Bill Text: CA SB1054 | 2015-2016 | Regular Session | Chaptered
Bill Title: Restitution orders: collection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 718, Statutes of 2016. [SB1054 Detail]
Download: California-2015-SB1054-Chaptered.html
BILL NUMBER: SB 1054 CHAPTERED
BILL TEXT
CHAPTER 718
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 27, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Pavley
FEBRUARY 16, 2016
An act to amend Section 2085.5 of, and to add Sections 2085.7 and
2085.8 to, the Penal Code, and to amend Section 19280 of the Revenue
and Taxation Code, relating to restitution orders.
LEGISLATIVE COUNSEL'S DIGEST
SB 1054, Pavley. Restitution orders: collection.
(1) Under existing law, if a prisoner is punished in state prison
or a county jail for a felony and he or she owes a restitution order
or fine, the Department of Corrections and Rehabilitation or the
agency designated by the board of supervisors in the county where the
prisoner is incarcerated, as appropriate, may deduct a minimum of
20% or the balance owing on the order amount, whichever is less, up
to a maximum of 50% from the prisoner's wages and trust account or a
county jail equivalent of wages and trust account deposits of a
prisoner for transfer to the California Victim Compensation Board.
Existing law authorizes the department to deduct and retain an
administrative fee from a prisoner or parolee, or the agency to
deduct and retain an administrative fee from a prisoner, parolee, or
former prisoner, that totals 10% of any amount transferred to the
board pursuant to these provisions. Existing law authorizes the
collection of restitution fines or restitution orders from a person
who has been released from a state prison or county jail and is
subject to postrelease community supervision or mandatory
supervision, as specified.
This bill would instead allow the department or the designated
agency to deduct and retain an administrative fee as described in an
amount that covers the actual administrative cost of collection, not
to exceed 10% of the total amount collected pursuant to the above
provisions. The bill would authorize the collection of restitution
fines or restitution orders, in a manner to be established by the
county board of supervisors, by the county agency designated by the
board from a person who has been released from a county jail without
being subject to postrelease community supervision or mandatory
supervision, as specified. The bill would require a county that
elects to collect restitution fines and restitution orders pursuant
to these provisions to coordinate efforts with the Franchise Tax
Board, as specified. The bill would also make technical,
nonsubstantive changes to the organization of the provisions.
(2) Existing law, unless the victim of the crime notifies the
department or county to the contrary, allows the department or county
to refer a restitution order to the Franchise Tax Board for
collection.
This bill would prohibit the department or county from referring
the restitution order to the Franchise Tax Board if a county agency
has been designated by the county board of supervisors to collect
restitution from individuals who have been sentenced to a county jail
for a felony, who are on mandatory supervision, or who are on
postrelease community supervision, the designated county agency has
an existing collection system and objects to collection by the board,
and the designated county agency informs the department or county
that it will collect the restitution order. If the crime victim
entitled to restitution in the order notifies either the department
or the designated county agency with regard to his or her preference
of a collecting agency, the bill would require the collection to be
performed in accordance with that preference.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2085.5 of the Penal Code is amended to read:
2085.5. (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) 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.
(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 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) 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 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 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 agency's 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 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) 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 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) (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 2085.7 is added to the Penal Code, to read:
2085.7. (a) When a prisoner who owes a restitution fine, or any
portion thereof, is released from the custody of a county jail
facility after completion of a term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170,
he or she has a continuing obligation to pay the restitution fine in
full. The balance of the restitution fine remaining unpaid after
completion of a term in custody pursuant to subparagraph (A) of
paragraph (5) of subdivision (h) of Section 1170 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 in which 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.
(b) When a prisoner who owes payment for a restitution order, or
any portion thereof, is released from the custody of a county jail
facility after completion of a term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170,
he or she has a continuing obligation to pay the restitution order
in full. The balance of the restitution order remaining unpaid after
completion of a term in custody pursuant to subparagraph (A) of
paragraph (5) of subdivision (h) of Section 1170 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 in which 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 Board for
deposit in the Restitution Fund 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) The amount of a restitution order or restitution fine that
remains unsatisfied after completion of a term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170
is to be enforceable by a victim pursuant to Section 1214 until the
obligation is satisfied.
(d) Except as provided in Section 2085.8, at its discretion, a
county board of supervisors may impose a fee upon the individual
after completion of a term in custody pursuant to subparagraph (A) of
paragraph (5) of subdivision (h) of Section 1170 to cover the actual
administrative cost of collecting the restitution fine and the
restitution order, in an amount not to exceed 10 percent of the
amount collected, the proceeds of which shall be deposited into the
general fund of the county.
(e) 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) 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) 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 has completed a term in custody pursuant
to subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170.
(h) 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. Section 2085.8 is added to the Penal Code, to read:
2085.8. (a) 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 subdivision (c).
(b) The department 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 may 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.
(c) (1) The secretary shall deduct and retain from any prisoner or
parolee 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, unless prohibited by
federal law.
(2) The agency may 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, unless prohibited by federal law.
(3) 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's or agency's
restitution program, as applicable. The secretary, at his or her
discretion, or the agency may either 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.
SEC. 4. Section 19280 of the Revenue and Taxation Code is amended
to read:
19280. (a) (1) (A) Fines, state or local penalties, bail,
forfeitures, restitution fines, restitution orders, or any other
amounts imposed by a juvenile or superior court of the State of
California upon a person or any other entity that are due and payable
in an amount totaling no less than one hundred dollars ($100), in
the aggregate, for criminal offenses, including all offenses
involving a violation of the Vehicle Code, and any amounts due
pursuant to Section 903.1 of the Welfare and Institutions Code may,
no sooner than 90 days after payment of that amount becomes
delinquent, be referred by the juvenile or superior court, the
county, or the state to the Franchise Tax Board for collection under
guidelines prescribed by the Franchise Tax Board. Except as specified
in subparagraph (B), the Department of Corrections and
Rehabilitation or county may refer a restitution order to the
Franchise Tax Board, in accordance with subparagraph (B) of paragraph
(2), for any person subject to the restitution order who is or has
been under the jurisdiction of the Department of Corrections and
Rehabilitation or the county.
(B) The Department of Corrections and Rehabilitation or the county
shall not refer a restitution order to the Franchise Tax Board if a
county agency has been designated by the county board of supervisors
to collect restitution from individuals who (i) are serving a
sentence in a county jail pursuant to subdivision (h) of Section 1170
of the Penal Code, (ii) are on mandatory supervision pursuant to
paragraph (5) of subdivision (h) of Section 1170 of the Penal Code,
or (iii) are on postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) of Part 3 of the Penal Code, the
designated county agency has an existing collection system and
objects to collection by the Franchise Tax Board, and the designated
county agency informs the Department of Corrections and
Rehabilitation or the county that it will collect the restitution
order.
(C) If the crime victim entitled to restitution in the order
notifies either the Department of Corrections and Rehabilitation or
the designated county agency with regard to his or her preference of
a collecting agency, that preference shall be honored and the
collection shall be performed in accordance with the preference of
the victim.
(2) For purposes of this subdivision:
(A) The amounts referred by the juvenile or superior court, the
county, or the state under this section may include an administrative
fee and any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction. For purposes of this article, those amounts
shall be deemed to be imposed by the court.
(B) Restitution orders may be referred to the Franchise Tax Board
only by a government entity, as agreed upon by the Franchise Tax
Board, provided that all of the following apply:
(i) The government entity has the authority to collect on behalf
of the state or the victim.
(ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.
(iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by superior courts, counties, or
other state agencies.
(iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the Restitution Fund.
(C) The Franchise Tax Board shall establish criteria for referral
that shall include setting forth a minimum dollar amount subject to
referral and collection.
(b) The Franchise Tax Board, in conjunction with the Judicial
Council, shall seek whatever additional resources are needed to
accept referrals from all 58 counties or superior courts.
(c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to
the State of California, and shall be collected from the debtor by
the Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure in the manner provided
for earnings withholding orders for taxes.
(d) (1) Part 10 (commencing with Section 17001), this part, Part
10.7 (commencing with Section 21001), and Part 11 (commencing with
Section 23001) shall apply to amounts referred under this article in
the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in full
into this article, except to the extent that any provision is either
inconsistent with this article or is not relevant to this article.
(2) Any information, information sources, or enforcement remedies
and capabilities available to the court or the state referring to the
amount due described in subdivision (a) shall be available to the
Franchise Tax Board to be used in conjunction with, or independent
of, the information, information sources, or remedies and
capabilities available to the Franchise Tax Board for purposes of
administering Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), or Part 11 (commencing
with Section 23001).
(e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001) and Part
11 (commencing with Section 23001).
(f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section 19521.
When notice of the amount due includes interest and is mailed to the
debtor and the amount is paid within 15 days after the date of
notice, interest shall not be imposed for the period after the date
of notice.
(g) A collection under this article is not a payment of income
taxes imposed under Part 10 (commencing with Section 17001) or Part
11 (commencing with Section 23001).
