BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1210|
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                                 THIRD READING


          Bill No:  SB 1210
          Author:   Lieu (D)
          Amended:  5/30/12
          Vote:     27

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/17/12
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    Victim restitution:  realignment

            SOURCE  :     California District Attorneys Association
                       Crime Victims Action Alliance 
                       Los Angeles County District Attorneys Office


           DIGEST  :    This bill makes essentially technical revisions 
          to victim restitution statutes to include persons subject 
          to local supervision according to provisions of the 2011 
          Public Safety Realignment, as specified.

           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.  
          Restitution shall be ordered in every case unless 
          compelling and extraordinary reasons exist to the contrary. 
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           The Legislature shall adopt provisions to implement this 
          section during the calendar year following adoption of this 
          section.  (California Constitution, Article 1, Section 
          28(b))

          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 provides that where a defendant is committed 
          to prison and subject to parole, the court shall impose a 
          separate parole restitution fine in the same amount as the 
          restitution fine itself.  This additional parole revocation 
          restitution fine is not subject to penalty assessments, as 
          specified, or a specified state surcharge, and shall be 
          suspended unless the person's parole is revoked.  Parole 
          revocation restitution fine moneys are deposited in the 
          Restitution Fund in the State Treasury.  (PEN Section 
          1202.45)

          This bill revises this provision to provide additionally 
          that in every case where a person is convicted of a crime 
          and is subject to either postrelease community supervision, 
          as specified (PEN Section 3451), or mandatory supervision 
          as a felon sentenced pursuant to Pen Section 
          1170(h)(5)(jail felony sentencing), and the person violates 
          the terms of the postrelease community supervision or 
          mandatory supervision and is incarcerated in a county jail 
          for that violation, the person shall pay a fine that may be 
          collected by the agency designated by the board of 
          supervisors of the county in which the prisoner is 
          incarcerated.

          Existing law generally provides for the enforcement of 
          fines, including restitution fines, as specified, and 
          provides that any "portion of a restitution order that 
          remains unsatisfied after a defendant is no longer on 
          probation or parole is enforceable by the victim pursuant 
          to this section."  (PEN Section 1214)

          This bill amends this section to include a reference to 
          defendants no longer on postrelease community supervision, 







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          as specified (PEN Section 3451), and mandatory supervision 
          imposed pursuant to PEN Section 1170(h)(5)(B)(jail felony 
          sentencing).

          Existing law provides for the Secretary of the Department 
          of Corrections and Rehabilitation to make deductions from 
          an inmate's wages and trust account deposits and 
          transferred for deposit in the Restitution Fund where a 
          prisoner owes a restitution fine, as specified.  (PEN 
          Section 2085.5)

          This bill provides that when a prisoner is punished by 
          imprisonment in a county jail pursuant to subdivision (h) 
          of Section 1170, in any case in which a prisoner owes a 
          restitution fine imposed pursuant to subdivision (a) of 
          Section 13967 of the Government Code, as operative prior to 
          September 28, 1994, subdivision (b) of Section 730.6 of the 
          Welfare and Institutions Code, or subdivision (b) of 
          Section 1202.4, the agency designated by the board of 
          supervisors in the county where the prisoner is 
          incarcerated is authorized to deduct a minimum of 20% or 
          the balance owing on the fine amount, whichever is less, up 
          to a maximum of 50% 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 and Government Claims 
          Board for deposit in the Restitution Fund in the State 
          Treasury.  Any amount so deducted shall be credited against 
          the amount owing on the fine.  The sentencing court shall 
          be provided a record of the payments.

          This bill provides that when 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 is authorized to deduct and retain from the 
          county jail equivalent of wages and trust account deposits 
          of a prisoner, unless prohibited by federal law, and 
          administrative fee that totals 10% of any amount 
          transferred to the California Victim Compensation and 
          Government Claims Board pursuant to subdivision (b) or (d). 
           The agency is authorized to deduct and retain from any 
          prisoner settlement or trial award, an administrative fee 
          that totals 5% of any amount paid from the settlement or 







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          award to satisfy an outstanding restitution order or fine 
          pursuant to subdivision (n), unless prohibited by federal 
          law.  The agency shall deposit the administrative fee 
          monies in a special deposit account for reimbursing 
          administrative and support costs of the restitution program 
          of the agency.  The agency is authorized to retain any 
          excess funds in the special deposit account for future 
          reimbursement to 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.

          This bill provides that any victim failing to provide a 
          current address within the specified period of time 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 in turn may verify 
          that monies were in fact collected on behalf of the victim. 
           Upon receipt of that verified information from the agency, 
          the California Victim Compensation and Government Claims 
          Board shall transmit the restitution revenues to the victim 
          in accordance with the provisions of subdivision (d) or 
          (h).

          Existing law generally provides that restitution fines for 
          criminal offenses imposed by a superior court be referred 
          to the Franchise Tax Board for collection under guidelines 
          prescribed by the Franchise Tax Board, as specified.  
          (Revenue and Taxation Code Section 19280)  

          This bill revises this provision to expressly include a 
          juvenile court.  

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

           Ongoing potentially significant increased revenue to the 
            Restitution Fund, dependent upon the level and rate of 
            collection.

           One-time and annual ongoing potentially significant costs 







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            to local agencies to update existing revenue collection 
            systems or fund increased vendor contracts to accommodate 
            the new and ongoing increased workload related to the 
            collection of restitution for realigned jail felons. To 
            the extent the 10 percent administrative fee does not 
            fully cover a county's total costs, any additional costs 
            could potentially be determined reimbursable 
            state-mandated costs (General Fund).

           Minor ongoing costs to the Franchise Tax Board for debt 
            collection activities, fully offset by revenues 
            collected. 

          The 2012-13 Governor's Budget projections reflect a 
          Restitution Fund balance of $19.3 million 2011-12 and $8.4 
          million in 2012-13.  Restitution fine revenue for the past 
          three years has been $66.8 million in 2008-09, $63.3 
          million in 2009-10, and $62.5 million in 2010-11.

           SUPPORT  :   (Verified  5/30/12)

          California District Attorneys Association (co-source)
          Crime Victims Action Alliance (co-source)
          Los Angeles County District Attorney's Office (co-source)
          California Police Chiefs Association
          Crime Victims United of California


           ARGUMENTS IN SUPPORT  :    The author states:

            Last year, AB 109 realigned public safety services in 
            California.  As part of the Realignment plan thousands of 
            convicted felons are no longer being sent to the 
            California Department of Corrections and Rehabilitation 
            (CDCR), instead they are being housed in local jails.  
            Unfortunately, the Realignment plan failed to give 
            sheriffs the authority to collect restitution for victims 
            from these convicted felons.  SB 1210 corrects this 
            oversight by providing California's sheriffs the 
            authority to collect restitution from these offenders in 
            order to help the victims of their crimes receive the 
            restitution they are rightfully due.

            Restitution is mandated by the California Constitution 







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            and was amended in 1989 to explicitly state that it is 
            "the unequivocal intention of the People of the State of 
            California that all persons who suffer losses as a result 
            of criminal activity shall have the right to seek and 
            secure restitution from the persons convicted of the 
            crimes causing the losses they suffer." (Cal. Const., 
            Art. I § 28,  subd. (b)(13)(A).)

            As part of a defendant's sentence, a court will order the 
            defendant to pay restitution to their victims for the 
            losses suffered by the victim as a result of the 
            defendant's criminal activity.  In order to help crime 
            victims collect the restitution they are constitutionally 
            due, CDCR deducts a minimum of 20% up to a maximum of 50% 
            from the wages and trust account deposits a prisoner has 
            and transfers that money to the California Victim 
            Compensation and Government Claims Board for direct 
            payment to the victim.  

            As part of last year's Realignment plan, defendants 
            convicted of certain felony crimes must be incarcerated 
            in county jails rather than a state prison.  
            Unfortunately, when this occurs, the Realignment plan 
            failed to include any provisions for the collection of 
            restitution by county sheriffs.
            SB 1210 provides local governments with the same 
            authority the state has to collect restitution from these 
            offenders in order to help the victims of their crimes 
            and to collect fines owed to the state when offenders are 
            incarcerated in a county jail instead of a state prison.  


            SB 1210 would also give counties the right to collect a 
            parole revocation fine when an offender violates parole 
            after being incarcerated in county jail instead of state 
            prisons.  The parole revocation fines are used by the 
            California Victim Compensation Program to help cover 
            treatment and other support services for victims and 
            their families. 

            Right now felons who are sentenced to county jail rather 
            than state prison pursuant to California's newly enacted 
            realignment plan are not paying their victims for the 
            losses they caused by their criminal activity, despite 







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            the requirement in California's constitution that victims 
            have a right to restitution from their perpetrators for 
            the losses they suffered, nor are parolees who are 
            serving their parole revocation in county jails instead 
            of state prisons paying their parole revocation fines.  
            These oversights must be corrected so that crime victims 
            receive the restitution they deserve and so that these 
            prisoners do not receive an unforeseen windfall from the 
            Realignment plan.


          RJG:kcm  5/30/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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