BILL NUMBER: SB 432	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2009

INTRODUCED BY   Senator Runner

                        FEBRUARY 26, 2009

   An act to amend Section  1202.4   1203c 
of the Penal Code, relating to restitution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 432, as amended, Runner. Crime victims: restitution. 
   Existing law requires the probation officer of the county from
which a person is committed to an institution under the jurisdiction
of the Department of Corrections and Rehabilitation to send to the
department a report of the circumstances surrounding the offense and
the prior record and history of the defendant, as specified. 

   This bill would, in addition, require the probation officer of the
county from which a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation to
send to the department a victim's contact information, if the victim
consents, when the court has ordered the defendant to pay restitution
to the victim, as specified. This bill would state that the victim's
contact information would remain confidential, as specified. By
imposing additional duties on probation officers, this 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Under existing law, in every case in which a victim has suffered
economic loss as a result of the defendant's conduct, the court is
required to impose an order upon the defendant to make restitution to
the victim or victims, as specified.  
   This bill would authorize the court and the counties, whenever a
person who has been ordered to pay restitution to a victim is also
sentenced to a term of imprisonment in state prison, to provide the
victim's contact information to the Department of Corrections and
Rehabilitation, along with the restitution order, for the purposes of
the department distributing the restitution collected on the victim'
s behalf. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no   yes  .


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 Corrections Standards Authority,
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 shall send to the Department of
Corrections and Rehabilitation the victim's contact information and a
copy of the restitution order for the purpose of distributing the
restitution collected on behalf of the victim.  
   (2) The contact information shall remain confidential and shall
not be made part of the court file or combined with any public
document. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  All matter
omitted in this version of the bill appears in the bill as introduced
in the Senate, February 26, 2009 (JR11)