BILL ANALYSIS Ó
SB 1210
Page 1
SENATE THIRD READING
SB 1210 (Lieu)
As Amended August 20, 2012
2/3 vote
SENATE VOTE :38-0
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Gatto, Harkey, |
| |Hagman, Mitchell, Hall | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Fuentes, |
| | | |Hall, Hill, Cedillo, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Requires the court to assess a post-release community
supervision (PRCS) or mandatory-supervision revocation fine in
the same amount as that imposed for the restitution fine and
authorizes local agencies to collect them. Specifically, this
bill :
1)Requires the court to assess a PRCS-revocation fine or a
mandatory-supervision revocation fine in the same amount as
that imposed for the restitution fine.
2)States that the PRCS-revocation fine and mandatory-supervision
revocation fines are suspended unless the terms of PRCS or
mandatory supervision are violated and the defendant is
incarcerated in the county jail for that violation.
3)Provides that the PRCS-revocation fine and the
mandatory-supervision revocation fine are not subject to
penalty assessments.
4)Specifies that the fine money shall be deposited in the
restitution fund.
5)Provides that any part of a restitution fine that remains
unsatisfied after a defendant is no longer on PRCS or
mandatory supervision is enforceable by the California Victims
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Compensation and Government Claims Board (VCGCB).
6)Provides that any part of a restitution order that remains
unsatisfied after a defendant is no longer on PRCS or
mandatory supervision is enforceable by the victim.
7)States that local collection programs may continue to enforce
victim restitution orders once a defendant is no longer on
probation, PRCS, or mandatory supervision.
8)Specifies that the period for enforcement of judgments found
in Civil Procedure Code Sections 683.010 et seq. does not
apply to court-ordered fines, forfeitures, penalties, fees, or
assessments.
9)Provides that if the board of supervisors chooses to designate
the county sheriff as the collecting agency, it must first
obtain the concurrence of the county sheriff.
10)Authorizes the agency designated by the board of supervisors
in the county of incarceration to deduct 20% to 50% from the
wages and trust account deposits of a county-jail inmate
serving a sentence under realignment and owing a restitution
fine, and to transfer that amount to the VCGCB for deposit in
the restitution fund.
11)Authorizes the agency designated by the board of supervisors
in the county of incarceration to deduct 20% to 50% from the
wages and trust account deposits of a county-jail inmate
serving a sentence under realignment and owing a victim
restitution order, and to transfer that amount to the VCGCB
for payment to the victim or to pay the victim directly.
12)Requires that the sentencing court be provided a record of
payments made to the crime victim and to the restitution fund.
13)Allows the agency designated by the board of supervisors in
the county of incarceration to withhold an administrative fee
to be held in a special deposit account for the purposes of
reimbursing administrative and support costs of the
restitution program, as specified.
14)Directs the local agency designated by the board of
supervisors to collect the restitution order first when a
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county-jail inmate serving a sentence under realignment owes
both a restitution fine and a restitution order.
15)Allows the garnishment of any compensatory or punitive
damages awarded to an defendant placed on PRCS or on mandatory
supervision in connection with a civil action brought against
any federal, state, or local jail or prison to satisfy
outstanding restitution orders or fines.
16)Allows a victim who does not timely provide a current address
to the VCGCB to provide documentation to the local agency
designated by the board of supervisors which in turn may
verify that money was in fact collected by VCGCB on the
victim's behalf. Upon receipt of verified information, the
VCGCB shall transmit restitution revenues to the victim.
17)States that juvenile court orders regarding fines, penalties,
bail, forfeiture, and victim restitution, can now be referred
to the Franchise Tax Board for collection.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)No state cost.
2)Unknown significant increase, in the millions of dollars, to
the state Restitution Fund to the extent local administration
and collection efforts are successful. Assuming local
administration and collection efforts are moderately
successful, Restitution Fund revenue should remain relatively
consistent with recent levels.
3)Unknown, potentially significant, nonreimbursable costs to
local governments - likely county sheriff offices - for
additional workload to create and administer collection
efforts. Several county sheriff offices have expressed
reservations regarding workload that may exceed the allowed
administrative deductions from inmate funds. While this bill
only authorizes such collection efforts, should county boards
task sheriffs' offices with these responsibilities, sheriffs
would presumably bear any costs that exceed administrative
deductions.
COMMENTS : According to the author, "Last year, AB 109 realigned
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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
counties the authority to collect restitution for victims from
these convicted felons.
"SB 1210 corrects this oversight by providing counties with the
authority to collect restitution from these offenders in order
to help the victims of their crimes receive the restitution they
are rightfully due."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0005119