(2)Restitution order means an order for restitution to the victim of a crime imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4.
SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)If a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(b)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in a county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(2)If the board of supervisors designates the county sheriff as the collecting agency, the board of supervisors shall first obtain the concurrence of the county sheriff.
(c)If a prisoner owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law. The secretary shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. The sentencing court shall be provided a record of the payments made to victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(d)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in the county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law. The agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or may pay the victim directly. The sentencing court shall be provided a record of the payments made to the victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(2)The collecting agency shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim victim, if victim contact information is available, detailing the payment status of the restitution order.
(e)Except as provided in Section 2085.8, the secretary shall deduct and retain from the wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the amount collected pursuant to subdivision (a) or (c). The secretary shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the department. The secretary, at his or her discretion, may retain any excess funds in the special deposit account for future reimbursement of the departments administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(f)Except as provided in Section 2085.8, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in a county where the prisoner is incarcerated may deduct and retain from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected, pursuant to subdivision (b) or (d). The agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the agency. The agency may retain any excess funds in the special deposit account for future reimbursement of the agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(g)In any case in which a parolee owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect from the parolee any moneys owing on the restitution fine amount, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(h)In any case in which a parolee owes a direct order of restitution, imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or paragraph (3) of subdivision (a) of Section 1202.4, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated or a local collection program may collect from the parolee any moneys owing, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or the agency may pay the victim directly. The sentencing court shall be provided a record of the payments made by the offender pursuant to this subdivision.
(i)Except as provided in Section 2085.8, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may deduct and retain from moneys collected from parolees an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected pursuant to subdivision (g) or (h), unless prohibited by federal law. The secretary or the agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the department or agencys restitution program, as applicable. The secretary, at his or her discretion, or the agency may retain any excess funds in the special deposit account for future reimbursement of the departments or agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(j)If a prisoner has both a restitution fine and a restitution order from the sentencing court, the department shall collect the restitution order first pursuant to subdivision (c).
(k)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and that prisoner has both a restitution fine and a restitution order from the sentencing court, if the agency designated by the board of supervisors in the county where the prisoner is incarcerated collects the fine and order, the agency shall collect the restitution order first pursuant to subdivision (d).
(l)If a parolee has both a restitution fine and a restitution order from the sentencing court, either the department or, if the prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect the restitution order first, pursuant to subdivision (h).
(m)If an inmate is housed at an institution that requires food to be purchased from the institution canteen for unsupervised overnight visits, and if the money for the purchase of this food is received from funds other than the inmates wages, that money shall be exempt from restitution deductions. This exemption shall apply to the actual amount spent on food for the visit up to a maximum of fifty dollars ($50) for visits that include the inmate and one visitor, seventy dollars ($70) for visits that include the inmate and two or three visitors, and eighty dollars ($80) for visits that include the inmate and four or more visitors.
(n)(1)Amounts transferred to the California Victim Compensation Board for payment of direct orders of restitution shall be paid to the victim within 60 days from the date the restitution revenues are received by the California Victim Compensation Board. If the restitution payment to a victim is less than twenty-five dollars ($25), then payment need not be forwarded to that victim until the payment reaches twenty-five dollars ($25) or when the victim requests payment of the lesser amount.
(2)If a victim cannot be located, the restitution revenues received by the California Victim Compensation Board on behalf of the victim shall be held in trust in the Restitution Fund until the end of the state fiscal year subsequent to the state fiscal year in which the funds were deposited or until the time that the victim has provided current address information, whichever occurs sooner. Amounts remaining in trust at the end of the specified period of time shall revert to the Restitution Fund.
(3)(A)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the department, which shall verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the department, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (c) or (h).
(B)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the agency designated by the board of supervisors in the county where the prisoner punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 is incarcerated, which may verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the agency, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (d) or (h).
SEC. 2.Section 2085.6 of the Penal Code is amended to read:2085.6.(a)When a prisoner who owes a restitution fine, or any portion thereof, is subsequently released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution fine in full. The restitution fine obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county where the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund in the State Treasury.
(b)When a prisoner who owes payment for a restitution order, or any portion thereof, is released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution order in full. The restitution order obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the agency designated by the county board of supervisors in the county where the prisoner is released. If the county elects to collect the restitution order, the agency designated by the county board of supervisors for collection shall transfer the collected amount to the California Victim Compensation for deposit in the Restitution Fund in the State Treasury or may pay the victim directly. The sentencing court shall be provided a record of payments made to the victim and of the payments deposited into the Restitution Fund.
(c)Any portion of a restitution order or restitution fine that remains unsatisfied after an individual is released from postrelease community supervision or mandatory supervision shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(d)The collecting agency shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim victim, if victim contact information is available, detailing the payment status of the restitution order.
(e)At its discretion, a county board of supervisors may impose a fee upon the individual subject to postrelease community supervision or mandatory supervision to cover the actual administrative cost of collecting the restitution fine and the restitution order, not to exceed 10 percent of the amount collected, the proceeds of which shall be deposited into the general fund of the county.
(f)If a county elects to collect both a restitution fine and a restitution order, the amount owed on the restitution order shall be collected before the restitution fine.
(g)If a county elects to collect restitution fines and restitution orders pursuant to this section, the county shall coordinate efforts with the Franchise Tax Board pursuant to Section 19280 of the Revenue and Taxation Code.
(h)Pursuant to Section 1214, the county agency selected by a county board of supervisors to collect restitution fines and restitution orders may collect restitution fines and restitution orders after an individual is no longer on postrelease community supervision or mandatory supervision or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170.
(i)For purposes of this section, the following definitions shall apply:
(1)Restitution fine means a fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4.
(2)Restitution order means an order for restitution to the victim of a crime imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4.
SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)If a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(b)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in a county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(2)If the board of supervisors designates the county sheriff as the collecting agency, the board of supervisors shall first obtain the concurrence of the county sheriff.
(c)If a prisoner owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law. The secretary shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. The sentencing court shall be provided a record of the payments made to victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(d)(1)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in the county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law. The agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or may pay the victim directly. The sentencing court shall be provided a record of the payments made to the victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(2)The collecting agency shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim detailing the payment status of the restitution order.
(e)Except as provided in Section 2085.8, the secretary shall deduct and retain from the wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the amount collected pursuant to subdivision (a) or (c). The secretary shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the department. The secretary, at his or her discretion, may retain any excess funds in the special deposit account for future reimbursement of the departments administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(f)Except as provided in Section 2085.8, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in a county where the prisoner is incarcerated may deduct and retain from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected, pursuant to subdivision (b) or (d). The agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the restitution program of the agency. The agency may retain any excess funds in the special deposit account for future reimbursement of the agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(g)In any case in which a parolee owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect from the parolee any moneys owing on the restitution fine amount, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(h)In any case in which a parolee owes a direct order of restitution, imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or paragraph (3) of subdivision (a) of Section 1202.4, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated or a local collection program may collect from the parolee any moneys owing, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or the agency may pay the victim directly. The sentencing court shall be provided a record of the payments made by the offender pursuant to this subdivision.
(i)Except as provided in Section 2085.8, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may deduct and retain from moneys collected from parolees an administrative fee to cover the actual administrative cost of collection, not to exceed 10 percent of the total amount collected pursuant to subdivision (g) or (h), unless prohibited by federal law. The secretary or the agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the department or agencys restitution program, as applicable. The secretary, at his or her discretion, or the agency may retain any excess funds in the special deposit account for future reimbursement of the departments or agencys administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(j)If a prisoner has both a restitution fine and a restitution order from the sentencing court, the department shall collect the restitution order first pursuant to subdivision (c).
(k)If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and that prisoner has both a restitution fine and a restitution order from the sentencing court, if the agency designated by the board of supervisors in the county where the prisoner is incarcerated collects the fine and order, the agency shall collect the restitution order first pursuant to subdivision (d).
(l)If a parolee has both a restitution fine and a restitution order from the sentencing court, either the department or, if the prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect the restitution order first, pursuant to subdivision (h).
(m)If an inmate is housed at an institution that requires food to be purchased from the institution canteen for unsupervised overnight visits, and if the money for the purchase of this food is received from funds other than the inmates wages, that money shall be exempt from restitution deductions. This exemption shall apply to the actual amount spent on food for the visit up to a maximum of fifty dollars ($50) for visits that include the inmate and one visitor, seventy dollars ($70) for visits that include the inmate and two or three visitors, and eighty dollars ($80) for visits that include the inmate and four or more visitors.
(n)(1)Amounts transferred to the California Victim Compensation Board for payment of direct orders of restitution shall be paid to the victim within 60 days from the date the restitution revenues are received by the California Victim Compensation Board. If the restitution payment to a victim is less than twenty-five dollars ($25), then payment need not be forwarded to that victim until the payment reaches twenty-five dollars ($25) or when the victim requests payment of the lesser amount.
(2)If a victim cannot be located, the restitution revenues received by the California Victim Compensation Board on behalf of the victim shall be held in trust in the Restitution Fund until the end of the state fiscal year subsequent to the state fiscal year in which the funds were deposited or until the time that the victim has provided current address information, whichever occurs sooner. Amounts remaining in trust at the end of the specified period of time shall revert to the Restitution Fund.
(3)(A)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the department, which shall verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the department, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (c) or (h).
(B)A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the agency designated by the board of supervisors in the county where the prisoner punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 is incarcerated, which may verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the agency, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (d) or (h).
SEC. 2.Section 2085.6 of the Penal Code is amended to read:2085.6.(a)When a prisoner who owes a restitution fine, or any portion thereof, is subsequently released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution fine in full. The restitution fine obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county where the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund in the State Treasury.
(b)When a prisoner who owes payment for a restitution order, or any portion thereof, is released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, he or she shall have a continuing obligation to pay the restitution order in full. The restitution order obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the agency designated by the county board of supervisors in the county where the prisoner is released. If the county elects to collect the restitution order, the agency designated by the county board of supervisors for collection shall transfer the collected amount to the California Victim Compensation for deposit in the Restitution Fund in the State Treasury or may pay the victim directly. The sentencing court shall be provided a record of payments made to the victim and of the payments deposited into the Restitution Fund.
(c)Any portion of a restitution order or restitution fine that remains unsatisfied after an individual is released from postrelease community supervision or mandatory supervision shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(d)The collecting agency shall track restitution payments. Tracking shall include sending monthly notices to the individual responsible for paying restitution and quarterly statements to the victim detailing the payment status of the restitution order.
(d)(e)At its discretion, a county board of supervisors may impose a fee upon the individual subject to postrelease community supervision or mandatory supervision to cover the actual administrative cost of collecting the restitution fine and the restitution order, not to exceed 10 percent of the amount collected, the proceeds of which shall be deposited into the general fund of the county.
(e)(f)If a county elects to collect both a restitution fine and a restitution order, the amount owed on the restitution order shall be collected before the restitution fine.
(f)(g)If a county elects to collect restitution fines and restitution orders pursuant to this section, the county shall coordinate efforts with the Franchise Tax Board pursuant to Section 19280 of the Revenue and Taxation Code.
(g)(h)Pursuant to Section 1214, the county agency selected by a county board of supervisors to collect restitution fines and restitution orders may collect restitution fines and restitution orders after an individual is no longer on postrelease community supervision or mandatory supervision or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170.
(h)(i)For purposes of this section, the following definitions shall apply:
(1)Restitution fine means a fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4.
(2)Restitution order means an order for restitution to the victim of a crime imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4.
SEC. 2.SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment.
(b)The plan shall be voted on by an executive committee of each countys Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the District Attorney, the Public Defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230, as designated by the county board of supervisors for purposes related to the development and presentation of the plan.
(c)The plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan goes back to the Community Corrections Partnership for further consideration.
(d)Consistent with local needs and resources, the plan may include recommendations to maximize the effective investment of criminal justice resources in evidence-based correctional sanctions and programs, including, but not limited to, day reporting centers, drug courts, residential multiservice centers, mental health treatment programs, electronic and GPS monitoring programs, victim restitution programs, counseling programs, community service programs, educational programs, and work training programs.
(e)If a countys Community Corrections Partnership includes victim restitution programs in its local plan as authorized in subdivision (d), then the restitution shall be tracked by the sheriff's department if the individual owing restitution is still incarcerated in the county jail, or by the probation department if the individual owing restitution is on probation supervision, mandatory supervision, or postrelease community supervision. Tracking shall include sending monthly notices to the individual responsible for paying the restitution to the victim, garnishing 25 percent of the moneys that are on file for an incarcerated individual while serving time in the county jail, victim and having a collections agency continue to notice the offender if restitution is not paid within the parameters of per the restitution order. Victims to whom restitution is owed shall also be provided a quarterly statement detailing the repayment status of the restitution order. Consistent with subdivision (d), each county may use a portion of its Local Revenue Fund 2011 funds, which are provided by the state to the local Community Corrections Partnership, to manage this restitution recovery program, and to set up a viable tracking and collections program to be administered or overseen by the sheriffs department or probation department of each county.
SEC. 2.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment.
(b)The plan shall be voted on by an executive committee of each countys Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the District Attorney, the Public Defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230, as designated by the county board of supervisors for purposes related to the development and presentation of the plan.
(c)The plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan goes back to the Community Corrections Partnership for further consideration.
(d)Consistent with local needs and resources, the plan may include recommendations to maximize the effective investment of criminal justice resources in evidence-based correctional sanctions and programs, including, but not limited to, day reporting centers, drug courts, residential multiservice centers, mental health treatment programs, electronic and GPS monitoring programs, victim restitution programs, counseling programs, community service programs, educational programs, and work training programs.
(e)If a countys Community Corrections Partnership includes victim restitution programs in its local plan as authorized in subdivision (d), then the restitution shall be tracked by the sheriff's department if the individual owing restitution is still incarcerated in the county jail, or by the probation department if the individual owing restitution is on probation supervision, mandatory supervision, or postrelease community supervision. Tracking shall include sending monthly notices to the individual responsible for paying the restitution to the victim, garnishing 25 percent of the moneys that are on file for an incarcerated individual while serving time in the county jail, and having a collections agency continue to notice the offender if restitution is not paid within the parameters of the restitution order. Victims to whom restitution is owed shall also be provided a quarterly statement detailing the repayment status of the restitution order. Consistent with subdivision (d), each county may use a portion of its Local Revenue Fund 2011 funds, which are provided by the state to the local Community Corrections Partnership, to manage this restitution recovery program, and to set up a viable tracking and collections program to be administered or overseen by the sheriffs department or probation department of each county.
SEC. 2.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Jan 12, 2018 | Stricken from file. |
| Sep 11, 2017 | Consideration of Governor's veto pending. |
| Sep 11, 2017 | Vetoed by Governor. |
| Aug 30, 2017 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 28, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 24, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77. |
| Aug 24, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2017 | Read second time. Ordered to Consent Calendar. |
| Aug 21, 2017 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jul 18, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 17, 2017 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jul 10, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 6, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 20, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR. |
| Jun 1, 2017 | Referred to Com. on PUB. S. |
| May 18, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1617.) |
| May 11, 2017 | Read second time. Ordered to Consent Calendar. |
| May 10, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10). |
| May 3, 2017 | In committee: Hearing postponed by committee. |
| Apr 19, 2017 | Re-referred to Com. on APPR. |
| Apr 18, 2017 | Read second time and amended. |
| Apr 17, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 4). |
| Mar 30, 2017 | Re-referred to Com. on PUB. S. |
| Mar 29, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 2, 2017 | Referred to Com. on PUB. S. |
| Feb 15, 2017 | From printer. May be heard in committee March 17. |
| Feb 14, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2017 | AB 662 CHOI Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 24, 2017 | Consent Calendar 2nd AB662 | Senate Floor |
Passed |
|
| Jun 20, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 18, 2017 | AB 662 CHOI Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 10, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Crime Victims United Of California | ** Support | Aug 22, 2017 |
| San Diego County District Attorney's Office | ** Support | Aug 22, 2017 |
GOVERNOR'S VETO
GV Bill Id:AB 662
Author:(Choi)
As Enrolled Ver:August 30, 2017
2/3 vote
ASSEMBLY: | 69-0 | (May 18, 2017) | SENATE: | 38-0 | (August 24, 2017) |
ASSEMBLY: | 73-0 | (August 28, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Requires local agencies or departments tasked with collecting victim restitution to track payments, and to notify the defendant and the victim about the status of payments.
The Senate amendments:
- Make sending quarterly statements to the victim contingent on the availability of victim-contact information.
- Specify that the bill's provisions are applicable only to county collecting agencies and departments, not state departments.
EXISTING LAW:
- States that, in addition to any other penalty provided or imposed under the law, the court shall order the defendant to pay both a restitution fine and restitution to the victim or victims, if any.
- Specifies that a restitution order is enforceable by the victim as a civil judgment.
- Give counties the authority to collect court-ordered restitution from individuals under local supervision.
- Authorizes the agency designated by the board of supervisors in the county of incarceration to deduct 20% to 50% from the wages and trust account deposits of a county-jail inmate serving a sentence under realignment and owing a restitution fine or restitution order.
- Allows the agency designated by the board of supervisors in the county of incarceration to withhold an administrative fee totaling 10% of money collected to be held in a special deposit account for the purposes of reimbursing administrative and support costs of the restitution program, as specified.
- Allows the agency designated by the board of supervisors to collect money from inmates released from jail after serving a sentencing under realignment who has an outstanding balance on a restitution fine or a victim restitution order.
- Authorizes the agency designated by the board of supervisors to collect unsatisfied restitutions fines and victim restitution order from persons released on Post Release Community Supervision (PRCS) or mandatory supervision.
- Gives the board of supervisors discretion to impose an administrative fee not to exceed 10% of the amount collected, the proceeds of which shall be deposited into the county's general fund.
- Provides that any portion of a restitution fine or fee or a victim restitution order that remains unsatisfied after a defendant is no longer on probation, parole, post release community supervision (PRCS), or mandatory supervision is enforceable by the California Victim Compensation Board.
- Allows a local collection program to continue to enforce restitution orders and fines once a defendant is no longer on probation, PRCS, or mandatory supervision.
- Provides that fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by the superior court for criminal offenses can be referred to the Franchise Tax Board (FTB) for collection under guidelines prescribed by the FTB no sooner than 90 days after the payments become delinquent.
AS PASSED BY THE ASSEMBLY, this bill:
- Required the local collecting entity to track restitution payments.
- Required the local collecting entity to send monthly notices to the defendant.
- Required the local collecting entity to provide quarterly statements to the victim detailing the status of the restitution order.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "Current law (Penal Code 2085.5 and 2085.6) calls for the collection of restitution once a victim has a restitution order.
"However, State law is currently silent as to the tracking and noticing of such restitution payments for both the victim and the person owing the restitution.
"AB 662 calls for a restitution notice and tracking process.
"Tracking shall include sending monthly notices to the individual responsible for paying the restitution to the victim. Victims shall also be provided a quarterly statement delineating the repayment status of their restitution order(s).
"AB 662 offers a means for tracking restitution and noticing both parties involved as to the payment status of the restitution order. AB 662 protects BOTH the individual owing restitution and the victim.
"Having this mechanism in place serves both the offender and the victim so that disputes are minimized. This measure will initiate fairness for both the individual owing restitution and the victim."
This bill would require a county agency or department administering the collection of restitution to track restitution payments and send monthly notices to the individual responsible for paying restitution and quarterly statements to the victim.
It would appear that the author intends to ensure the timely collection of restitution payments, a laudable goal. It is unclear, however, how this bill would have the desired effect. In fact, the increased workload it would place on counties could well dis-incentivize the development of restitution collection programs, a permissive activity on the part of the county.
I don't believe this level or proscription – imposing a uniform state wide rule – is warranted.
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0002283
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 662
Author:(Choi)
As Amended Ver:July 18, 2017
Majority vote
ASSEMBLY: | 69-0 | (May 18, 2017) | SENATE: | 38-0 | (August 24, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Requires local agencies or departments tasked with collecting victim restitution to track payments, and to notify the defendant and the victim about the status of payments.
The Senate amendments:
- Make sending quarterly statements to the victim contingent on the availability of victim-contact information.
- Specify that the bill's provisions are applicable only to county collecting agencies and departments, not state departments.
EXISTING LAW:
- States that, in addition to any other penalty provided or imposed under the law, the court shall order the defendant to pay both a restitution fine and restitution to the victim or victims, if any.
- Specifies that a restitution order is enforceable by the victim as a civil judgment.
- Give counties the authority to collect court-ordered restitution from individuals under local supervision.
- Authorizes the agency designated by the board of supervisors in the county of incarceration to deduct 20% to 50% from the wages and trust account deposits of a county-jail inmate serving a sentence under realignment and owing a restitution fine or restitution order.
- Allows the agency designated by the board of supervisors in the county of incarceration to withhold an administrative fee totaling 10% of money collected to be held in a special deposit account for the purposes of reimbursing administrative and support costs of the restitution program, as specified.
- Allows the agency designated by the board of supervisors to collect money from inmates released from jail after serving a sentencing under realignment who has an outstanding balance on a restitution fine or a victim restitution order.
- Authorizes the agency designated by the board of supervisors to collect unsatisfied restitutions fines and victim restitution order from persons released on post release community supervision (PRCS) or mandatory supervision.
- Gives the board of supervisors discretion to impose an administrative fee not to exceed 10% of the amount collected, the proceeds of which shall be deposited into the county's general fund.
- Provides that any portion of a restitution fine or fee or a victim restitution order that remains unsatisfied after a defendant is no longer on probation, parole, PRCS, or mandatory supervision is enforceable by the California Victim Compensation Board.
- Allows a local collection program to continue to enforce restitution orders and fines once a defendant is no longer on probation, PRCS, or mandatory supervision.
- Provides that fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by the superior court for criminal offenses can be referred to the Franchise Tax Board (FTB) for collection under guidelines prescribed by the FTB no sooner than 90 days after the payments become delinquent.
AS PASSED BY THE ASSEMBLY, this bill:
- Required the local collecting entity to track restitution payments.
- Required the local collecting entity to send monthly notices to the defendant.
- Required the local collecting entity to provide quarterly statements to the victim detailing the status of the restitution order.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "Current law (Penal Code 2085.5 and 2085.6) calls for the collection of restitution once a victim has a restitution order.
"However, State law is currently silent as to the tracking and noticing of such restitution payments for both the victim and the person owing the restitution.
"AB 662 calls for a restitution notice and tracking process.
"Tracking shall include sending monthly notices to the individual responsible for paying the restitution to the victim. Victims shall also be provided a quarterly statement delineating the repayment status of their restitution order(s).
"AB 662 offers a means for tracking restitution and noticing both parties involved as to the payment status of the restitution order. AB 662 protects BOTH the individual owing restitution and the victim.
"Having this mechanism in place serves both the offender and the victim so that disputes are minimized. This measure will initiate fairness for both the individual owing restitution and the victim."
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001355
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 662
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/20/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote
DIGEST:
This bill requires local collection agencies tasked with collecting victim restitution to track payments and to notify the defendant and the victim about the status of payments.
Existing law:
- States that, in addition to any other penalty provided or imposed under the law, the court shall order the defendant to pay both a restitution fine and restitution to the victim or victims, if any. (Pen. Code § 1202.4, subd. (a)(3).)
- Specifies that a restitution order is enforceable by the victim as a civil judgment. (Pen. Code §§ 1202.4, subd. (i), & 1214, subd. (b).)
- Gives counties the authority to collect court-ordered restitution from individuals under local supervision. (Pen. Code §§ 2085.5 & 2085.6.)
- Authorizes the agency designated by the board of supervisors in the county of incarceration to deduct 20% to 50% from the wages and trust account deposits of a county-jail inmate serving a sentence under realignment and owing a restitution fine or restitution order. (Pen. Code, § 2085.5, subds. (b)(1) & (c).)
- Allows the agency designated by the board of supervisors in the county of incarceration to withhold an administrative fee totaling 10% of money collected to be held in a special deposit account for the purposes of reimbursing administrative and support costs of the restitution program, as specified. (Pen. Code § 2085.5, subd. (i).)
- Allows the agency designated by the board of supervisors to collect money from inmates released from jail after serving a sentencing under realignment who has an outstanding balance on a restitution fine or a victim restitution order. (Pen. Code § 2085.5, subds. (g) & (h).)
- Authorizes the agency designated by the board of supervisors to collect unsatisfied restitutions fines and victim restitution order from persons released on postrelease community supervision (PRCS), or mandatory supervision. (Pen. Code § 2085.6, subds. (a) & (b).)
- Gives the board of supervisors discretion to impose an administrative fee not to exceed 10% of the amount collected, the proceeds of which shall be deposited into the county's general fund. (Pen. Code § 2085.6, subd. (d).)
- Provides that any portion of a restitution fine or fee or a victim restitution order that remains unsatisfied after a defendant is no longer on probation, parole, PRCS, or mandatory supervision is enforceable by the California Victim Compensation Board. (Pen. Code § 1214, subds. (a) & (b).)
- Allows a local collection program to continue to enforce restitution orders and fines once a defendant is no longer on probation, PRCS, or mandatory supervision. (Pen. Code § 1214, subds. (a) & (b).)
- Provides that fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by the superior court for criminal offenses can be referred to the Franchise Tax Board (FTB) for collection under guidelines prescribed by the FTB no sooner than 90 days after the payments become delinquent. (Rev. & Tax Code § 19280.)
This bill requires local collection agencies tasked with collecting victim restitution to track payments, and to provide monthly notices to the defendant, and quarterly notices to the victim detailing the status of the restitution order.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Crime Victims United of California
San Diego County District Attorney’s Office
OPPOSITION: (Verified 8/21/17)
None received
ASSEMBLY FLOOR: 69-0, 5/18/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
8/22/17 16:24:49
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 662 Hearing Date: June 20, 2017
Author: | Choi | ||
Version: | April 18, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Restitution: Tracking
HISTORY
Source: Author
Prior Legislation: SB 1054 (Pavley), Ch. 718, Stats. 2016
SB 419 (Block), Ch. 513, Stats. 2014
SB 1197 (Pavley), Ch. 517, Stats. 2014
SB 1210 (Lieu), Ch. 762, Stats. 2012
Support: Crime Victims United
Opposition: None known
Assembly Floor Vote: 69 - 0
PURPOSE
The purpose of this bill is to require local collection agencies tasked with collecting victim restitution to track payments and to notify the defendant and the victim about the status of payments.
Existing law states that, in addition to any other penalty provided or imposed under the law, the court shall order the defendant to pay both a restitution fine and restitution to the victim or victims, if any. (Pen. Code § 1202.4, subd. (a)(3).)
Existing law specifies that a restitution order is enforceable by the victim as a civil judgment. (Pen. Code, §§ 1202.4, subd. (i), & 1214, subd. (b).)
Existing law gives counties the authority to collect court-ordered restitution from individuals under local supervision. (Pen. Code, §§ 2085.5 & 2085.6.)
Existing law authorizes the agency designated by the board of supervisors in the county of incarceration to deduct 20% to 50% from the wages and trust account deposits of a county-jail inmate serving a sentence under realignment and owing a restitution fine or restitution order. (Pen. Code, § 2085.5, subds. (b)(1) & (c).)
Existing law allows the agency designated by the board of supervisors in the county of incarceration to withhold an administrative fee totaling 10% of money collected to be held in a special deposit account for the purposes of reimbursing administrative and support costs of the restitution program, as specified. (Pen. Code, § 2085.5, subd. (i).)
Existing law allows the agency designated by the board of supervisors to collect money from inmates released from jail after serving a sentencing under realignment who has an outstanding balance on a restitution fine or a victim restitution order. (Pen. Code, § 2085.5, subds. (g) & (h).)
Existing law authorizes the agency designated by the board of supervisors to collect unsatisfied restitutions fines and victim restitution order from persons released on postrelease community supervision (PRCS), or mandatory supervision. (Pen. Code, § 2085.6, subds. (a) & (b).)
Existing law gives the board of supervisors discretion to impose an administrative fee not to exceed 10% of the amount collected, the proceeds of which shall be deposited into the county's general fund. (Pen. Code, § 2085.6, subd. (d).)
Existing law provides that any portion of a restitution fine or fee or a victim restitution order that remains unsatisfied after a defendant is no longer on probation, parole, PRCS, or mandatory supervision is enforceable by the California Victim Compensation Board. (Pen. Code, § 1214, subds. (a) & (b).)
Existing law allows a local collection program to continue to enforce restitution orders and fines once a defendant is no longer on probation, PRCS, or mandatory supervision. (Pen. Code, § 1214, subds. (a) & (b).)
Existing law provides that fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by the superior court for criminal offenses can be referred to the Franchise Tax Board (FTB) for collection under guidelines prescribed by the FTB no sooner than 90 days after the payments become delinquent. (Rev. & Tax Code, § 19280.)
This bill requires local collection agencies tasked with collecting victim restitution to track payments, and to provide monthly notices to the defendant, and quarterly notices to the victim detailing the status of the restitution order.
COMMENTS
1. Need for This Bill
According to the author:
Current law (Penal Code 2085.5 and 2085.6) calls for the collection of restitution once a victim has a restitution order.
However, State law is currently silent as to the tracking and noticing of such restitution payments for both the victim and the person owing the restitution.
AB 662 calls for a restitution notice and tracking process to protect both the individual owing the restitution and the victim.
Tracking shall include sending monthly notices to the individual responsible for paying the restitution to the victim. Victims shall also be provided a quarterly statement delineating the repayment status of their restitution order(s).
AB 662 offers a means for tracking restitution and noticing both parties involved as to the payment status of the restitution order. AB 662 protects BOTH the individual owing restitution and the victim.
Having this mechanism in place serves both the offender and the victim so that disputes are minimized. This measure will initiate fairness for both the individual owing restitution and the victim.
2. Collection Procedures
There are several Penal Code provisions which provide a framework for collecting outstanding victim restitution from defendants.
Penal Code section 2085.5 is a garnishment statute which allows CDCR to deduct a percentage of the inmate's wages and trust deposits to go toward satisfying the restitution order, and the balance then goes into the inmate's account. The statute previously applied to prisoners and parolees in the custody of CDCR.
Penal Code section 2085.5 was amended to allow the garnishment of wages and trust account deposits from realigned felons serving a sentence in county jail rather than prison. (See SB 1210 (Lieu), Chapter 762, Statutes of 2012.) Rather than CDCR garnishing the wages and trust accounts, a local agency chosen by the county board of supervisors is allowed to collect monies owed on restitution fines and victim restitution orders while the inmate is incarcerated. Similarly, Penal Code section 2085.6 authorizes collection by a local agency from persons released from prison and placed on post-release community supervision, and those released from county jail on mandatory supervision.
Another related but distinct collection statute is Penal Code section 1214. This provision permits the collection of outstanding restitution fines and fees after a defendant has been released not only from custody, but also from all forms of supervised release, including probation, PRCS, and mandatory supervision. SB 419 (Block), of the 2013-2014 legislative session, amended this statute to allow for the continued collection of outstanding restitution fines and order when a person completes a county jail term under realignment which is not followed by a term of supervision upon release.
This bill specifies that the local collecting entity must track victim restitution payment and send notices to both the defendant and the victim regarding the status of restitution payments.
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Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 662
Author:(Choi) – As Amended Ver:April 18, 2017
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires local collection agencies tasked with collecting victim restitution to track payments, and to provide monthly notices to the defendant, and quarterly notices to the victim detailing the status of the restitution order.
FISCAL EFFECT:
Additional accounting costs to the collection agency designated by the county. To the extent the current 10% set aside for administrative cost of collecting victim restitution, does not cover additional accounting costs, this bill may result in additional nonreimbursable mandated costs to collection agencies.
COMMENTS:
Background and Purpose. Current law states that, in addition to any other penalty provided or imposed under the law, the court is required to order the defendant to pay both a restitution fine and restitution to the victim or victims, if any. Current law provides several provisions for the collection of restitution, including garnishing wages.
Current law allows the agency designated by the board of supervisors in the county of incarceration to withhold an administrative fee totaling 10% of money collected to be held in a special deposit account for the purposes of reimbursing administrative and support costs of the restitution program, as specified. Current law does not require counties to collect victim restitution payments.
This bill specifies that the local collecting entity must track victim restitution payment and send notices to both the defendant and the victim regarding the status of restitution payments. According to the author, “Having this mechanism in place serves both the offender and the victim so that disputes are minimized. This measure will initiate fairness for both the individual owing restitution and the victim.”
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: April 4, 2017
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
As Proposed to be Amended in Committee
SUMMARY:
Requires local collection agencies tasked with collecting victim restitution to track payments, and to notify the defendant and the victim about the status of payments. Specifically, this bill:
- Requires the local collecting entity to track restitution payments.
- Requires the local collecting entity to send monthly notices to the defendant.
- Requires the local collecting entity to provide quarterly statements to the victim detailing the status of the restitution order.
EXISTING LAW:
- States that, in addition to any other penalty provided or imposed under the law, the court shall order the defendant to pay both a restitution fine and restitution to the victim or victims, if any. (Pen. Code § 1202.4(a)(3).)
- Specifies that a restitution order is enforceable by the victim as a civil judgment. (Pen. Code, §§ 1202.4, subd. (i), & 1214, subd. (b).)
- Give counties the authority to collect court-ordered restitution from individuals under local supervision. (Pen. Code, §§ 2085.5 & 2085.6.)
- Authorizes the agency designated by the board of supervisors in the county of incarceration to deduct 20% to 50% from the wages and trust account deposits of a county-jail inmate serving a sentence under realignment and owing a restitution fine or restitution order. (Pen. Code, § 2085.5, subds. (b)(1) & (c).)
- Allows the agency designated by the board of supervisors in the county of incarceration to withhold an administrative fee totaling 10% of money collected to be held in a special deposit account for the purposes of reimbursing administrative and support costs of the restitution program, as specified. (Pen. Code, § 2085.5, subd. (i).)
- Allows the agency designated by the board of supervisors to collect money from inmates released from jail after serving a sentencing under realignment who has an outstanding balance on a restitution fine or a victim restitution order. (Pen. Code, § 2085.5, subds. (g) & (h).)
- Authorizes the agency designated by the board of supervisors to collect unsatisfied restitutions fines and victim restitution order from persons released on PRCS or mandatory supervision. (Pen. Code, § 2085.6, subds. (a) & (b).)
- Gives the board of supervisors discretion to impose an administrative fee not to exceed 10% of the amount collected, the proceeds of which shall be deposited into the county's general fund. (Pen. Code, § 2085.6, subd. (d).)
- Provides that any portion of a restitution fine or fee or a victim restitution order that remains unsatisfied after a defendant is no longer on probation, parole, post release community supervision (PRCS), or mandatory supervision is enforceable by the California Victim Compensation Board. (Pen. Code, § 1214, subds. (a) & (b).)
- Allows a local collection program to continue to enforce restitution orders and fines once a defendant is no longer on probation, PRCS, or mandatory supervision. (Pen. Code, § 1214, subds. (a) & (b).)
- Provides that fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by the superior court for criminal offenses can be referred to the Franchise Tax Board (FTB) for collection under guidelines prescribed by the FTB no sooner than 90 days after the payments become delinquent. (Rev. & Tax Code, § 19280.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Current law (Penal Code 2085.5 and 2085.6) calls for the collection of restitution once a victim has a restitution order.
“However, State law is currently silent as to the tracking and noticing of such restitution payments for both the victim and the person owing the restitution.
“AB 662 calls for a restitution notice and tracking process.
“Tracking shall include sending monthly notices to the individual responsible for paying the restitution to the victim. Victims shall also be provided a quarterly statement delineating the repayment status of their restitution order(s).
“AB 662 offers a means for tracking restitution and noticing both parties involved as to the payment status of the restitution order. AB 662 protects BOTH the individual owing restitution and the victim.
“Having this mechanism in place serves both the offender and the victim so that disputes are minimized. This measure will initiate fairness for both the individual owing restitution and the victim.” - Collection Procedures: There are several Penal Code provisions which provide a framework for collecting outstanding victim restitution from defendants.
Penal Code section 2085.5 is a garnishment statute which allows CDCR to deduct a percentage of the inmate's wages and trust deposits to go toward satisfying the restitution order, and the balance then goes into the inmate's account. (Ibid.) The statute previously applied to prisoners and parolees in the custody of CDCR.
Penal Code section 2085.5 was amended to allow the garnishment of wages and trust account deposits from realigned felons serving a sentence in county jail rather than prison. (See SB 1210 (Lieu), Chapter 762, Statutes of 2012.) Rather than CDCR garnishing the wages and trust accounts, a local agency chosen by the county board of supervisors is allowed to collect monies owed on restitution fines and victim restitution orders while the inmate is incarcerated. Similarly, Penal Code section 2085.6 authorizes collection by a local agency from persons released from prison and placed on post-release community supervision, and those released from county jail on mandatory supervision.
Another related but distinct collection statute is Penal Code section 1214. This provision permits the collection of outstanding restitution fines and fees after a defendant has been released not only from custody, but also from all forms of supervised release, including probation, PRCS, and mandatory supervision. SB 419 (Block), of the 2013-2014 legislative session, amended this statute to allow for the continued collection of outstanding restitution fines and order when a person completes a county jail term under realignment which is not followed by a term of supervision upon release.
This bill specifies that the local collecting entity must track victim restitution payment and send notices to both the defendant and the victim regarding the status of restitution payments.
- Argument in Support: None submitted
- Related Legislation: AB 1257 (Baker) would make restitution payments to victims of crimes the first priority for debt collected by the Franchise Tax Board. AB 1275 is pending in the Revenue and Taxation Committee.
- Prior Legislation:
- SB 1054 (Pavley), Chapter 718, Statutes of 2016, clarified the collection process for fines and restitution by county collection agencies.
- SB 419 (Block), Chapter 513, Statutes of 2014, extended existing restitution collection methods to persons who have unsatisfied restitution orders and fines after serving a county jail term which is not followed by a period of supervised release.
- SB 1197 (Pavley), Chapter 517, Statutes of 2014, extended existing restitution collection methods to persons on post release community supervision and mandatory supervision.
- SB 1210 (Lieu), Chapter 762, Statutes of 2012, allowed the garnishment of wages and trust account deposits from realigned felons serving a sentence in county jail.
- SB 1054 (Pavley), Chapter 718, Statutes of 2016, clarified the collection process for fines and restitution by county collection agencies.
REGISTERED SUPPORT / OPPOSITION:
Support
Crime Victims United of California
Opposition
None
Analysis Prepared by:
Bill Author
Bill Co-Author(s):