BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1371|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1371
Author: Anderson (R)
Amended: 04/19/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 04/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Restitution and restitution fines
SOURCE : Author
DIGEST : This bill provides that where a defendant has
been ordered to pay a restitution fine or direct
restitution, the defendant may not satisfy the obligation
through time spent in custody, calculated at the statutory
rate of $30 per day.
ANALYSIS : Existing provisions in the California
Constitution state that all crime victims have the right to
seek and secure restitution from the perpetrators of these
crimes. Restitution must be ordered in every case without
exception. Where a defendant has been ordered to pay
restitution, all money, or property collected from the
defendant must be first applied to satisfy restitution
orders. (California Const. Art. 1 Section 28, subd.
(b)(13)(A)-(C))
Existing law states legislative intent that a victim of
CONTINUED
SB 1371
Page
2
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
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. (Penal Code Section 1202.4, subd. (f))
Existing law provides that a criminal restitution order
shall be enforceable as though it were a civil judgment.
(Penal Code Section 1202.4, subd. (i))
Existing law provides in every case where a person is
convicted of a crime, the court shall impose a separate and
additional restitution fine unless the court finds
compelling and extraordinary reasons for not doing so and
states those reasons on the record. The restitution fine
for a misdemeanor shall be no less than $120 and no more
than $1,000. The restitution fine for a felony shall be no
less than $240 and no more than $10,000. Where a defendant
is committed to prison, the court may set the restitution
fine as the product of the number of years of imprisonment
and $200. Restitution fines are not subject to penalty
assessments. (Penal Code Section 1202.4, subd. (b))
Existing law provides where an order is made for payment of
restitution, reimbursement for legal assistance, the costs
of probation, the cost of jail or confinement, or any
reimbursable cost, the court or county financial officer -
after determining the amount of any fine and penalty
assessments - shall apply the following priorities:
If full payment is made, the court shall apportion the
money.
If installment payments are made, or money is collected
by the Franchise Tax Board collection service,
disbursement shall be made in the following order:
o Direct restitution.
CONTINUED
SB 1371
Page
3
o State surcharges of 20% on top of penalty
assessments added to fines.
o Fines, penalty assessments and restitution fines -
made proportionately.
o Any other reimbursable costs. (Penal Code Section
1203.1d.)
Existing law creates the Victims of Crime Program,
administered by the California Victim Compensation and
Government Claims Board (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, which is continuously appropriated to the
VCGCB. Restitution fines are deposited into the fund.
(Gov. 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 California Department of Corrections and
Rehabilitation may deduct 20 to 50% from the prisoner's
wages to satisfy these obligations. These funds shall be
transmitted to the VCGCB for direct payment to a victim,
for deposit into the Restitution Fund for payments to
qualifying victims, and to reimburse the VCGCB for payments
made to victims. (Penal Code Section 2085.5, subd.
(a)-(b))
Existing law provides that where the court orders a
criminal defendant to pay a fine, with or without other
punishment, the court may direct that the defendant be
imprisoned until the fine is paid. The time of
imprisonment shall be calculated as no more than one day
for each $30 owed in fines. A defendant imprisoned for
non-payment of a fine shall be credited on the fine for
each day of imprisonment. (Penal Code Section 1205, subd.
(a))
Existing law provides where the court imposes a fine as a
condition of probation, including imposition of
"restitution fines or restitution orders," the defendant
shall pay the fine to the court clerk. Upon default, the
court shall order the arrest of the defendant who shall
show cause why he or she should not be imprisoned until the
fine is paid. If the court has given the defendant time to
CONTINUED
SB 1371
Page
4
pay the fine, or allowed payment of the fine in
installments, the court shall order the defaulting
defendant to be imprisoned until the fine is paid. (Penal
Code Section 1205, subd. (b))
Existing law concerning imprisonment for non-payment of
fines shall apply to restitution fines and restitution
orders only if the defendant has defaulted on other fines.
(Penal Code Section 1205, subd. (e))
This bill provides that where a defendant has been ordered
to pay direct restitution to a victim or a restitution
fine, or both, the defendant may not satisfy the obligation
or obligations through time spent in custody, as specified,
at the statutory rate of $30 per day.
According to the author:
The purpose of Senate Bill 1371 is simply to ensure
that restitution fines and orders are not eligible to
be converted to additional time in prison. With this
bill, we can minimize the loss of potential
restitution collection.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
RJG:nl 4/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
CONTINUED