Bill Text: CA AB662 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Restitution: tracking.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-01-12 - Stricken from file. [AB662 Detail]
Download: California-2017-AB662-Amended.html
Bill Title: Restitution: tracking.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-01-12 - Stricken from file. [AB662 Detail]
Download: California-2017-AB662-Amended.html
|
Amended
IN
Assembly
March 29, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 662 |
| Introduced by Assembly Member Choi |
February 14, 2017 |
An act to amend Section 1230.1 of the Penal Code, relating to restitution.
LEGISLATIVE COUNSEL'S DIGEST
AB 662, as amended, Choi.
Restitution: tracking.
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 sheriff’s 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1230.1 of the Penal Code is amended to read:1230.1.
(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 county’s 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 county’s 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 sheriff’s department or probation department of each
county.
