Bill Text: CA AB2251 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Victim restitution: victim's contact information.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-07-13 - Chaptered by Secretary of State - Chapter 124, Statutes of 2012. [AB2251 Detail]

Download: California-2011-AB2251-Chaptered.html

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BILL NUMBER: AB 2251	CHAPTERED
	BILL TEXT

	CHAPTER  124
	FILED WITH SECRETARY OF STATE  JULY 13, 2012
	APPROVED BY GOVERNOR  JULY 13, 2012
	PASSED THE SENATE  JUNE 25, 2012
	PASSED THE ASSEMBLY  JUNE 28, 2012
	AMENDED IN SENATE  JUNE 18, 2012

INTRODUCED BY   Assembly Members Feuer and Blumenfield

                        FEBRUARY 24, 2012

   An act to amend Section 1203c of the Penal Code, relating to
victim restitution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2251, Feuer. Victim restitution: victim's contact information.
   Existing law requires a court to order a criminal defendant to
make restitution in every case in which a victim has suffered
economic loss as a result of the defendant's conduct. In cases where
a person is committed to an institution under the jurisdiction of the
Department of Corrections and Rehabilitation and the court has
ordered the person to pay restitution to a victim, existing law
authorizes the applicable county probation officer to send the victim'
s contact information and a copy of the restitution order to the
department for the purpose of distributing restitution if the victim
consents.
   This bill would, notwithstanding the above provision requiring the
victim's consent, authorize a district attorney to send the victim's
contact information and a copy of the restitution order to the
department for that purpose if the district attorney finds that it is
in the best interest of the victim to send that information. If the
victim affirmatively objects, the bill would prohibit the district
attorney from sending the victim's contact information to the
department. The bill would provide that the district attorney would
not be required to inform the victim of the right to object.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203c of the Penal Code is amended to read:
   1203c.  (a) (1) Notwithstanding any other provisions of law,
whenever a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation,
whether probation has been applied for or not, or granted and
revoked, it shall be the duty of the probation officer of the county
from which the person is committed to send to the Department of
Corrections and Rehabilitation a report of the circumstances
surrounding the offense and the prior record and history of the
defendant, as may be required by the Secretary of the Department of
Corrections and Rehabilitation.
   (2) If the person is being committed to the jurisdiction of the
department for a conviction of an offense that requires him or her to
register as a sex offender pursuant to Section 290, the probation
officer shall include in the report the results of the
State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO)
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
   (b) These reports shall accompany the commitment papers. The
reports shall be prepared in the form prescribed by the administrator
following consultation with the Board of State and Community
Corrections, except that if the defendant is ineligible for
probation, a report of the circumstances surrounding the offense and
the prior record and history of the defendant, prepared by the
probation officer on request of the court and filed with the court
before sentence, shall be deemed to meet the requirements of
paragraph (1) of subdivision (a).
   (c) In order to allow the probation officer an opportunity to
interview, for the purpose of preparation of these reports, the
defendant shall be held in the county jail for 48 hours, excluding
Saturdays, Sundays, and holidays, subsequent to imposition of
sentence and prior to delivery to the custody of the Secretary of the
Department of Corrections and Rehabilitation, unless the probation
officer has indicated the need for a different period of time.
   (d) Whenever a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation and
the court has ordered the person to pay restitution to a victim, the
following shall apply:
   (1) If the victim consents, the probation officer of the county
from which the person is committed may send to the Department of
Corrections and Rehabilitation the victim's contact information and a
copy of the restitution order for the sole purpose of distributing
the restitution collected on behalf of the victim.
   (2) Notwithstanding paragraph (1), the district attorney of the
county from which the person is committed may send to the Department
of Corrections and Rehabilitation the victim's contact information
and a copy of the restitution order for the sole purpose of
distributing the restitution collected on behalf of the victim if the
district attorney finds it is in the best interest of the victim to
send that information. If the victim affirmatively objects, the
district attorney shall not send the victim's contact information to
the department. The district attorney shall not be required to inform
the victim of the right to object.
   (3) The contact information shall remain confidential and shall
not be made part of the court file or combined with any public
document.