Amended in Assembly July 3, 2014

Amended in Assembly June 12, 2014

Amended in Assembly March 10, 2014

Amended in Assembly June 18, 2013

Amended in Senate May 8, 2013

Amended in Senate April 1, 2013

Senate Bill No. 419

Introduced by Senator Block

February 21, 2013

An act to amend Sections 1214 and 2085.5 of the Penal Code, relating to restitution.

LEGISLATIVE COUNSEL’S DIGEST

SB 419, as amended, Block. Restitution: collection of fines and fees.

(1) Existing law requires the court to order criminal defendants to pay restitution to the victim or victims as well as a restitution fine. Existing law makes any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision, or mandatory supervision, or after the defendant has completed diversion enforceable by the California Victim Compensation and Government Claims Board, as specified, and authorizes a local collection program to continue to enforce restitution orders once a defendant is no longer on probation, postrelease community supervision, or mandatory supervision.

This bill, in addition, would make restitution fines and fees that remain unsatisfied after a person has completed a term in custody in a county jail enforceable by the California Victim Compensation and Government Claims Board and would authorize a local collection program to continue to collect those fines and fees.

(2) Existing law authorizes the collection of restitution fines and fees from inmates in county jails by an agency designated by the county board of supervisors. Existing law authorizes the local agency to deduct and retain administrative fees for fines collected from certain county jail inmates.

This bill would also authorize the local agency to charge those county jail inmates, upon their release from custody, a fee to cover the actual administrative cost of collection, up to 10% of the total amount ordered to be paid.

begin insert

(3) This bill would, contingent upon the enactment of SB 1197 of the 2013-14 Regular Session, incorporate additional conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1214 of the Penal Code is amended to
read:

1214.  

(a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or
Section 13967 of the Government Code, as operative on or before
September 28, 1994, with or without imprisonment, or a diversion
restitution fee ordered pursuant to Section 1001.90, the judgment
may be enforced in the manner provided for the enforcement of
money judgments generally. Any portion of a restitution fine or
restitution fee that remains unsatisfied after a defendant is no longer
on probation, parole, postrelease community supervision pursuant
to Section 3451, or mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170, after a term in custody pursuant to subparagraph (A) of
paragraph (5) of subdivision (h) of Section 1170, or after
completing diversion is enforceable by the California Victim
Compensation and Government Claims Board pursuant to this
section. Notwithstanding any other provision of law prohibiting
disclosure, the state, as defined in Section 900.6 of the Government
Code, a local public entity, as defined in Section 900.4 of the
Government Code, or any other entity, may provide the California
Victim Compensation and Government Claims Board any and all
information to assist in the collection of unpaid portions of a
restitution fine for terminated probation or parole cases, or of a
restitution fee for completed diversion cases. For purposes of the
preceding sentence, “state, as defined in Section 900.6 of the
Government Code,” and “any other entity” shall not include the
Franchise Tax Board. A local collection program may continue to
begin delete enforce end delete begin insert collect restitution fines and end insert restitution begin delete fine end delete orders once a
defendant is no longer on probation, postrelease community
supervision, or mandatory supervision or after a term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
of Section 1170.

(b) In any case in which a defendant is ordered to pay restitution,
the order to pay restitution (1) is deemed a money judgment if the
defendant was informed of his or her right to have a judicial
determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim’s request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant’s disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision
(f) of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity
of the information contained within the defendant’s financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board
with a certified copy of any order imposing a restitution fine or
order and a copy of the defendant’s disclosure pursuant to
paragraph (5) of subdivision (f) of Section 1202.4, affidavit or
information pursuant to paragraph (6) of subdivision (f) of Section
1202.4, or report pursuant to paragraph (8) of subdivision (f) of
Section 1202.4. A victim shall have access to all resources available
under the law to enforce the restitution order, including, but not
limited to, access to the defendant’s financial records, use of wage
garnishment and lien procedures, information regarding the
defendant’s assets, and the ability to apply for restitution from any
fund established for the purpose of compensating victims in civil
cases. Any portion of a restitution order that remains unsatisfied
after a defendant is no longer on probation, parole, postrelease
community supervision under Section 3451, or mandatory
supervision imposed pursuant to subparagraph (B) of paragraph
(5) of subdivision (h) of Section 1170 or after a term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
of Section 1170 is enforceable by the victim pursuant to this
section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an
order to pay restitution is satisfied. A local collection program may
continue to enforce victim restitution orders once a defendant is
no longer on probation, postrelease community supervision, or
mandatory supervision or after completion of a term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
of Section 1170.

(c) Except as provided in subdivision (d), and notwithstanding
the amount in controversy limitation of Section 85 of the Code of
Civil Procedure, a restitution order or restitution fine that was
imposed pursuant to Section 1202.4 in any of the following cases
may be enforced in the same manner as a money judgment in a
limited civil case:

(1) In a misdemeanor case.

(2) In a case involving violation of a city or town ordinance.

(3) In a noncapital criminal case where the court has received
a plea of guilty or nolo contendere.

(d) Chapter 3 (commencing with Section 683.010) of Division
1 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
to any of the following:

(1) A judgment for court-ordered fines, forfeitures, penalties,
fees, or assessments.

(2) A restitution fine or restitution order imposed pursuant to
Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
operative on or before August 2, 1995, or Section 13967 of the
Government Code, as operative on or before September 28, 1994.

(3) A diversion restitution fee ordered pursuant to Section
1001.90.

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 1214 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1214.  

(a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or
Section 13967 of the Government Code, as operative on or before
September 28, 1994, with or without imprisonment, or a diversion
restitution fee ordered pursuant to Section 1001.90, the judgment
may be enforced in the manner provided for the enforcement of
money judgments generally. Any portion of a restitution fine or
restitution fee that remains unsatisfied after a defendant is no longer
on probation, parole, postrelease community supervision pursuant
to Section 3451, begin insert or end insert mandatory supervision begin delete under end delete begin insert pursuant to end insert
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170, begin delete or has completed end delete begin insert after a term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170, or after completing end insert diversion is enforceable by the California
Victim Compensation and Government Claims Board pursuant to
this section. Notwithstanding any other provision of law prohibiting
disclosure, the state, as defined in Section 900.6 of the Government
Code, a local public entity, as defined in Section 900.4 of the
Government Code, or any other entity, may provide the California
Victim Compensation and Government Claims Board any and all
information to assist in the collection of unpaid portions of a
restitution fine for terminated probation or parole cases, or of a
restitution fee for completed diversion cases. For purposes of the
preceding sentence, “state, as defined in Section 900.6 of the
Government Code,” and “any other entity” shall not include the
Franchise Tax Board. A local collection program may continue to
begin delete enforce end delete begin insert collect restitution fines and end insert restitution orders once a
defendant is no longer on probation, postrelease community
supervision, or mandatory begin delete supervision. end delete begin insert end insert begin insert supervision or after a term
in custody pursuant to subparagraph (A) of paragraph (5) of
subdivision (h) of Section 1170. end insert

(b) In any case in which a defendant is ordered to pay restitution,
the order to pay restitution (1) is deemed a money judgment if the
defendant was informed of his or her right to have a judicial
determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim’s request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant’s disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision
(f) of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity
of the information contained within the defendant’s financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board
with a certified copy of any order imposing a restitution fine or
order and a copy of the defendant’s disclosure pursuant to
paragraph (5) of subdivision (f) of Section 1202.4, affidavit or
information pursuant to paragraph (6) of subdivision (f) of Section
1202.4, or report pursuant to paragraph (8) of subdivision (f) of
Section 1202.4. A victim shall have access to all resources available
under the law to enforce the restitution order, including, but not
limited to, access to the defendant’s financial records, use of wage
garnishment and lien procedures, information regarding the
defendant’s assets, and the ability to apply for restitution from any
fund established for the purpose of compensating victims in civil
cases. Any portion of a restitution order that remains unsatisfied
after a defendant is no longer on probation, parole, postrelease
community supervision under Section 3451, or mandatory
supervision imposed pursuant to subparagraph (B) of paragraph
(5) of subdivision (h) of Section 1170 begin insert or after a term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
of Section 1170 end insert is enforceable by the victim pursuant to this
section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an
order to pay restitution is satisfied. A local collection program may
continue to enforce victim restitution orders once a defendant is
no longer on probation, postrelease community supervision, or
mandatory begin delete supervision. end delete begin insert supervision or after completion of a term
in custody pursuant to subparagraph (A) of paragraph (5) of
subdivision (h) of Section 1170. end insert

begin insert

(c) A defendant who owes a restitution fine, a restitution order,
or any portion thereof, and who is released from the custody of a
county jail facility after a term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170 shall have a continuing obligation to pay the restitution fine
or restitution order in full.

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  Except as provided in subdivision (d), and notwithstanding
the amount in controversy limitation of Section 85 of the Code of
Civil Procedure, a restitution order or restitution fine that was
imposed pursuant to Section 1202.4 in any of the following cases
may be enforced in the same manner as a money judgment in a
limited civil case:

(1) In a misdemeanor case.

(2) In a case involving violation of a city or town ordinance.

(3) In a noncapital criminal case where the court has received
a plea of guilty or nolo contendere.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  Chapter 3 (commencing with Section 683.010) of Division
1 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
to any of the following:

(1) A judgment for begin delete any end delete court-ordered fines, forfeitures, penalties,
fees, or assessments.

(2)  begin delete Any end delete begin insert A end insert restitution fine or restitution order imposed pursuant
to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
operative on or before August 2, 1995, or Section 13967 of the
Government Code, as operative on or before September 28, 1994.

(3)  begin delete Any end delete begin insert A end insert diversion restitution fee ordered pursuant to Section
1001.90.

SEC. 2.  

Section 2085.5 of the Penal Code is amended to read:

2085.5.  

(a) In any case in which a prisoner owes a restitution
fine imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a
minimum of 20 percent or the balance owing on the fine amount,
whichever is less, up to a maximum of 50 percent from the wages
and trust account deposits of a prisoner, unless prohibited by
federal law, and shall transfer that amount to the California Victim
Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. The amount deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.

(b) (1) When a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, in any case
in which a prisoner owes a restitution fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the agency designated by the board of supervisors
in the county where the prisoner is incarcerated is authorized to
deduct a minimum of 20 percent or the balance owing on the fine
amount, whichever is less, up to a maximum of 50 percent from
the county jail equivalent of wages and trust account deposits of
a prisoner, unless prohibited by federal law, and shall transfer that
amount to the California Victim Compensation and Government
Claims Board for deposit in the Restitution Fund in the State
Treasury. The amount deducted shall be credited against the
amount owing on the fine. The sentencing court shall be provided
a record of the payments.

(2) If the board of supervisors designates the county sheriff as
the collecting agency, the board of supervisors shall first obtain
the concurrence of the county sheriff.

(c) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a
minimum of 20 percent or the balance owing on the order amount,
whichever is less, up to a maximum of 50 percent from the wages
and trust account deposits of a prisoner, unless prohibited by
federal law. The secretary shall transfer that amount to the
California Victim Compensation and Government Claims Board
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. The sentencing court shall be
provided a record of the payments made to victims and of the
payments deposited to the Restitution Fund pursuant to this
subdivision.

(d) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in any case in
which a prisoner owes a restitution order imposed pursuant to
subdivision (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, subdivision (h) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the agency designated by the board of supervisors
in the county where the prisoner is incarcerated is authorized to
deduct a minimum of 20 percent or the balance owing on the order
amount, whichever is less, up to a maximum of 50 percent from
the county jail equivalent of wages and trust account deposits of
a prisoner, unless prohibited by federal law. The agency shall
transfer that amount to the California Victim Compensation and
Government Claims Board 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, or
may pay the victim directly. The sentencing court shall be provided
a record of the payments made to the victims and of the payments
deposited to the Restitution Fund pursuant to this subdivision.

(e) The secretary shall deduct and retain from the wages and
trust account deposits of a prisoner, unless prohibited by federal
law, an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (a) or (c). The secretary
shall deduct and retain from any prisoner settlement or trial award,
an administrative fee that totals 5 percent of any amount paid from
the settlement or award to satisfy an outstanding restitution order
or fine pursuant to subdivision (n), unless prohibited by federal
law. The secretary shall deposit the administrative fee moneys in
a special deposit account for reimbursing administrative and
support costs of the restitution program of the Department of
Corrections and Rehabilitation. The secretary, at his or her
discretion, may retain any excess funds in the special deposit
account for future reimbursement of the department’s
administrative and support costs for the restitution program or may
transfer all or part of the excess funds for deposit in the Restitution
Fund.

(f) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated is authorized to deduct and retain from the
county jail equivalent of wages and trust account deposits of a
prisoner, unless prohibited by federal law, an administrative fee
that totals 10 percent of any amount transferred to the California
Victim Compensation and Government Claims Board pursuant to
subdivision (b) or (d). The agency is authorized to deduct and
retain from a prisoner settlement or trial award, an administrative
fee that totals 5 percent of any amount paid from the settlement
or award to satisfy an outstanding restitution order or fine pursuant
to subdivision (n), unless prohibited by federal law. Upon release
from custody pursuant to subdivision (h) of Section 1170, the
agency is authorized to charge a fee to cover the actual
administrative cost of collection, not to exceed 10 percent of the
total amount ordered to be paid. The agency shall deposit the
administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution
program of the agency. The agency is authorized to retain any
excess funds in the special deposit account for future
reimbursement of the agency’s administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.

(g) In any case in which a parolee owes a restitution fine
imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the secretary, or, when
a prisoner is punished by imprisonment in a county jail pursuant
to subdivision (h) of Section 1170, the agency designated by the
board of supervisors in the county where the prisoner is
incarcerated, may collect from the parolee begin insert or person previously
imprisoned in county jail end insert any moneys owing on the restitution fine
amount, unless prohibited by federal law. The secretary or the
agency shall transfer that amount to the California Victim
Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. The amount deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.

(h) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967
of the Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary, or, when a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated or a local collection program, may collect
from the parolee or person previously imprisoned in county jail
any moneys owing, unless prohibited by federal law. The secretary
or the agency shall transfer that amount to the California Victim
Compensation and Government Claims Board 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. The sentencing court shall be provided a record of the
payments made by the offender pursuant to this subdivision.

(i) The secretary, or, when a prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the
county where the prisoner is incarcerated, may deduct and retain
from moneys collected from parolees begin insert or persons previously
imprisoned in county jail end insert an administrative fee that totals 10 percent
of any amount transferred to the California Victim Compensation
and Government Claims Board pursuant to subdivision (g) or (h),
unless prohibited by federal law. The secretary shall deduct and
retain from any settlement or trial award of a parolee an
administrative fee that totals 5 percent of an amount paid from the
settlement or award to satisfy an outstanding restitution order or
fine pursuant to subdivision (n), unless prohibited by federal law.
The agency is authorized to deduct and retain from any settlement
or trial award of a begin delete parolee end delete begin insert person previously imprisoned in county
jail end insert an administrative fee that totals 5 percent of any amount paid
from the settlement or award to satisfy an outstanding restitution
order or fine pursuant to subdivision (n). The secretary or the
agency shall deposit the administrative fee moneys in a special
deposit account for reimbursing administrative and support costs
of the restitution program of the Department of Corrections and
Rehabilitation or the agency, as applicable. The secretary, at his
or her discretion, or the agency may retain any excess funds in the
special deposit account for future reimbursement of the
department’s or agency’s administrative and support costs for the
restitution program or may transfer all or part of the excess funds
for deposit in the Restitution Fund.

(j) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections
and Rehabilitation shall collect the restitution order first pursuant
to subdivision (c).

(k) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170 and that prisoner
has both a restitution fine and a restitution order from the
sentencing court, if the agency designated by the board of
supervisors in the county where the prisoner is incarcerated collects
the fine and order, the agency shall collect the restitution order
first pursuant to subdivision (d).

(l) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections
and Rehabilitation, or, when the prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the
county where the prisoner is incarcerated, may collect the
restitution order first, pursuant to subdivision (h).

(m) If an inmate is housed at an institution that requires food
to be purchased from the institution canteen for unsupervised
overnight visits, and if the money for the purchase of this food is
received from funds other than the inmate’s wages, that money
shall be exempt from restitution deductions. This exemption shall
apply to the actual amount spent on food for the visit up to a
maximum of fifty dollars ($50) for visits that include the inmate
and one visitor, seventy dollars ($70) for visits that include the
inmate and two or three visitors, and eighty dollars ($80) for visits
that include the inmate and four or more visitors.

(n) Compensatory or punitive damages awarded by trial or
settlement to any inmate, parolee, person placed on postrelease
community supervision pursuant to Section 3451, or defendant on
mandatory supervision imposed pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, in connection
with a civil action brought against a federal, state, or local jail,
prison, or correctional facility, or any official or agent thereof,
shall be paid directly, after payment of reasonable attorney’s fees
and litigation costs approved by the court, to satisfy any
outstanding restitution orders or restitution fines against that
person. The balance of the award shall be forwarded to the payee
after full payment of all outstanding restitution orders and
restitution fines, subject to subdivisions (e) and (i). The Department
of Corrections and Rehabilitation shall make all reasonable efforts
to notify the victims of the crime for which that person was
convicted concerning the pending payment of any compensatory
or punitive damages. For any prisoner punished by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170, the
agency is authorized to make all reasonable efforts to notify the
victims of the crime for which that person was convicted
concerning the pending payment of any compensatory or punitive
damages.

(o) (1) Amounts transferred to the California Victim
Compensation and Government Claims Board for payment of
direct orders of restitution shall be paid to the victim within 60
days from the date the restitution revenues are received by the
California Victim Compensation and Government Claims Board.
If the restitution payment to a victim is less than fifty dollars ($50),
then payment need not be forwarded to that victim until the
payment reaches fifty dollars ($50) or until 180 days from the date
the first payment is received, whichever occurs sooner.

(2) If a victim cannot be located, the restitution revenues
received by the California Victim Compensation and Government
Claims Board on behalf of the victim shall be held in trust in the
Restitution Fund 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.

(3) (A) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide
documentation to the Department of Corrections and Rehabilitation,
which shall verify that moneys were collected on behalf of the
victim. Upon receipt of that verified information from the
Department of Corrections and Rehabilitation, the California
Victim Compensation and Government Claims Board shall transmit
the restitution revenues to the victim in accordance with the
provisions of subdivision (c) or (h).

(B) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide
documentation to the agency designated by the board of supervisors
in the county where the prisoner punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170 is
incarcerated, which may then verify that moneys were, in fact,
collected on behalf of the victim. Upon receipt of that verified
information from the agency, the California Victim Compensation
and Government Claims Board shall transmit the restitution
revenues to the victim in accordance with the provisions of
subdivision (d) or (h).

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 2085.5 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

2085.5.  

(a) In any case in which a prisoner owes a restitution
fine imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a
minimum of 20 percent or the balance owing on the fine amount,
whichever is less, up to a maximum of 50 percent from the wages
and trust account deposits of a prisoner, unless prohibited by
federal law, and shall transfer that amount to the California Victim
Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. begin delete Any end delete begin insert The end insert amount begin delete so end delete
deducted shall be credited against the amount owing on the fine.
The sentencing court shall be provided a record of the payments.

(b) (1) When a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, in any case
in which a prisoner owes a restitution fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the agency designated by the board of supervisors
in the county where the prisoner is incarcerated is authorized to
deduct a minimum of 20 percent or the balance owing on the fine
amount, whichever is less, up to a maximum of 50 percent from
the county jail equivalent of wages and trust account deposits of
a prisoner, unless prohibited by federal law, and shall transfer that
amount to the California Victim Compensation and Government
Claims Board for deposit in the Restitution Fund in the State
Treasury. begin delete Any end delete begin insert The end insert amount begin delete so end delete deducted shall be credited against
the amount owing on the fine. The sentencing court shall be
provided a record of the payments.

(2) If the board of supervisors designates the county sheriff as
the collecting agency, the board of supervisors shall first obtain
the concurrence of the county sheriff.

(c) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a
minimum of 20 percent or the balance owing on the order amount,
whichever is less, up to a maximum of 50 percent from the wages
and trust account deposits of a prisoner, unless prohibited by
federal law. The secretary shall transfer that amount to the
California Victim Compensation and Government Claims Board
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. The sentencing court shall be
provided a record of the payments made to victims and of the
payments deposited to the Restitution Fund pursuant to this
subdivision.

(d) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in any case in
which a prisoner owes a restitution order imposed pursuant to
subdivision (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, subdivision (h) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the agency designated by the board of supervisors
in the county where the prisoner is incarcerated is authorized to
deduct a minimum of 20 percent or the balance owing on the order
amount, whichever is less, up to a maximum of 50 percent from
the county jail equivalent of wages and trust account deposits of
a prisoner, unless prohibited by federal law. The agency shall
transfer that amount to the California Victim Compensation and
Government Claims Board 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, or
may pay the victim directly. The sentencing court shall be provided
a record of the payments made to the victims and of the payments
deposited to the Restitution Fund pursuant to this subdivision.

(e) The secretary shall deduct and retain from the wages and
trust account deposits of a prisoner, unless prohibited by federal
law, an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (a) or (c). The secretary
shall deduct and retain from any prisoner settlement or trial award,
an administrative fee that totals 5 percent of any amount paid from
the settlement or award to satisfy an outstanding restitution order
or fine pursuant to subdivision (n), unless prohibited by federal
law. The secretary shall deposit the administrative fee moneys in
a special deposit account for reimbursing administrative and
support costs of the restitution program of the Department of
Corrections and Rehabilitation. The secretary, at his or her
discretion, may retain any excess funds in the special deposit
account for future reimbursement of the department’s
administrative and support costs for the restitution program or may
transfer all or part of the excess funds for deposit in the Restitution
Fund.

(f) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated is authorized to deduct and retain from the
county jail equivalent of wages and trust account deposits of a
prisoner, unless prohibited by federal law, begin delete and end delete begin insert an end insert administrative
fee that totals 10 percent of any amount transferred to the California
Victim Compensation and Government Claims Board pursuant to
subdivision (b) or (d). The agency is authorized to deduct and
retain from begin delete any end delete begin insert a end insert prisoner settlement or trial award, an
administrative fee that totals 5 percent of any amount paid from
the settlement or award to satisfy an outstanding restitution order
or fine pursuant to subdivision (n), unless prohibited by federal
law. begin insert end insert begin insert Upon release from custody pursuant to subdivision (h) of
Section 1170, the agency is authorized to charge a fee to cover
the actual administrative cost of collection, not to exceed 10
percent of the total amount ordered to be paid. end insert The agency shall
deposit the administrative fee moneys in a special deposit account
for reimbursing administrative and support costs of the restitution
program of the agency. The agency is authorized to retain any
excess funds in the special deposit account for future
reimbursement of the agency’s administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.

(g) In any case in which a parolee owes a restitution fine
imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the secretary, or, when
a prisoner is punished by imprisonment in a county jail pursuant
to subdivision (h) of Section 1170, the agency designated by the
board of supervisors in the county where the prisoner is
incarcerated, may collect from the parolee begin insert or, pursuant to Section
2085.6, from a person end insert begin insert previously imprisoned in county jail end insert any
moneys owing on the restitution fine amount, unless prohibited
by federal law. The secretary or the agency shall transfer that
amount to the California Victim Compensation and Government
Claims Board for deposit in the Restitution Fund in the State
Treasury. begin delete Any end delete begin insert The end insert amount begin delete so end delete deducted shall be credited against
the amount owing on the fine. The sentencing court shall be
provided a record of the payments.

(h) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967
of the Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary, or, when a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated or a local collection program, may collect
from the parolee begin delete or end delete begin insert or, pursuant to Section 2085.6, from a end insert person
previously imprisoned in county jail any moneys owing, unless
prohibited by federal law. The secretary or the agency shall transfer
that amount to the California Victim Compensation and
Government Claims Board 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. The
sentencing court shall be provided a record of the payments made
by the offender pursuant to this subdivision.

(i) The secretary, or, when a prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the
county where the prisoner is incarcerated, may deduct and retain
from begin delete any end delete moneys collected from parolees begin insert or persons previously
imprisoned in county jail end insert an administrative fee that totals 10 percent
of any amount transferred to the California Victim Compensation
and Government Claims Board pursuant to subdivision (g) or (h),
unless prohibited by federal law. The secretary shall deduct and
retain from any settlement or trial award of a parolee an
administrative fee that totals 5 percent of begin delete any end delete begin insert an end insert amount paid from
the settlement or award to satisfy an outstanding restitution order
or fine pursuant to subdivision (n), unless prohibited by federal
law. The agency is authorized to deduct and retain from any
settlement or trial award of a begin delete parolee end delete begin insert person previously imprisoned
in county jail end insert an administrative fee that totals 5 percent of any
amount paid from the settlement or award to satisfy an outstanding
restitution order or fine pursuant to subdivision (n). The secretary
or the agency shall deposit the administrative fee moneys in a
special deposit account for reimbursing administrative and support
costs of the restitution program of the Department of Corrections
and Rehabilitation or the agency, as applicable. The secretary, at
his or her discretion, or the agency may retain any excess funds
in the special deposit account for future reimbursement of the
department’s or agency’s administrative and support costs for the
restitution program or may transfer all or part of the excess funds
for deposit in the Restitution Fund.

(j) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections
and Rehabilitation shall collect the restitution order first pursuant
to subdivision (c).

(k) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170 and that prisoner
has both a restitution fine and a restitution order from the
sentencing court, if the agency designated by the board of
supervisors in the county where the prisoner is incarcerated collects
the fine and order, the agency shall collect the restitution order
first pursuant to subdivision (d).

(l) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections
and Rehabilitation, or, when the prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the
county where the prisoner is incarcerated, may collect the
restitution order first, pursuant to subdivision (h).

(m) If an inmate is housed at an institution that requires food
to be purchased from the institution canteen for unsupervised
overnight visits, and if the money for the purchase of this food is
received from funds other than the inmate’s wages, that money
shall be exempt from restitution deductions. This exemption shall
apply to the actual amount spent on food for the visit up to a
maximum of fifty dollars ($50) for visits that include the inmate
and one visitor, seventy dollars ($70) for visits that include the
inmate and two or three visitors, and eighty dollars ($80) for visits
that include the inmate and four or more visitors.

(n)  begin delete Any compensatory end delete begin insert Compensatory end insert or punitive damages
awarded by trial or settlement to any inmate, parolee, person placed
on postrelease community supervision pursuant to Section 3451,
or defendant on mandatory supervision imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170, in connection with a civil action brought against begin delete any end delete begin insert a end insert
federal, state, or local jail, prison, or correctional facility, or any
official or agent thereof, shall be paid directly, after payment of
reasonable attorney’s fees and litigation costs approved by the
court, to satisfy any outstanding restitution orders or restitution
fines against that person. The balance of begin delete any end delete begin insert the end insert award shall be
forwarded to the payee after full payment of all outstanding
restitution orders and restitution fines, subject to subdivisions (e)
and (i). The Department of Corrections and Rehabilitation shall
make all reasonable efforts to notify the victims of the crime for
which that person was convicted concerning the pending payment
of any compensatory or punitive damages. For any prisoner
punished by imprisonment in a county jail pursuant to subdivision
(h) of Section 1170, the agency is authorized to make all reasonable
efforts to notify the victims of the crime for which that person was
convicted concerning the pending payment of any compensatory
or punitive damages.

(o) (1) Amounts transferred to the California Victim
Compensation and Government Claims Board for payment of
direct orders of restitution shall be paid to the victim within 60
days from the date the restitution revenues are received by the
California Victim Compensation and Government Claims Board.
If the restitution payment to a victim is less than fifty dollars ($50),
then payment need not be forwarded to that victim until the
payment reaches fifty dollars ($50) or until 180 days from the date
the first payment is received, whichever occurs sooner.

(2)  begin delete In any case in which end delete begin insert If end insert a victim cannot be located, the
restitution revenues received by the California Victim
Compensation and Government Claims Board on behalf of the
victim shall be held in trust in the Restitution Fund 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.

(3) (A)  begin delete Any end delete begin insert A end insert victim failing to provide a current address within
the period of time specified in paragraph (2) may provide
documentation to the Department of Corrections and begin delete Rehabilitation end delete
begin insert Rehabilitation, end insert which begin delete in turn end delete shall verify that moneys were begin delete in fact end delete
collected on behalf of the victim. Upon receipt of that verified
information from the Department of Corrections and Rehabilitation,
the California Victim Compensation and Government Claims
Board shall transmit the restitution revenues to the victim in
accordance with the provisions of subdivision (c) or (h).

(B)  begin delete Any end delete begin insert A end insert victim failing to provide a current address within the
period of time specified in paragraph (2) may provide
documentation to the agency designated by the board of supervisors
in the county where the prisoner punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170 is
incarcerated, which begin delete in turn end delete may verify that moneys were begin delete in fact end delete
collected on behalf of the victim. Upon receipt of that verified
information from the agency, the California Victim Compensation
and Government Claims Board shall transmit the restitution
revenues to the victim in accordance with the provisions of
subdivision (d) or (h).

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Sections 1.5 and 2.5 of this bill shall only become
operative if both this bill and Senate Bill 1197 of the 2013-14
Regular Session are enacted and become operative on or before
January 1, 2015, in which case Sections 1 and 2 of this bill shall
not become operative. end insert