BILL NUMBER: SB 432	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 28, 2009
	PASSED THE ASSEMBLY  JULY 9, 2009
	AMENDED IN SENATE  MAY 21, 2009
	AMENDED IN SENATE  MAY 5, 2009

INTRODUCED BY   Senator Runner

                        FEBRUARY 26, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 432, 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, authorize 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.


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 may 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.