Bill Text: CA SB419 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Restitution: collection of fines, fees, and orders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-20 - Chaptered by Secretary of State. Chapter 513, Statutes of 2014. [SB419 Detail]
Download: California-2013-SB419-Amended.html
Bill Title: Restitution: collection of fines, fees, and orders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-20 - Chaptered by Secretary of State. Chapter 513, Statutes of 2014. [SB419 Detail]
Download: California-2013-SB419-Amended.html
BILL NUMBER: SB 419 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY JULY 3, 2014
AMENDED IN ASSEMBLY JUNE 12, 2014
AMENDED IN ASSEMBLY MARCH 10, 2014
AMENDED IN ASSEMBLY JUNE 18, 2013
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Block
FEBRUARY 21, 2013
An act to amend Sections 1214 and 2085.5 of the Penal Code,
relating to restitution.
LEGISLATIVE COUNSEL'S DIGEST
SB 419, as amended, Block. Restitution: collection of
fines and fees. fines, fees, and orders.
(1) Existing law requires the court to order criminal defendants
to pay restitution to the victim or victims as well as a restitution
fine. Existing law makes any portion of a restitution fine or
restitution fee that remains unsatisfied after a defendant is no
longer on probation, parole, postrelease community supervision, or
mandatory supervision, or after the defendant has completed diversion
enforceable by the California Victim Compensation and Government
Claims Board, as specified, and authorizes a local collection program
to continue to enforce restitution orders once a defendant is no
longer on probation, postrelease community supervision, or mandatory
supervision.
This bill, in addition, would make restitution fines and fees
and restitution orders that remain unsatisfied
after a person has completed a term in custody in a county jail
enforceable by the California Victim Compensation and Government
Claims Board and would authorize a local collection program to
continue to collect those fines and fees.
fines, fees, and orders.
(2) Existing law authorizes the collection of restitution
fines and fees fines, fees, and orders from
inmates in county jails by an agency designated by the county board
of supervisors. Existing law authorizes the local agency to deduct
and retain administrative fees for fines collected from certain
county jail inmates.
This bill would also authorize the local agency to charge those
county jail inmates, upon their release from custody, a fee to cover
the actual administrative cost of collection, up to 10% of the total
amount ordered to be paid.
(3) Existing law authorizes the agency designated by the county
board of supervisors or a local collection program to collect any
moneys owing on a direct restitution order from a person previously
imprisoned in a county jail, unless prohibited by federal law.
Existing law requires the agency to transfer amounts collected
pursuant to that provision to the California Victim Compensation and
Government Claims Board for direct payment to the victim, or requires
that payment be made to the Restitution Fund to the extent that the
victim has received assistance pursuant to that program.
This bill would also authorize the agency to use the funds
collected to pay the victim directly.
(3)
( 4) This bill would, contingent upon the
enactment of SB 1197 of the 2013-14 Regular Session, incorporate
additional conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1214 of the Penal Code is amended to read:
1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation, parole,
postrelease community supervision pursuant to Section 3451, or
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170, after a term in custody pursuant
to subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170, or after completing diversion is enforceable by the California
Victim Compensation and Government Claims Board pursuant to this
section. Notwithstanding any other provision of law prohibiting
disclosure, the state, as defined in Section 900.6 of the Government
Code, a local public entity, as defined in Section 900.4 of the
Government Code, or any other entity, may provide the California
Victim Compensation and Government Claims Board any and all
information to assist in the collection of unpaid portions of a
restitution fine for terminated probation or parole cases, or of a
restitution fee for completed diversion cases. For purposes of the
preceding sentence, "state, as defined in Section 900.6 of the
Government Code," and "any other entity" shall not include the
Franchise Tax Board. A local collection program may continue to
collect restitution fines and restitution orders once a defendant is
no longer on probation, 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.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (5) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (6) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (8) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation, parole, postrelease community supervision under
Section 3451, or mandatory supervision imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170
or after a term in custody pursuant to subparagraph (A) of paragraph
(5) of subdivision (h) of Section 1170 is enforceable by the victim
pursuant to this section. Victims and the California Victim
Compensation and Government Claims Board shall inform the court
whenever an order to pay restitution is satisfied. A local collection
program may continue to enforce victim restitution orders once a
defendant is no longer on probation, postrelease community
supervision, or mandatory supervision or after completion of a term
in custody pursuant to subparagraph (A) of paragraph (5) of
subdivision (h) of Section 1170.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to
any of the following:
(1) A judgment for court-ordered fines, forfeitures, penalties,
fees, or assessments.
(2) A restitution fine or restitution order imposed pursuant to
Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operative
on or before August 2, 1995, or Section 13967 of the Government
Code, as operative on or before September 28, 1994.
(3) A diversion restitution fee ordered pursuant to Section
1001.90.
SEC. 1.5. Section 1214 of the Penal Code is amended to read:
1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation, parole,
postrelease community supervision pursuant to Section 3451, or
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170, after a term in custody pursuant
to subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170, or after completing diversion is enforceable by the California
Victim Compensation and Government Claims Board pursuant to this
section. Notwithstanding any other provision of law prohibiting
disclosure, the state, as defined in Section 900.6 of the Government
Code, a local public entity, as defined in Section 900.4 of the
Government Code, or any other entity, may provide the California
Victim Compensation and Government Claims Board any and all
information to assist in the collection of unpaid portions of a
restitution fine for terminated probation or parole cases, or of a
restitution fee for completed diversion cases. For purposes of the
preceding sentence, "state, as defined in Section 900.6 of the
Government Code," and "any other entity" shall not include the
Franchise Tax Board. A local collection program may continue to
collect restitution fines and restitution orders once a defendant is
no longer on probation, 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.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (5) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (6) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (8) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation, parole, postrelease community supervision under
Section 3451, or mandatory supervision imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170
or after a term in custody pursuant to subparagraph (A) of paragraph
(5) of subdivision (h) of Section 1170 is enforceable by the victim
pursuant to this section. Victims and the California Victim
Compensation and Government Claims Board shall inform the court
whenever an order to pay restitution is satisfied. A local collection
program may continue to enforce victim restitution orders once a
defendant is no longer on probation, postrelease community
supervision, or mandatory supervision or after completion of a term
in custody pursuant to subparagraph (A) of paragraph (5) of
subdivision (h) of Section 1170.
(c) A defendant who owes a restitution fine, a restitution order,
or any portion thereof, and who is released from the custody of a
county jail facility after a term in custody pursuant to subparagraph
(A) of paragraph (5) of subdivision (h) of Section 1170 shall have a
continuing obligation to pay the restitution fine or restitution
order in full.
(d) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
(e) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to
any of the following:
(1) A judgment for court-ordered fines, forfeitures, penalties,
fees, or assessments.
(2) A restitution fine or restitution order imposed pursuant to
Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operative
on or before August 2, 1995, or Section 13967 of the Government
Code, as operative on or before September 28, 1994.
(3) A diversion restitution fee ordered pursuant to Section
1001.90.
SEC. 2. Section 2085.5 of the Penal Code is amended to read:
2085.5. (a) In any case in which a prisoner owes a restitution
fine imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28,
29, 1994, subdivision (b) of Section 730.6 of
the Welfare and Institutions Code, or subdivision (b) of Section
1202.4, the Secretary of the Department of Corrections and
Rehabilitation 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 and Government Claims Board for
deposit in the Restitution Fund in the State Treasury. 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) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in any case in
which a prisoner owes a restitution fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as operative
prior to September 28, 29, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, 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 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 and
Government Claims Board for deposit in the Restitution Fund in the
State Treasury. 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) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28,
29, 1994, subdivision (h) of Section 730.6 of
the Welfare and Institutions Code, or subdivision (f) of Section
1202.4, the Secretary of the Department of Corrections and
Rehabilitation 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 and Government Claims
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) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170, in any case in which a
prisoner owes a restitution order imposed pursuant to subdivision (c)
of Section 13967 of the Government Code, as operative prior to
September 28, 29, 1994, subdivision (h)
of Section 730.6 of the Welfare and Institutions Code, or
subdivision (b) of Section 1202.4, 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 and
Government Claims 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.
(e) The secretary shall deduct and retain from the wages and trust
account deposits of a prisoner, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount transferred
to the California Victim Compensation and Government Claims Board
pursuant to subdivision (a) or (c). The secretary shall deduct and
retain from any prisoner settlement or trial award, an administrative
fee that totals 5 percent of any amount paid from the settlement or
award to satisfy an outstanding restitution order or fine pursuant to
subdivision (n), unless prohibited by federal law. 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 of Corrections and
Rehabilitation. The secretary, at his or her discretion, may retain
any excess funds in the special deposit account for future
reimbursement of the department's 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) When 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 is authorized to 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 that totals 10
percent of any amount transferred to the California Victim
Compensation and Government Claims Board pursuant to subdivision (b)
or (d). The agency is authorized to deduct and retain from a prisoner
settlement or trial award, an administrative fee that totals 5
percent of any amount paid from the settlement or award to satisfy an
outstanding restitution order or fine pursuant to subdivision (n),
unless prohibited by federal law. Upon release from custody pursuant
to subdivision (h) of Section 1170, the agency is authorized to
charge a fee to cover the actual administrative cost of collection,
not to exceed 10 percent of the total amount ordered to be paid. 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 is authorized to
retain any excess funds in the special deposit account for future
reimbursement of the agency's 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 28, 29,
1994, subdivision (b) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (b) of Section 1202.4, the
secretary, or, when 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 or person
previously imprisoned in county jail 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 and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. 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 28,
29, 1994, subdivision (h) of Section 730.6 of
the Welfare and Institutions Code, or paragraph (3) of subdivision
(a) of Section 1202.4, the secretary, or, when 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 or person previously imprisoned
in county jail any moneys owing, unless prohibited by federal law.
The secretary or the agency shall transfer that amount to the
California Victim Compensation and Government Claims 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. 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) The secretary, or, when 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 or persons previously imprisoned in county
jail an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (g) or (h), unless prohibited by
federal law. The secretary shall deduct and retain from any
settlement or trial award of a parolee an administrative fee that
totals 5 percent of an amount paid from the settlement or award to
satisfy an outstanding restitution order or fine pursuant to
subdivision (n), unless prohibited by federal law. The agency is
authorized to deduct and retain from any settlement or trial award of
a person previously imprisoned in county jail an administrative fee
that totals 5 percent of any amount paid from the settlement or award
to satisfy an outstanding restitution order or fine pursuant to
subdivision (n). The secretary or 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 Department of Corrections and Rehabilitation or the
agency, 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 department's or agency's
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) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation shall collect the restitution order first pursuant to
subdivision (c).
(k) When 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) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation, or, when 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 inmate's 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) Compensatory or punitive damages awarded by trial or
settlement to any inmate, parolee, person placed on postrelease
community supervision pursuant to Section 3451, or defendant on
mandatory supervision imposed pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, in connection with
a civil action brought against a federal, state, or local jail,
prison, or correctional facility, or any official or agent thereof,
shall be paid directly, after payment of reasonable attorney's fees
and litigation costs approved by the court, to satisfy any
outstanding restitution orders or restitution fines against that
person. The balance of the award shall be forwarded to the payee
after full payment of all outstanding restitution orders and
restitution fines, subject to subdivisions (e) and (i). The
Department of Corrections and Rehabilitation shall make all
reasonable efforts to notify the victims of the crime for which that
person was convicted concerning the pending payment of any
compensatory or punitive damages. For any prisoner punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency is authorized to make all reasonable efforts to
notify the victims of the crime for which that person was convicted
concerning the pending payment of any compensatory or punitive
damages.
(o) (1) Amounts transferred to the California Victim Compensation
and Government Claims 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 and Government Claims Board. If the restitution payment
to a victim is less than fifty dollars ($50), then
payment need not be forwarded to that victim
until the payment reaches fifty dollars ($50) or until 180 days from
the date the first payment is received, whichever occurs sooner.
(2) If a victim cannot be located, the restitution revenues
received by the California Victim Compensation and Government Claims
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 of Corrections and Rehabilitation, which shall
verify that moneys were collected on behalf of the victim. Upon
receipt of that verified information from the Department of
Corrections and Rehabilitation, the California Victim Compensation
and Government Claims 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 then
verify that moneys were, in fact, collected on behalf of the victim.
Upon receipt of that verified information from the agency, the
California Victim Compensation and Government Claims Board shall
transmit the restitution revenues to the victim in accordance with
the provisions of subdivision (d) or (h).
SEC. 2.5. Section 2085.5 of the Penal Code is amended to read:
2085.5. (a) In any case in which a prisoner owes a restitution
fine imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28,
29, 1994, subdivision (b) of Section 730.6 of
the Welfare and Institutions Code, or subdivision (b) of Section
1202.4, the Secretary of the Department of Corrections and
Rehabilitation 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 and Government Claims Board for
deposit in the Restitution Fund in the State Treasury. 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) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in any case in
which a prisoner owes a restitution fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as operative
prior to September 28, 29, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, 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 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 and
Government Claims Board for deposit in the Restitution Fund in the
State Treasury. 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) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28,
29, 1994, subdivision (h) of Section 730.6 of
the Welfare and Institutions Code, or subdivision (f) of Section
1202.4, the Secretary of the Department of Corrections and
Rehabilitation 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 and Government Claims
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) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170, in any case in which a
prisoner owes a restitution order imposed pursuant to subdivision (c)
of Section 13967 of the Government Code, as operative prior to
September 28, 29, 1994, subdivision (h)
of Section 730.6 of the Welfare and Institutions Code, or
subdivision (b) of Section 1202.4, 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 and
Government Claims 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.
(e) The secretary shall deduct and retain from the wages and trust
account deposits of a prisoner, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount transferred
to the California Victim Compensation and Government Claims Board
pursuant to subdivision (a) or (c). The secretary shall deduct and
retain from any prisoner settlement or trial award, an administrative
fee that totals 5 percent of any amount paid from the settlement or
award to satisfy an outstanding restitution order or fine pursuant to
subdivision (n), unless prohibited by federal law. 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 of Corrections and
Rehabilitation. The secretary, at his or her discretion, may retain
any excess funds in the special deposit account for future
reimbursement of the department's 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) When 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 is authorized to 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 that totals 10
percent of any amount transferred to the California Victim
Compensation and Government Claims Board pursuant to subdivision (b)
or (d). The agency is authorized to deduct and retain from a prisoner
settlement or trial award, an administrative fee that totals 5
percent of any amount paid from the settlement or award to satisfy an
outstanding restitution order or fine pursuant to subdivision (n),
unless prohibited by federal law. Upon release from custody pursuant
to subdivision (h) of Section 1170, the agency is authorized to
charge a fee to cover the actual administrative cost of collection,
not to exceed 10 percent of the total amount ordered to be paid. 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 is authorized to
retain any excess funds in the special deposit account for future
reimbursement of the agency's 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 28, 29,
1994, subdivision (b) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (b) of Section 1202.4, the
secretary, or, when 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 or, pursuant
to Section 2085.6, from a person previously imprisoned in county jail
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 and Government Claims
Board for deposit in the Restitution Fund in the State Treasury. 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 28,
29, 1994, subdivision (h) of Section 730.6 of
the Welfare and Institutions Code, or paragraph (3) of subdivision
(a) of Section 1202.4, the secretary, or, when 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 or, pursuant to Section 2085.6,
from a person previously imprisoned in county jail any moneys owing,
unless prohibited by federal law. The secretary or the agency shall
transfer that amount to the California Victim Compensation and
Government Claims 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.
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) The secretary, or, when 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 or persons previously imprisoned in county
jail an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (g) or (h), unless prohibited by
federal law. The secretary shall deduct and retain from any
settlement or trial award of a parolee an administrative fee that
totals 5 percent of an amount paid from the settlement or award to
satisfy an outstanding restitution order or fine pursuant to
subdivision (n), unless prohibited by federal law. The agency is
authorized to deduct and retain from any settlement or trial award of
a person previously imprisoned in county jail an administrative fee
that totals 5 percent of any amount paid from the settlement or award
to satisfy an outstanding restitution order or fine pursuant to
subdivision (n). The secretary or 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 Department of Corrections and Rehabilitation or the
agency, 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 department's or agency's
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) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation shall collect the restitution order first pursuant to
subdivision (c).
(k) When 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) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation, or, when 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 inmate's 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) Compensatory or punitive damages awarded by trial or
settlement to any inmate, parolee, person placed on postrelease
community supervision pursuant to Section 3451, or defendant on
mandatory supervision imposed pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, in connection with
a civil action brought against a federal, state, or local jail,
prison, or correctional facility, or any official or agent thereof,
shall be paid directly, after payment of reasonable attorney's fees
and litigation costs approved by the court, to satisfy any
outstanding restitution orders or restitution fines against that
person. The balance of the award shall be forwarded to the payee
after full payment of all outstanding restitution orders and
restitution fines, subject to subdivisions (e) and (i). The
Department of Corrections and Rehabilitation shall make all
reasonable efforts to notify the victims of the crime for which that
person was convicted concerning the pending payment of any
compensatory or punitive damages. For any prisoner punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency is authorized to make all reasonable efforts to
notify the victims of the crime for which that person was convicted
concerning the pending payment of any compensatory or punitive
damages.
(o) (1) Amounts transferred to the California Victim Compensation
and Government Claims 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 and Government Claims Board. If the restitution payment
to a victim is less than fifty dollars ($50), then payment need not
be forwarded to that victim until the payment reaches fifty dollars
($50) or until 180 days from the date the first payment is received,
whichever occurs sooner.
(2) If a victim cannot be located, the restitution revenues
received by the California Victim Compensation and Government Claims
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 of Corrections and Rehabilitation, which shall
verify that moneys were collected on behalf of the victim. Upon
receipt of that verified information from the Department of
Corrections and Rehabilitation, the California Victim Compensation
and Government Claims 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 and Government Claims Board shall transmit the
restitution revenues to the victim in accordance with the provisions
of subdivision (d) or (h).
SEC. 3. Sections 1.5 and 2.5 of this bill shall only become
operative if both this bill and Senate Bill 1197 of the 2013-14
Regular Session are enacted and become operative on or before January
1, 2015, in which case Sections 1 and 2 of this bill shall not
become operative.
