BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  AB 934                      HEARING:  6/12/13
          AUTHOR:  Cooley                       FISCAL:  Yes
          VERSION:  3/21/13                     TAX LEVY:  No
          CONSULTANT:  Austin                   

                      LOCAL AGENCIES AND RESTITUTION FUNDS
          

          Requires local agencies to document a reasonable effort to  
          locate victims owed restitution.


                           Background and Existing Law  

          The California Constitution provides that all persons who  
          suffer losses as a result of criminal activity will have  
          the right to restitution from the perpetrators of the  
          crimes, unless there are compelling and extraordinary  
          reasons (Article I, Section 28).

          A county that holds victim restitution funds can designate  
          an agency to transfer funds to:
                 The California Victim Compensation and Government  
               Claims Board (CVCGCB) for direct payment to the  
               victim, 
                 The Restitution Fund, to the extent that the victim  
               has received assistance pursuant to that program, or 
                 The victim directly. 

          The sentencing court will be provided a record of the  
          payments made to the victims and of the payments deposited  
          to the Restitution Fund.

          When a victim cannot be located, the restitution revenues  
          received by the CVCGCB, or the designated agency at the  
          county level, on the victim's behalf are held where the  
          funds are deposited, in trust in the Restitution Fund.  The  
          funds are held until the end of the state fiscal year 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 will  
          revert to the Restitution Fund (AB 2041, Baker, 1983).

          In 1995, the Legislature required victim restitution moneys  




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          to be either deposited into the Restitution Fund, or used  
          by the local agency for purposes of victim services after  
          the expiration of a three-year period.  Once a judgment has  
          been made to award restitution moneys to victims, and  
          victims have not been found, the only notice that is  
          required is publication in the newspaper (SB 911, Marks,  
          1995).

          Last year, the Legislature approved legislation requiring  
          courts to assess a post release community supervision or  
          mandatory-supervision revocation fine in the same amount as  
          that imposed for a restitution fine, and authorizes local  
          agencies to collect them.  This change 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 (SB 1210,  
          Lieu, 2012).  Also last year, the Legislature authorized  
          prosecutors to send victim contact information to CDCR,  
          without the victim's consent, for purposes of distributing  
          restitution (AB 2251, Feuer, 2012).

          Some local officials want local agencies to be required to  
          make reasonable efforts to locate victims of crime who are  
          owed restitution before the local agency transfers  
          unclaimed funds to the Restitution Fund or uses the funds  
          for victim services.


                                   Proposed Law  

          Assembly Bill 934 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.

          AB 934 provides that, if the Commission on State Mandates  
          determines that the bill contains costs mandated by the  
          state, reimbursement to local agencies and school districts  
          for those costs  must be made pursuant to current law  
          governing state-mandated local costs.


                               State Revenue Impact
           
          Unknown.





          AB 934 -- 3/21/13 -- Page 3





                                     Comments  

          1.   Purpose of the bill  .  Some local officials want to  
          ensure that agencies make a sincere and reasonable effort  
          to get victims the restitution fees due to them.   
          Currently, the only notice that is required is publication  
          in the newspaper.  This form of notice is rarely effective.  
           The procedure used by investigators to find witness,  
          including contacting them through previous listed phone  
          numbers, addresses, emails, and social media, is far more  
          intensive.  The Los Angeles County District Attorney Jackie  
          Lacey notes that money may be collected on behalf of  
          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."  
            AB 934 advances the laudable goal of providing crime  
          victims with restitution that state laws provide to them.

          2.  What constitutes reasonable  ?  The lack of definition for  
          what it means to "document" reasonable effort and for what  
          "reasonable effort" demands may hinder the goal of getting  
          more victims the restitution funds owed to them.  Although  
          this allows for flexibility in approach, the lack of  
          definition may also lead to a lack of uniformity in  
          compliance from one local jurisdiction to another.  The  
          Committee may want to consider defining the documentation  
          of a reasonable effort.  



                                 Assembly Actions  

          Assembly Local Government:      9-0 
          Assembly Appropriations:      17-0 
          Assembly Floor:                    70-0    
             



                         Support and Opposition  (6/6/13)






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           Support  :  Los Angeles District Attorney.

           Opposition  :  Unknown.