BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 314
                                                                  Page 1

          Date of Hearing:   June 30, 2009
          Counsel:               Nicole J. Hanson


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                Juan Arambula, Chair

                    SB 314 (Calderon) - As Amended:  June 1, 2009


           SUMMARY  :   Directs the State Controller to deduct unpaid  
          restitution fines from a person's income tax refund; and  
          authorizes the Victims Compensation and Government Claims Board  
          (VCGCB) to authorize reimbursement of more than $2,000 for a  
          victim's relocation expenses, where the additional money is  
          appropriate due to the unusual, dire, or exceptional  
          circumstances of a particular claim.  

           EXISTING LAW  :

          1)Requests the Controller to offset delinquent accounts against  
            personal income tax refunds which have been certified by the  
            Franchise Tax Board, in the following priority:

             a)   The non-payment of child or family support accounts  
               enforced by a local child support agency.

             b)   The non-payment of child or family support accounts  
               enforced by a person other than a local child support  
               agency.

             c)   The non-payment of spousal support accounts enforced by  
               a local child support agency.

             d)   The non-payment of spousal support accounts enforced by  
               a person other than a local child support agency.

             e)   The benefit overpayment accounts administered by the  
               Employment Development Department if no signed  
               reimbursement agreement exists, or if two consecutive  
               payments on a reimbursement agreement are delinquent at any  
               time.

             f)   The other offset accounts in the priority determined by  
               the Controller.  (Government Code Section 124193.)








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          2)Authorizes a cash payment or reimbursement not to exceed  
            $2,000 to a victim for expenses incurred in relocating, if the  
            expenses are determined by law enforcement to be necessary for  
            the personal safety of the victim or by a mental health  
            treatment provider to be necessary for the emotional  
            well-being of the victim.  [Government Code Section  
            13957(8)(A).]

          3)Directs cash payments or reimbursements to only be awarded to  
            one claimant per crime giving rise to the relocation.  VCGCB  
            may authorize more than one relocation per crime if necessary  
            for the personal safety or emotional well-being of the  
            claimant.  However, the total cash payment or reimbursement  
            for all relocations due to the same crime shall not exceed  
            $2,000.  For purposes of this paragraph a claimant is the  
            crime victim, or, if the victim is deceased, a person who  
            resided with the deceased at the time of the crime.   
            [Government Code Section 13957(8)(B).]

          4)Allows VCGCB, under compelling circumstances, to award a  
            second cash payment or reimbursement to a victim for another  
            crime if both of the following conditions are met:

             a)   The crime occurs more than three years from the date of  
               the crime giving rise to the initial relocation cash  
               payment or reimbursement.

             b)   The crime does not involve the same offender.   
               [Government Code Section 13957(8)(C).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Because victims  
            of violent crimes are often left with physical, emotional, and  
            financial scars, it is essential that the Victim Compensation  
            Program (VCP) be in a position to assist victims.  By  
            assigning debts to the VCP a higher priority within the tax  
            collecting schedule, SB 314 makes sure that the Franchise Tax  
            Board (FTB) collects these debts in a more timely manner."

           2)Background  :  According to information provided by the author,  
            "The Victims' Restitution Fund receives most of its revenue  








                                                                  SB 314
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            from fines and penalties collected from criminal offenders.  
            Continuous raiding by the Governor and/or Legislature has left  
            the Victims Restitution Fund (housed under the VCGCB)  
            threatened with insolvency. Under current law, State agencies  
            may order that the FTB divert tax return money to agencies  
            that are owed outstanding debt. Different types of debt are  
            assigned different priority levels in order to determine their  
            order of payment.

          "SB 314 puts payments to the Restitution Fund from the FTB at a  
            higher priority than payments to other entities. The purpose  
            of this is to restore funds as soon as possible back into the  
            Victims Restitution Fund. Secondly, SB 314 gives VCGCB the  
            authority to award more money than what is currently allowed  
            for victims needing assistance with relocation assistance. The  
            ability to award additional funds shall be done at the Board's  
            discretion where the Board deems it to be appropriate due to  
            extenuating circumstances."

           3)Condition of the Victims of Crime Fund  : 




                          (Please see charts on next page)




























                                                                  SB 314
                                                                  Page 4


                     2007- 2008 Financial Summary (in millions)

          
             --------------------------------------------------- 
            |BEGINING FUND BALANCE        |        136.2        |
            |-----------------------------+---------------------|
            |                             |                     |
            |-----------------------------+---------------------|
            |Revenue                      |                     |
            |-----------------------------+---------------------|
            |                             |                     |
            |-----------------------------+---------------------|
            |Restitution Fines and Fees   |         63.1        |
            |-----------------------------+---------------------|
            |Penalty Assessments          |         54.0        |
            |-----------------------------+---------------------|
            |Restitution Orders           |           7.0       |
            |-----------------------------+---------------------|
            |Civil or Criminal Violations |           1.9       |
            |-----------------------------+---------------------|
            |Liens on Civil Suits         |           1.2       |
            |-----------------------------+---------------------|
            |Federal VOCA Grant           |         32.1        |
            |-----------------------------+---------------------|
            |Miscellaneous Revenue        |           1.2       |
            |-----------------------------+---------------------|
            |                             |                     |
            |-----------------------------+---------------------|
            |Subtotal FY 2007-08 Revenue  |        160.5        |
            |-----------------------------+---------------------|
            |                             |                     |
            |-----------------------------+---------------------|
            |Total Reserves and FY        |                     |
            |2007-08 Revenue              |296.7                |
             --------------------------------------------------- 
           
          
             --------------------------------------------------- 
            |EXPENDITURES                 |                     |
            |-----------------------------+---------------------|
            |                             |                     |
            |-----------------------------+---------------------|
            |Adjusted Claims Payments     |        82.1         |
            |-----------------------------+---------------------|








                                                                  SB 314
                                                                  Page 5

            |                             |                     |
            |-----------------------------+---------------------|
            |Program Costs                |                     |
            |-----------------------------+---------------------|
            |Salaries and Benefits        |        21.7         |
            |-----------------------------+---------------------|
            |Joint Powers Contracts       |        11.1         |
            |-----------------------------+---------------------|
            |Criminal Restitution Compact |         2.9         |
            |Contracts                    |                     |
            |-----------------------------+---------------------|
            |Interagency and Other        |         1.8         |
            |Contracts                    |                     |
            |-----------------------------+---------------------|
            |Facilities Operations & Pro  |         3.8         |
            |Rata                         |                     |
            |-----------------------------+---------------------|
            |Data Center and Processing   |         4.0         |
            |-----------------------------+---------------------|
            |Operating Expenses           |         1.5         |
            |-----------------------------+---------------------|
            |                             |                     |
            |-----------------------------+---------------------|
            |Total Program Costs          |46.8                 |
            |                             |                     |
             --------------------------------------------------- 
          
          
             --------------------------------------------------- 
            |SPECIAL APPROPRIATIONS       |                     |
            |-----------------------------+---------------------|
            |                             |                     |
            |-----------------------------+---------------------|
            |Department of Justice        |         6.7         |
            |-----------------------------+---------------------|
            |Office of Emergency Services |        10.2         |
            |-----------------------------+---------------------|
            |Ten Percent Rebate Program   |         5.7         |
            |-----------------------------+---------------------|
            |State Controllers Office     |         0.03        |
            |-----------------------------+---------------------|
            |County Special Elections     |         2.6         |
            |Costs                        |                     |
            |-----------------------------+---------------------|
            |                             |                     |








                                                                  SB 314
                                                                  Page 6

            |-----------------------------+---------------------|
            |Total Special Appropriations |        25.2         |
            |-----------------------------+---------------------|
            |Total Expenditures           |154.1                |
            |                             |                     |
             --------------------------------------------------- 
          
            ENDING FUND BALANCE                           142.6 

            The fund balance will be reduced by more than one-half  
            pursuant to the recent budget agreement:

            2008-2009 Transfer to General Fund            -80
            
           4)Transfer of $80 Million to the General Fund from Victims Fund  :  
             As is noted at the end of the tables above, $80 million has  
            been or will be transferred from the Victims of Crime Fund to  
            the General Fund because of the ongoing fiscal budget crisis.   
            Further, increased awareness of the fund by victims, better  
            victim assistance in local agencies with "joint powers"  
            agreements with the fund and other pressures on the fund  
            arguably demonstrates a need for more aggressive and complete  
            collection of restitution fines and orders.

          This bill will direct the Controller to deduct delinquent  
            restitution fine amounts from a person's income tax refunds.   
            Child, spousal and family support orders will have greater  
            priority for deductions from a person's income tax refund.   
            Arguably, this bill will allow more efficient and thorough  
            collection of restitution fines without harming the dependents  
            of persons with delinquent restitution fines.

           5)Increased Relocation Expenses  :  Under existing laws and rules,  
            a victim may receive a maximum of $70,000 in compensation from  
            the compensation program.  However, there are limits for  
            specific expenses, including a maximum of $2,000 for  
            relocation expenses.  A victim can be compensated for moving  
            twice in response to a single crime.  Further, a victim who  
            has received compensation for relocation after one crime can  
            receive compensation for relocation where necessary after a  
            new crime, if the second crime was committed by a different  
            perpetrator.

          Arguably, circumstances will arise where a victim has reasonably  
            incurred more than $2,000 in relocation expenses.  This bill  








                                                                  SB 314
                                                                  Page 7

            would allow a victim to receive more than $2,000 in  
            reimbursement in "unusual, dire or exceptional circumstances."  
             This bill does not entitle a crime victim to the additional  
            reimbursement.  The VCGCB would determine if such  
            circumstances have been established.

           6)Argument in Support  :  According to the  Los Angeles District  
            Attorney's Office  , "SB 314 allows the VCGCB to increase the  
            cash payment or reimbursement for relocation if the VCGCB  
            finds this amount is appropriate due the unusual, dire, or  
            exceptional circumstances of a particular claim.

          "By allowing for flexibility in increasing victim expenses for  
            relocation above the $2,000 limit, SB 314 recognizes that the  
            price of victim safety cannot be 'pigeon-holed.'  The  
            amendments in SB 314 also allow for the Controller to offset  
            fines owed to the Victims' Restitution Fund from a convicted  
            defendant's income tax refund.  This revenue collection scheme  
            is another avenue within government control to make sure  
            court-ordered fines are paid and the Restitution Fund  
            continues to be solvent to support victims' programs.

          "This year, the Restitution Fund was 'raided' by millions to  
            help balance the State Budget.  SB 314 would prohibit this  
            practice.  The claims' programs subcontracted by the VCGCB  
            have not received an increase in the budget for over five  
            years.  Funds collected for the Victims' Restitutions should  
            be earmarked to support victims and programs that assist  
            victims."

           7)Argument in Opposition  :  According to the  Taxpayers for  
            Improving Public Safety  , "As a matter of law, a restitution  
            order is not a community property debt.  For individuals who  
            have a restitution order, who are married and file a joint  
            income tax return, there is no safeguard in this legislation  
            to protect the community property interest of the innocent  
            spouse in an income tax refund.  Further, as the existing  
            statute provides a priority for the payment of child and  
            spousal support, an individual that is subject to a  
            restitution order and the individual's spouse have a financial  
            incentive to live together unmarried subject to a child  
            support and spousal support court order to assure that any  
            earrings and refunds are paid first for familial  
            responsibilities pursuant to a court order rather than  
            restitution.








                                                                  SB 314
                                                                  Page 8


          "There can be no doubt but that victims of crimes should be  
            entitled to restitution for any loss they suffer, as should  
            the taxpayers who may be able to recover some of the costs  
            incurred by the criminal activity.  However, restitution  
            should not be at the expense of an innocent spouse or the  
            children of a person subject to a restitution order.  This  
            proposal almost mandates that an individual not work, or work  
            in a manner that does not require reporting of income, in  
            order to support a wife and family, or survive upon social  
            service payments.  Surely, the author should not want an  
            increased demand for social support services in order to  
            recover such a small amount for restitution."

           8)Prior Legislation  : 

             a)   AB 2928 (Spitzer), Chapter 752, Statutes of 2008, allows  
               CDCR to refer restitution awards to the FTB for collection.

             b)   AB 105 (Cohn), Chapter 539, Statutes of 2006, provides  
               that the VCGCB may authorize more than one reimbursement  
               for relocation of one victim per crime if necessary for the  
               personal safety or emotional well being of the victim.  The  
               total cash payment or reimbursement for all relocations due  
               to the same crime shall not exceed the current $2,000.   

             c)   AB 2413 (Spitzer), Chapter 571, Statutes of 2006,  
               creates a pilot program to allow victims of crime to be  
               reimbursed for child care expenses incurred as a result of  
               the crime.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Coalition Against Sexual Assault
          California Probation, Parole and Correctional Association
          Chief Probation Officers of California
          Crime Victims United of California
          Los Angeles County District Attorney's Office
           
            Opposition 

           Taxpayers for Improving Public Safety









                                                                  SB 314
                                                                  Page 9


           Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744