BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 934
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          Date of Hearing:  April 24, 2013

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                           K.H. "Katcho" Achadjian, Chair
                    AB 934 (Cooley) - As Amended:  March 21, 2013
           
          SUBJECT  :  Local agencies: unclaimed money.

           SUMMARY  :  Requires local agencies to document a reasonable  
          effort to locate victims to whom restitution is owed.   
          Specifically,  this bill  :

          1)Requires a local agency to document that it has made a  
            reasonable effort to locate the victim to whom restitution is  
            owed before depositing funds into the Restitution Fund or  
            using those funds for victim services.

          2)Provides that, if the Commission on State Mandates determines  
            that this bill contains costs mandated by the state,  
            reimbursement to local agencies and school districts for those  
            costs shall be made pursuant to current law governing  
            state-mandated local costs.

           EXISTING LAW  :

          1)Provides, pursuant to the California Constitution, that all  
            persons who suffer losses as a result of criminal activity  
            shall have the right to restitution from the perpetrators of  
            the crimes.  Restitution must be ordered in every case unless  
            compelling and extraordinary reasons exist to the contrary.

          2)States that, when a prisoner owes victim restitution, the  
            Secretary of the California Department of Corrections and  
            Rehabilitation (CDCR) shall deduct a minimum of 20% or the  
            balance owing on the ordered amount, whichever is less, and up  
            to a maximum of 50% from the wages and trust account deposits  
            of a prisoner.  The Secretary shall transfer that amount to  
            the California Victim's Compensation and Government Claims  
            Board (CVCGCB) for direct payment to the victim, or payment  
            shall be made to the Restitution Fund to the extent that the  
            victim has received assistance pursuant to that program. 

          3)States that in any case in which a victim cannot be located,  
            the restitution revenues received by the CVCGCB on the  
            victim's behalf shall be held in trust in the Restitution Fund  








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            until the end of the state fiscal year subsequent to the state  
            fiscal year in which the funds were deposited or until the  
            time that the victim has provided current address information,  
            whichever occurs sooner.  Amounts remaining in trust at the  
            end of the specified period of time shall revert to the  
            Restitution Fund.  

          4)Requires the court to assess a post-release community  
            supervision (PRCS) or mandatory-supervision revocation fine in  
            the same amount as that imposed for a restitution fine and  
            authorizes local agencies to collect them.

          5)Authorizes prosecutors to send a victim's contact information  
            to CDCR without the victim's consent for purposes of  
            distributing restitution.

          6)Provides that money, excluding restitution to victims, that is  
            not the property of a local agency that remains unclaimed in  
            its treasury or in the official custody of its officers for  
            three years is the property of the local agency after notice  
            if not claimed or if no verified complaint is filed and  
            served. 

          7)Provides that, at any time after the expiration of the  
            three-year period, the treasurer of the local agency may cause  
            a notice to be published once a week for two successive weeks  
            in a newspaper of general circulation published in the local  
            agency. 

          8)Requires money representing restitution collected on behalf of  
            victims to be either deposited into the Restitution Fund or  
            used by the local agency for purposes of victim services after  
            the expiration of the three-year period. 

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)This bill requires a local agency to document that it has made  
            a reasonable effort to locate crime victims to whom  
            restitution is owed before depositing unclaimed funds into the  
            Restitution Fund or using those funds for victim services.   
            This bill is sponsored by Los Angeles County District Attorney  
            Jackie Lacey.









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          2)According to the author, "Restitution is a right under the  
            California Constitution and California statutes.  This right  
            was most recently strengthened by the passage of Marsy's Law.   
            It is clear that the will of the people in this state favors  
            the disbursement of restitution to a crime victim."

          3)According to the author's office, in July of 2011, the CDCR  
            made the Los Angeles District Attorney's office aware of  
            $217,555.48 that had gone undisbursed and owed to nearly 4,000  
            not fully identifiable crime victims in Los Angeles County.   
            In one case, one victim was owed approximately $18,000.  The  
            CDCR had made efforts to locate victims and disburse monies  
            collected.  However, they are not the only collectors of  
            restitution.  Local probation departments, the Franchise Tax  
            Board, and local county agencies are all authorized to collect  
            restitution.

          4)Last year, the Legislature approved SB 1210 (Lieu), Chapter  
            762, Statutes of 2012, which requires courts to assess a PRCS  
            or mandatory-supervision revocation fine in the same amount as  
            that imposed for a restitution fine and authorizes local  
            agencies to collect them.  This was part of California's  
            corrections realignment plan, which shifted responsibility  
            from the state to counties for the custody, treatment, and  
            supervision of individuals convicted of specified nonviolent,  
            non-serious, non-sex crimes.

            Also last year, the Legislature approved AB 2251 (Feuer),  
            Chapter 124, Statutes of 2012, which authorizes prosecutors to  
            send victim contact information to CDCR without the victim's  
            consent for purposes of distributing restitution.

            This bill is a follow-up measure that requires local agencies  
            (in practical terms, counties) to make a reasonable effort to  
            locate victims of crime who are owed restitution before the  
            local agency transfers unclaimed restitution funds to the  
            Restitution Fund or uses the funds for victim services.

          5)This bill is keyed a state mandate, which means the state  
            could be required to reimburse local agencies for implementing  
            the bill's provisions if the Commission on State Mandates  
            determines that the bill contains costs mandated by the state.

           6)Support arguments  :  Los Angeles County District Attorney  
            Jackie Lacey notes that money may be collected on behalf of  








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            victims by probation departments and prosecutors as well as  
            the state.  Due to realignment of the prison population,  
            increasing numbers of crime victims will rely on local  
            government rather than CDCR to collect restitution.  She  
            states that "it is time to update this law to assure that  
            crime victims will receive the money that is owed to them."

           7)Opposition arguments  :  Opponents could question the lack of  
            definition for what it means to "document" reasonable effort  
            and for what "reasonable effort" entails, and what could  
            consequently be a lack of uniformity in compliance from one  
            local jurisdiction to another.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles County District Attorney Jackie Lacey

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Angela Mapp / L. GOV. / (916) 319-3958