BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2251|
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THIRD READING
Bill No: AB 2251
Author: Feuer (D), et al.
Amended: 6/18/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/12/12
AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon
ASSEMBLY FLOOR : 77-0, 4/16/12 (Consent) - See last page
for vote
SUBJECT : Collection of restitution orders from inmates:
payments to victims
SOURCE : Los Angeles County District Attorney
Crime Victims Action Alliance
DIGEST : This bill (1) authorizes a district attorney to
provide the restitution order for a victim and the victims
contact information to the Department of Corrections and
Rehabilitation (CDCR) so that restitution collected from an
inmate can be paid to the victim through the Victim
Compensation and Government Claims Board (VCGCB); (2)
conditions the providing of the victim's contact
information to CDCR on a finding by the district attorney
that doing so is in the best interests of the victim; and
(3) provides that consent of the victim is not required in
such circumstances.
CONTINUED
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ANALYSIS : Existing provisions in the California
Constitution state that all persons who suffer losses as a
result of criminal activity shall have the right to
restitution from the perpetrators of these crimes. Where a
convicted defendant has been ordered to pay direct
restitution to a victim, money collected from the defendant
shall be first be applied to satisfy the restitution order.
(California Constitution. Article 1 Section 28, subd.
(b)(13))
Existing law states legislative intent that a victim of
crime who incurs any economic loss as a result of the
commission of a crime shall receive restitution directly
from any defendant convicted of that crime. (Penal Code
(PEN) Section 1202.4, subd. (a)(1))
Existing law directs the court to order a defendant to make
restitution to the victim or victims of the defendant's
crime. The court shall order full restitution for the
losses caused by the defendant's crime unless the court
finds and states compelling and extraordinary reasons for
not doing so. (PEN Section 1202.4, subd. (f))
Existing law provides that a criminal restitution order
shall be enforceable as though it were a civil judgment.
(PEN Section 1202.4, subd. (i))
Existing law creates the Victims of Crime Program,
administered by the VCGCB, to reimburse victims of crime
for the pecuniary losses they suffer as a direct result of
criminal acts. Indemnification is made from the
Restitution Fund (Fund), which is continuously appropriated
to the VCGCB. (Government Code Sections 13950-13968)
Existing law provides that when a defendant is sentenced to
state prison and owes a restitution fine or a restitution
order, the CDCR shall deduct 20 to 50% from the prisoner's
wages and trust account to satisfy these obligations.
These funds shall be transmitted to the VCGCG for direct
payment to a victim, for deposit into the Fund for payments
to qualifying victims, and to reimburse the VCGCB for
payments made to victims. (PEN Section 2085.5, subd.
(a)-(b))
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Existing law provides that where money for victim
restitution is transferred from an inmate's trust account
to the VCGCB, the restitution shall be paid to the victim,
as follows:
The money shall be paid to the victim within 60 days.
If the victim cannot be located, the money shall be
held in the Fund until the end of the next fiscal year
or until the victim has provided current address
information.
Amounts not paid by the end of the following fiscal
year shall revert to the Fund.
After the money has reverted to the Fund, the victim
may provide documentation to CDCR. Upon verification by
CDCR that restitution was collected on behalf of the
victim, the VCGCB shall transmit the restitution to the
victim. (PEN Section 2085.5, subd. (k))
This bill authorizes the district attorney of the county
from which the defendant is committed to prison to send the
victim's contact information and a copy of the restitution
order to CDCR for the sole purpose of payment of
restitution collected from an inmate on the victim's behalf
if the district attorney finds it is in the best interest
of the victim to send that information. If the victim
affirmatively objects, the district attorney shall not send
the victim's contact information to the CDCR. The district
attorney shall not be required to inform the victim of the
right to object.
This bill permits this information to be sent without the
victim's consent.
Prior legislation . SB 432 (Runner), Chapter 49, Statutes
2009.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/18/12)
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Los Angeles County District Attorney (co-source)
Crime Victims Action Alliance (co-source)
Association for Los Angeles Deputy Sheriffs
California Correctional Peace Officers Association
California District Attorneys Association
California State Sheriffs' Association
Crime Victims United of California
Riverside Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author:
The California Department of Corrections and
Rehabilitation (hereinafter CDCR) collects monies from
inmate accounts to pay victims of crime on direct
restitution orders and also to repay disbursements from
the Victims Compensation Fund back to the Victims
Compensation Government Claims Board. Penal Code section
1203c(d)(1) states that, "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." The statute is silent as to the ability of
prosecutors to provide this information to the CDCR.
There is currently a substantial backlog of cases where
CDCR has collected restitution from an inmate that goes
back a number of years. The list of cases where
restitution has actually been collected numbers at about
3,200. There are also cases where the CDCR has not yet
collected from an inmate account, but they are aware
that there is a restitution order and will begin to
collect from the inmate when money is in the account.
These cases number well over 20,000. In all of these
cases, no victim contact information has been provided
to the CDCR. The CDCR has a court order mandating the
payment of restitution but no way to pay because they do
not have victim contact information.
ASSEMBLY FLOOR : 77-0, 4/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
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Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Cedillo, Davis, Furutani
RJG:k 6/18/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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