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), et al. Amended: 5/16/12 Vote: 27 - Urgency 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. Senate Floor Amendments of 5/16/12 add an urgency clause and coauthors. 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. CONTINUED SB 1371 Page 2 (b)(13)(A)-(C)) 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 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, CONTINUED SB 1371 Page 3 disbursement shall be made in the following order: o Direct restitution. 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 CONTINUED SB 1371 Page 4 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 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. Comments 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:J:nl 5/17/12 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED