Amended in Assembly August 14, 2014

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 BillNo. 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 ofbegin delete fines and fees.end deletebegin insert fines, fees, and orders.end insert

(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 feesbegin insert and restitution ordersend insert 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 thosebegin delete fines and fees.end deletebegin insert fines, fees, and orders.end insert

(2) Existing law authorizes the collection of restitutionbegin delete fines and feesend deletebegin insert fines, fees, and ordersend insert 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) Existing law authorizes the agency designated by the county board of supervisors or a local collection program to collect any moneys owing on a direct restitution order from a person previously imprisoned in a county jail, unless prohibited by federal law. Existing law requires the agency to transfer amounts collected pursuant to that provision to the California Victim Compensation and Government Claims Board for direct payment to the victim, or requires that payment be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program.

end insert
begin insert

This bill would also authorize the agency to use the funds collected to pay the victim directly.

end insert
begin delete

(3)

end delete

begin insert(end insertbegin insert4)end insert This bill would, contingent upon the enactment of SB 1197 of the 2013-14 Regular Session, incorporate additional conforming changes.

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

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

P2    1

SECTION 1.  

Section 1214 of the Penal Code is amended to
2read:

3

1214.  

(a) If the judgment is for a fine, including a restitution
4fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
5Section 1203.04 as operative on or before August 2, 1995, or
P3    1Section 13967 of the Government Code, as operative on or before
2September 28, 1994, with or without imprisonment, or a diversion
3restitution fee ordered pursuant to Section 1001.90, the judgment
4may be enforced in the manner provided for the enforcement of
5money judgments generally. Any portion of a restitution fine or
6restitution fee that remains unsatisfied after a defendant is no longer
7on probation, parole, postrelease community supervision pursuant
8to Section 3451, or mandatory supervision pursuant to
9subparagraph (B) of paragraph (5) of subdivision (h) of Section
101170, after a term in custody pursuant to subparagraph (A) of
11paragraph (5) of subdivision (h) of Section 1170, or after
12completing diversion is enforceable by the California Victim
13Compensation and Government Claims Board pursuant to this
14section. Notwithstanding any other provision of law prohibiting
15disclosure, the state, as defined in Section 900.6 of the Government
16Code, a local public entity, as defined in Section 900.4 of the
17Government Code, or any other entity, may provide the California
18Victim Compensation and Government Claims Board any and all
19information to assist in the collection of unpaid portions of a
20restitution fine for terminated probation or parole cases, or of a
21restitution fee for completed diversion cases. For purposes of the
22preceding sentence, “state, as defined in Section 900.6 of the
23Government Code,” and “any other entity” shall not include the
24Franchise Tax Board. A local collection program may continue to
25collect restitution fines and restitution orders once a defendant is
26no longer on probation, postrelease community supervision, or
27mandatory supervision or after a term in custody pursuant to
28subparagraph (A) of paragraph (5) of subdivision (h) of Section
291170.

30(b) In any case in which a defendant is ordered to pay restitution,
31the order to pay restitution (1) is deemed a money judgment if the
32defendant was informed of his or her right to have a judicial
33determination of the amount and was provided with a hearing,
34waived a hearing, or stipulated to the amount of the restitution
35ordered, and (2) shall be fully enforceable by a victim as if the
36restitution order were a civil judgment, and enforceable in the same
37manner as is provided for the enforcement of any other money
38judgment. Upon the victim’s request, the court shall provide the
39victim in whose favor the order of restitution is entered with a
40certified copy of that order and a copy of the defendant’s disclosure
P4    1pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
2affidavit or information pursuant to paragraph (6) of subdivision
3(f) of Section 1202.4, or report pursuant to paragraph (8) of
4subdivision (f) of Section 1202.4. The court also shall provide this
5information to the district attorney upon request in connection with
6an investigation or prosecution involving perjury or the veracity
7of the information contained within the defendant’s financial
8disclosure. In addition, upon request, the court shall provide the
9California Victim Compensation and Government Claims Board
10with a certified copy of any order imposing a restitution fine or
11order and a copy of the defendant’s disclosure pursuant to
12paragraph (5) of subdivision (f) of Section 1202.4, affidavit or
13information pursuant to paragraph (6) of subdivision (f) of Section
141202.4, or report pursuant to paragraph (8) of subdivision (f) of
15Section 1202.4. A victim shall have access to all resources available
16under the law to enforce the restitution order, including, but not
17limited to, access to the defendant’s financial records, use of wage
18garnishment and lien procedures, information regarding the
19defendant’s assets, and the ability to apply for restitution from any
20fund established for the purpose of compensating victims in civil
21cases. Any portion of a restitution order that remains unsatisfied
22after a defendant is no longer on probation, parole, postrelease
23community supervision under Section 3451, or mandatory
24supervision imposed pursuant to subparagraph (B) of paragraph
25(5) of subdivision (h) of Section 1170 or after a term in custody
26pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
27 of Section 1170 is enforceable by the victim pursuant to this
28section. Victims and the California Victim Compensation and
29Government Claims Board shall inform the court whenever an
30order to pay restitution is satisfied. A local collection program may
31continue to enforce victim restitution orders once a defendant is
32no longer on probation, postrelease community supervision, or
33mandatory supervision or after completion of a term in custody
34pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
35of Section 1170.

36(c) Except as provided in subdivision (d), and notwithstanding
37the amount in controversy limitation of Section 85 of the Code of
38Civil Procedure, a restitution order or restitution fine that was
39imposed pursuant to Section 1202.4 in any of the following cases
P5    1may be enforced in the same manner as a money judgment in a
2 limited civil case:

3(1) In a misdemeanor case.

4(2) In a case involving violation of a city or town ordinance.

5(3) In a noncapital criminal case where the court has received
6a plea of guilty or nolo contendere.

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

10(1) A judgment for court-ordered fines, forfeitures, penalties,
11fees, or assessments.

12(2) A restitution fine or restitution order imposed pursuant to
13Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
14operative on or before August 2, 1995, or Section 13967 of the
15Government Code, as operative on or before September 28, 1994.

16(3) A diversion restitution fee ordered pursuant to Section
171001.90.

18

SEC. 1.5.  

Section 1214 of the Penal Code is amended to read:

19

1214.  

(a) If the judgment is for a fine, including a restitution
20fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
21Section 1203.04 as operative on or before August 2, 1995, or
22Section 13967 of the Government Code, as operative on or before
23September 28, 1994, with or without imprisonment, or a diversion
24restitution fee ordered pursuant to Section 1001.90, the judgment
25may be enforced in the manner provided for the enforcement of
26money judgments generally. Any portion of a restitution fine or
27restitution fee that remains unsatisfied after a defendant is no longer
28on probation, parole, postrelease community supervision pursuant
29to Section 3451, or mandatory supervision pursuant to
30subparagraph (B) of paragraph (5) of subdivision (h) of Section
311170, after a term in custody pursuant to subparagraph (A) of
32paragraph (5) of subdivision (h) of Section 1170, or after
33completing diversion is enforceable by the California Victim
34Compensation and Government Claims Board pursuant to this
35section. Notwithstanding any other provision of law prohibiting
36disclosure, the state, as defined in Section 900.6 of the Government
37Code, a local public entity, as defined in Section 900.4 of the
38Government Code, or any other entity, may provide the California
39Victim Compensation and Government Claims Board any and all
40information to assist in the collection of unpaid portions of a
P6    1restitution fine for terminated probation or parole cases, or of a
2restitution fee for completed diversion cases. For purposes of the
3preceding sentence, “state, as defined in Section 900.6 of the
4Government Code,” and “any other entity” shall not include the
5Franchise Tax Board. A local collection program may continue to
6collect restitution fines and restitution orders once a defendant is
7no longer on probation, postrelease community supervision, or
8mandatory supervision or after a term in custody pursuant to
9subparagraph (A) of paragraph (5) of subdivision (h) of Section
101170.

11(b) In any case in which a defendant is ordered to pay restitution,
12the order to pay restitution (1) is deemed a money judgment if the
13defendant was informed of his or her right to have a judicial
14determination of the amount and was provided with a hearing,
15waived a hearing, or stipulated to the amount of the restitution
16ordered, and (2) shall be fully enforceable by a victim as if the
17 restitution order were a civil judgment, and enforceable in the same
18manner as is provided for the enforcement of any other money
19judgment. Upon the victim’s request, the court shall provide the
20victim in whose favor the order of restitution is entered with a
21certified copy of that order and a copy of the defendant’s disclosure
22pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
23affidavit or information pursuant to paragraph (6) of subdivision
24(f) of Section 1202.4, or report pursuant to paragraph (8) of
25subdivision (f) of Section 1202.4. The court also shall provide this
26information to the district attorney upon request in connection with
27an investigation or prosecution involving perjury or the veracity
28of the information contained within the defendant’s financial
29disclosure. In addition, upon request, the court shall provide the
30California Victim Compensation and Government Claims Board
31with a certified copy of any order imposing a restitution fine or
32order and a copy of the defendant’s disclosure pursuant to
33paragraph (5) of subdivision (f) of Section 1202.4, affidavit or
34information pursuant to paragraph (6) of subdivision (f) of Section
351202.4, or report pursuant to paragraph (8) of subdivision (f) of
36Section 1202.4. A victim shall have access to all resources available
37under the law to enforce the restitution order, including, but not
38limited to, access to the defendant’s financial records, use of wage
39garnishment and lien procedures, information regarding the
40defendant’s assets, and the ability to apply for restitution from any
P7    1fund established for the purpose of compensating victims in civil
2cases. Any portion of a restitution order that remains unsatisfied
3after a defendant is no longer on probation, parole, postrelease
4community supervision under Section 3451, or mandatory
5supervision imposed pursuant to subparagraph (B) of paragraph
6(5) of subdivision (h) of Section 1170 or after a term in custody
7 pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
8of Section 1170 is enforceable by the victim pursuant to this
9section. Victims and the California Victim Compensation and
10Government Claims Board shall inform the court whenever an
11order to pay restitution is satisfied. A local collection program may
12continue to enforce victim restitution orders once a defendant is
13no longer on probation, postrelease community supervision, or
14mandatory supervision or after completion of a term in custody
15pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
16of Section 1170.

17(c) A defendant who owes a restitution fine, a restitution order,
18or any portion thereof, and who is released from the custody of a
19county jail facility after a term in custody pursuant to subparagraph
20(A) of paragraph (5) of subdivision (h) of Section 1170 shall have
21a continuing obligation to pay the restitution fine or restitution
22order in full.

23(d) Except as provided in subdivision (d), and notwithstanding
24the amount in controversy limitation of Section 85 of the Code of
25Civil Procedure, a restitution order or restitution fine that was
26imposed pursuant to Section 1202.4 in any of the following cases
27may be enforced in the same manner as a money judgment in a
28limited civil case:

29(1) In a misdemeanor case.

30(2) In a case involving violation of a city or town ordinance.

31(3) In a noncapital criminal case where the court has received
32a plea of guilty or nolo contendere.

33(e) Chapter 3 (commencing with Section 683.010) of Division
341 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
35to any of the following:

36(1) A judgment for court-ordered fines, forfeitures, penalties,
37fees, or assessments.

38(2) A restitution fine or restitution order imposed pursuant to
39Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
P8    1operative on or before August 2, 1995, or Section 13967 of the
2Government Code, as operative on or before September 28, 1994.

3(3) A diversion restitution fee ordered pursuant to Section
41001.90.

5

SEC. 2.  

Section 2085.5 of the Penal Code is amended to read:

6

2085.5.  

(a) In any case in which a prisoner owes a restitution
7fine imposed pursuant to subdivision (a) of Section 13967 of the
8Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994,
9subdivision (b) of Section 730.6 of the Welfare and Institutions
10Code, or subdivision (b) of Section 1202.4, the Secretary of the
11Department of Corrections and Rehabilitation shall deduct a
12minimum of 20 percent or the balance owing on the fine amount,
13whichever is less, up to a maximum of 50 percent from the wages
14and trust account deposits of a prisoner, unless prohibited by
15federal law, and shall transfer that amount to the California Victim
16Compensation and Government Claims Board for deposit in the
17Restitution Fund in the State Treasury. The amount deducted shall
18be credited against the amount owing on the fine. The sentencing
19court shall be provided a record of the payments.

20(b) (1) When a prisoner is punished by imprisonment in a
21county jail pursuant to subdivision (h) of Section 1170, in any case
22in which a prisoner owes a restitution fine imposed pursuant to
23subdivision (a) of Section 13967 of the Government Code, as
24operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994, subdivision (b) of
25Section 730.6 of the Welfare and Institutions Code, or subdivision
26(b) of Section 1202.4, the agency designated by the board of
27supervisors in the county where the prisoner is incarcerated is
28authorized to deduct a minimum of 20 percent or the balance owing
29on the fine amount, whichever is less, up to a maximum of 50
30percent from the county jail equivalent of wages and trust account
31deposits of a prisoner, unless prohibited by federal law, and shall
32transfer that amount to the California Victim Compensation and
33Government Claims Board for deposit in the Restitution Fund in
34the State Treasury. The amount deducted shall be credited against
35the amount owing on the fine. The sentencing court shall be
36provided a record of the payments.

37(2) If the board of supervisors designates the county sheriff as
38the collecting agency, the board of supervisors shall first obtain
39the concurrence of the county sheriff.

P9    1(c) In any case in which a prisoner owes a restitution order
2imposed pursuant to subdivision (c) of Section 13967 of the
3Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994,
4subdivision (h) of Section 730.6 of the Welfare and Institutions
5Code, or subdivision (f) of Section 1202.4, the Secretary of the
6Department of Corrections and Rehabilitation shall deduct a
7minimum of 20 percent or the balance owing on the order amount,
8whichever is less, up to a maximum of 50 percent from the wages
9and trust account deposits of a prisoner, unless prohibited by
10federal law. The secretary shall transfer that amount to the
11California Victim Compensation and Government Claims Board
12for direct payment to the victim, or payment shall be made to the
13Restitution Fund to the extent that the victim has received
14assistance pursuant to that program. The sentencing court shall be
15provided a record of the payments made to victims and of the
16payments deposited to the Restitution Fund pursuant to this
17subdivision.

18(d) When a prisoner is punished by imprisonment in a county
19jail pursuant to subdivision (h) of Section 1170, in any case in
20which a prisoner owes a restitution order imposed pursuant to
21subdivision (c) of Section 13967 of the Government Code, as
22operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994, subdivision (h) of
23Section 730.6 of the Welfare and Institutions Code, or subdivision
24(b) of Section 1202.4, the agency designated by the board of
25supervisors in the county where the prisoner is incarcerated is
26authorized to deduct a minimum of 20 percent or the balance owing
27on the order amount, whichever is less, up to a maximum of 50
28percent from the county jail equivalent of wages and trust account
29deposits of a prisoner, unless prohibited by federal law. The agency
30shall transfer that amount to the California Victim Compensation
31and Government Claims Board for direct payment to the victim,
32or payment shall be made to the Restitution Fund to the extent that
33the victim has received assistance pursuant to that program, or
34may pay the victim directly. The sentencing court shall be provided
35a record of the payments made to the victims and of the payments
36deposited to the Restitution Fund pursuant to this subdivision.

37(e) The secretary shall deduct and retain from the wages and
38trust account deposits of a prisoner, unless prohibited by federal
39law, an administrative fee that totals 10 percent of any amount
40transferred to the California Victim Compensation and Government
P10   1Claims Board pursuant to subdivision (a) or (c). The secretary
2shall deduct and retain from any prisoner settlement or trial award,
3an administrative fee that totals 5 percent of any amount paid from
4the settlement or award to satisfy an outstanding restitution order
5or fine pursuant to subdivision (n), unless prohibited by federal
6law. The secretary shall deposit the administrative fee moneys in
7a special deposit account for reimbursing administrative and
8support costs of the restitution program of the Department of
9Corrections and Rehabilitation. The secretary, at his or her
10discretion, may retain any excess funds in the special deposit
11account for future reimbursement of the department’s
12administrative and support costs for the restitution program or may
13transfer all or part of the excess funds for deposit in the Restitution
14Fund.

15(f) When a prisoner is punished by imprisonment in a county
16jail pursuant to subdivision (h) of Section 1170, the agency
17designated by the board of supervisors in the county where the
18prisoner is incarcerated is authorized to deduct and retain from the
19county jail equivalent of wages and trust account deposits of a
20prisoner, unless prohibited by federal law, an administrative fee
21that totals 10 percent of any amount transferred to the California
22Victim Compensation and Government Claims Board pursuant to
23subdivision (b) or (d). The agency is authorized to deduct and
24retain from a prisoner settlement or trial award, an administrative
25fee that totals 5 percent of any amount paid from the settlement
26or award to satisfy an outstanding restitution order or fine pursuant
27to subdivision (n), unless prohibited by federal law. Upon release
28from custody pursuant to subdivision (h) of Section 1170, the
29agency is authorized to charge a fee to cover the actual
30administrative cost of collection, not to exceed 10 percent of the
31total amount ordered to be paid. The agency shall deposit the
32administrative fee moneys in a special deposit account for
33reimbursing administrative and support costs of the restitution
34program of the agency. The agency is authorized to retain any
35excess funds in the special deposit account for future
36reimbursement of the agency’s administrative and support costs
37for the restitution program or may transfer all or part of the excess
38funds for deposit in the Restitution Fund.

39(g) In any case in which a parolee owes a restitution fine
40imposed pursuant to subdivision (a) of Section 13967 of the
P11   1Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994,
2subdivision (b) of Section 730.6 of the Welfare and Institutions
3Code, or subdivision (b) of Section 1202.4, the secretary, or, when
4a prisoner is punished by imprisonment in a county jail pursuant
5to subdivision (h) of Section 1170, the agency designated by the
6board of supervisors in the county where the prisoner is
7incarcerated, may collect from the parolee or person previously
8imprisoned in county jail any moneys owing on the restitution fine
9amount, unless prohibited by federal law. The secretary or the
10agency shall transfer that amount to the California Victim
11Compensation and Government Claims Board for deposit in the
12Restitution Fund in the State Treasury. The amount deducted shall
13be credited against the amount owing on the fine. The sentencing
14court shall be provided a record of the payments.

15(h) In any case in which a parolee owes a direct order of
16restitution, imposed pursuant to subdivision (c) of Section 13967
17of the Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert
18 1994, subdivision (h) of Section 730.6 of the Welfare and
19Institutions Code, or paragraph (3) of subdivision (a) of Section
201202.4, the secretary, or, when a prisoner is punished by
21imprisonment in a county jail pursuant to subdivision (h) of Section
221170, the agency designated by the board of supervisors in the
23county where the prisoner is incarcerated or a local collection
24program, may collect from the parolee or person previously
25imprisoned in county jail any moneys owing, unless prohibited by
26federal law. The secretary or the agency shall transfer that amount
27to the California Victim Compensation and Government Claims
28Board for direct payment to the victim, or payment shall be made
29to the Restitution Fund to the extent that the victim has received
30assistance pursuant to that begin deleteprogram.end deletebegin insert program, or the agency may
31pay the victim directly.end insert
The sentencing court shall be provided a
32record of the payments made by the offender pursuant to this
33subdivision.

34(i) The secretary, or, when a prisoner is punished by
35imprisonment in a county jail pursuant to subdivision (h) of Section
361170, the agency designated by the board of supervisors in the
37county where the prisoner is incarcerated, may deduct and retain
38from moneys collected from parolees or persons previously
39imprisoned in county jail an administrative fee that totals 10 percent
40of any amount transferred to the California Victim Compensation
P12   1and Government Claims Board pursuant to subdivision (g) or (h),
2unless prohibited by federal law. The secretary shall deduct and
3retain from any settlement or trial award of a parolee an
4administrative fee that totals 5 percent of an amount paid from the
5settlement or award to satisfy an outstanding restitution order or
6fine pursuant to subdivision (n), unless prohibited by federal law.
7The agency is authorized to deduct and retain from any settlement
8or trial award of a person previously imprisoned in county jail an
9administrative fee that totals 5 percent of any amount paid from
10the settlement or award to satisfy an outstanding restitution order
11or fine pursuant to subdivision (n). The secretary or the agency
12shall deposit the administrative fee moneys in a special deposit
13account for reimbursing administrative and support costs of the
14restitution program of the Department of Corrections and
15Rehabilitation or the agency, as applicable. The secretary, at his
16or her discretion, or the agency may retain any excess funds in the
17special deposit account for future reimbursement of the
18department’s or agency’s administrative and support costs for the
19restitution program or may transfer all or part of the excess funds
20for deposit in the Restitution Fund.

21(j) When a prisoner has both a restitution fine and a restitution
22order from the sentencing court, the Department of Corrections
23and Rehabilitation shall collect the restitution order first pursuant
24to subdivision (c).

25(k) When a prisoner is punished by imprisonment in a county
26jail pursuant to subdivision (h) of Section 1170 and that prisoner
27has both a restitution fine and a restitution order from the
28sentencing court, if the agency designated by the board of
29supervisors in the county where the prisoner is incarcerated collects
30the fine and order, the agency shall collect the restitution order
31first pursuant to subdivision (d).

32(l) When a parolee has both a restitution fine and a restitution
33order from the sentencing court, the Department of Corrections
34and Rehabilitation, or, when the prisoner is punished by
35imprisonment in a county jail pursuant to subdivision (h) of Section
361170, the agency designated by the board of supervisors in the
37county where the prisoner is incarcerated, may collect the
38restitution order first, pursuant to subdivision (h).

39(m) If an inmate is housed at an institution that requires food
40to be purchased from the institution canteen for unsupervised
P13   1overnight visits, and if the money for the purchase of this food is
2received from funds other than the inmate’s wages, that money
3shall be exempt from restitution deductions. This exemption shall
4apply to the actual amount spent on food for the visit up to a
5maximum of fifty dollars ($50) for visits that include the inmate
6and one visitor, seventy dollars ($70) for visits that include the
7inmate and two or three visitors, and eighty dollars ($80) for visits
8that include the inmate and four or more visitors.

9(n) Compensatory or punitive damages awarded by trial or
10settlement to any inmate, parolee, person placed on postrelease
11community supervision pursuant to Section 3451, or defendant on
12mandatory supervision imposed pursuant to subparagraph (B) of
13paragraph (5) of subdivision (h) of Section 1170, in connection
14with a civil action brought against a federal, state, or local jail,
15prison, or correctional facility, or any official or agent thereof,
16shall be paid directly, after payment of reasonable attorney’s fees
17and litigation costs approved by the court, to satisfy any
18outstanding restitution orders or restitution fines against that
19person. The balance of the award shall be forwarded to the payee
20after full payment of all outstanding restitution orders and
21restitution fines, subject to subdivisions (e) and (i). The Department
22of Corrections and Rehabilitation shall make all reasonable efforts
23to notify the victims of the crime for which that person was
24convicted concerning the pending payment of any compensatory
25or punitive damages. For any prisoner punished by imprisonment
26in a county jail pursuant to subdivision (h) of Section 1170, the
27agency is authorized to make all reasonable efforts to notify the
28victims of the crime for which that person was convicted
29concerning the pending payment of any compensatory or punitive
30damages.

31(o) (1) Amounts transferred to the California Victim
32Compensation and Government Claims Board for payment of
33direct orders of restitution shall be paid to the victim within 60
34days from the date the restitution revenues are received by the
35California Victim Compensation and Government Claims Board.
36If the restitution payment to a victim is less than fifty dollars ($50),
37then payment need not be forwarded to that victim until the
38payment reaches fifty dollars ($50) or until 180 days from the date
39the first payment is received, whichever occurs sooner.

P14   1(2) If a victim cannot be located, the restitution revenues
2received by the California Victim Compensation and Government
3Claims Board on behalf of the victim shall be held in trust in the
4Restitution Fund until the end of the state fiscal year subsequent
5to the state fiscal year in which the funds were deposited or until
6the time that the victim has provided current address information,
7whichever occurs sooner. Amounts remaining in trust at the end
8of the specified period of time shall revert to the Restitution Fund.

9(3) (A) A victim failing to provide a current address within the
10period of time specified in paragraph (2) may provide
11documentation to the Department of Corrections and Rehabilitation,
12which shall verify that moneys were collected on behalf of the
13victim. Upon receipt of that verified information from the
14Department of Corrections and Rehabilitation, the California
15Victim Compensation and Government Claims Board shall transmit
16the restitution revenues to the victim in accordance with the
17provisions of subdivision (c) or (h).

18(B) A victim failing to provide a current address within the
19period of time specified in paragraph (2) may provide
20documentation to the agency designated by the board of supervisors
21in the county where the prisoner punished by imprisonment in a
22county jail pursuant to subdivision (h) of Section 1170 is
23incarcerated, which may then verify that moneys were, in fact,
24collected on behalf of the victim. Upon receipt of that verified
25information from the agency, the California Victim Compensation
26and Government Claims Board shall transmit the restitution
27revenues to the victim in accordance with the provisions of
28subdivision (d) or (h).

29

SEC. 2.5.  

Section 2085.5 of the Penal Code is amended to read:

30

2085.5.  

(a) In any case in which a prisoner owes a restitution
31fine imposed pursuant to subdivision (a) of Section 13967 of the
32Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994,
33subdivision (b) of Section 730.6 of the Welfare and Institutions
34Code, or subdivision (b) of Section 1202.4, the Secretary of the
35Department of Corrections and Rehabilitation shall deduct a
36minimum of 20 percent or the balance owing on the fine amount,
37whichever is less, up to a maximum of 50 percent from the wages
38and trust account deposits of a prisoner, unless prohibited by
39federal law, and shall transfer that amount to the California Victim
40Compensation and Government Claims Board for deposit in the
P15   1Restitution Fund in the State Treasury. The amount deducted shall
2be credited against the amount owing on the fine. The sentencing
3court shall be provided a record of the payments.

4(b) (1) When a prisoner is punished by imprisonment in a
5county jail pursuant to subdivision (h) of Section 1170, in any case
6in which a prisoner owes a restitution fine imposed pursuant to
7subdivision (a) of Section 13967 of the Government Code, as
8operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994, subdivision (b) of
9Section 730.6 of the Welfare and Institutions Code, or subdivision
10(b) of Section 1202.4, the agency designated by the board of
11supervisors in the county where the prisoner is incarcerated is
12authorized to deduct a minimum of 20 percent or the balance owing
13on the fine amount, whichever is less, up to a maximum of 50
14percent from the county jail equivalent of wages and trust account
15deposits of a prisoner, unless prohibited by federal law, and shall
16transfer that amount to the California Victim Compensation and
17Government Claims Board for deposit in the Restitution Fund in
18the State Treasury. The amount deducted shall be credited against
19the amount owing on the fine. The sentencing court shall be
20provided a record of the payments.

21(2) If the board of supervisors designates the county sheriff as
22the collecting agency, the board of supervisors shall first obtain
23the concurrence of the county sheriff.

24(c) In any case in which a prisoner owes a restitution order
25imposed pursuant to subdivision (c) of Section 13967 of the
26Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994,
27subdivision (h) of Section 730.6 of the Welfare and Institutions
28Code, or subdivision (f) of Section 1202.4, the Secretary of the
29Department of Corrections and Rehabilitation shall deduct a
30minimum of 20 percent or the balance owing on the order amount,
31whichever is less, up to a maximum of 50 percent from the wages
32and trust account deposits of a prisoner, unless prohibited by
33federal law. The secretary shall transfer that amount to the
34California Victim Compensation and Government Claims Board
35for direct payment to the victim, or payment shall be made to the
36Restitution Fund to the extent that the victim has received
37assistance pursuant to that program. The sentencing court shall be
38provided a record of the payments made to victims and of the
39payments deposited to the Restitution Fund pursuant to this
40subdivision.

P16   1(d) When a prisoner is punished by imprisonment in a county
2jail pursuant to subdivision (h) of Section 1170, in any case in
3which a prisoner owes a restitution order imposed pursuant to
4subdivision (c) of Section 13967 of the Government Code, as
5operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994, subdivision (h) of
6Section 730.6 of the Welfare and Institutions Code, or subdivision
7(b) of Section 1202.4, the agency designated by the board of
8supervisors in the county where the prisoner is incarcerated is
9authorized to deduct a minimum of 20 percent or the balance owing
10on the order amount, whichever is less, up to a maximum of 50
11percent from the county jail equivalent of wages and trust account
12deposits of a prisoner, unless prohibited by federal law. The agency
13shall transfer that amount to the California Victim Compensation
14and Government Claims Board for direct payment to the victim,
15or payment shall be made to the Restitution Fund to the extent that
16the victim has received assistance pursuant to that program, or
17may pay the victim directly. The sentencing court shall be provided
18a record of the payments made to the victims and of the payments
19deposited to the Restitution Fund pursuant to this subdivision.

20(e) The secretary shall deduct and retain from the wages and
21trust account deposits of a prisoner, unless prohibited by federal
22law, an administrative fee that totals 10 percent of any amount
23transferred to the California Victim Compensation and Government
24Claims Board pursuant to subdivision (a) or (c). The secretary
25shall deduct and retain from any prisoner settlement or trial award,
26an administrative fee that totals 5 percent of any amount paid from
27the settlement or award to satisfy an outstanding restitution order
28or fine pursuant to subdivision (n), unless prohibited by federal
29law. The secretary shall deposit the administrative fee moneys in
30a special deposit account for reimbursing administrative and
31support costs of the restitution program of the Department of
32Corrections and Rehabilitation. The secretary, at his or her
33discretion, may retain any excess funds in the special deposit
34account for future reimbursement of the department’s
35administrative and support costs for the restitution program or may
36transfer all or part of the excess funds for deposit in the Restitution
37Fund.

38(f) When a prisoner is punished by imprisonment in a county
39jail pursuant to subdivision (h) of Section 1170, the agency
40designated by the board of supervisors in the county where the
P17   1prisoner is incarcerated is authorized to deduct and retain from the
2county jail equivalent of wages and trust account deposits of a
3prisoner, unless prohibited by federal law, an administrative fee
4that totals 10 percent of any amount transferred to the California
5Victim Compensation and Government Claims Board pursuant to
6subdivision (b) or (d). The agency is authorized to deduct and
7retain from a prisoner settlement or trial award, an administrative
8fee that totals 5 percent of any amount paid from the settlement
9or award to satisfy an outstanding restitution order or fine pursuant
10to subdivision (n), unless prohibited by federal law. Upon release
11from custody pursuant to subdivision (h) of Section 1170, the
12agency is authorized to charge a fee to cover the actual
13administrative cost of collection, not to exceed 10 percent of the
14total amount ordered to be paid. The agency shall deposit the
15administrative fee moneys in a special deposit account for
16reimbursing administrative and support costs of the restitution
17program of the agency. The agency is authorized to retain any
18excess funds in the special deposit account for future
19reimbursement of the agency’s administrative and support costs
20for the restitution program or may transfer all or part of the excess
21funds for deposit in the Restitution Fund.

22(g) In any case in which a parolee owes a restitution fine
23imposed pursuant to subdivision (a) of Section 13967 of the
24Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994,
25subdivision (b) of Section 730.6 of the Welfare and Institutions
26Code, or subdivision (b) of Section 1202.4, the secretary, or, when
27a prisoner is punished by imprisonment in a county jail pursuant
28to subdivision (h) of Section 1170, the agency designated by the
29board of supervisors in the county where the prisoner is
30incarcerated, may collect from the parolee or, pursuant to Section
312085.6, from a person previously imprisoned in county jail any
32moneys owing on the restitution fine amount, unless prohibited
33by federal law. The secretary or the agency shall transfer that
34amount to the California Victim Compensation and Government
35Claims Board for deposit in the Restitution Fund in the State
36Treasury. The amount deducted shall be credited against the
37amount owing on the fine. The sentencing court shall be provided
38a record of the payments.

39(h) In any case in which a parolee owes a direct order of
40restitution, imposed pursuant to subdivision (c) of Section 13967
P18   1of the Government Code, as operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert
2 1994, subdivision (h) of Section 730.6 of the Welfare and
3Institutions Code, or paragraph (3) of subdivision (a) of Section
41202.4, the secretary, or, when a prisoner is punished by
5imprisonment in a county jail pursuant to subdivision (h) of Section
61170, the agency designated by the board of supervisors in the
7county where the prisoner is incarcerated or a local collection
8program, may collect from the parolee or, pursuant to Section
92085.6, from a person previously imprisoned in county jail any
10moneys owing, unless prohibited by federal law. The secretary or
11the agency shall transfer that amount to the California Victim
12Compensation and Government Claims Board for direct payment
13to the victim, or payment shall be made to the Restitution Fund to
14the extent that the victim has received assistance pursuant to that
15begin delete program.end deletebegin insert program, or the agency may pay the victim directly.end insert The
16sentencing court shall be provided a record of the payments made
17by the offender pursuant to this subdivision.

18(i) The secretary, or, when a prisoner is punished by
19imprisonment in a county jail pursuant to subdivision (h) of Section
201170, the agency designated by the board of supervisors in the
21county where the prisoner is incarcerated, may deduct and retain
22from moneys collected from parolees or persons previously
23imprisoned in county jail an administrative fee that totals 10 percent
24of any amount transferred to the California Victim Compensation
25and Government Claims Board pursuant to subdivision (g) or (h),
26unless prohibited by federal law. The secretary shall deduct and
27retain from any settlement or trial award of a parolee an
28administrative fee that totals 5 percent of an amount paid from the
29settlement or award to satisfy an outstanding restitution order or
30fine pursuant to subdivision (n), unless prohibited by federal law.
31The agency is authorized to deduct and retain from any settlement
32or trial award of a person previously imprisoned in county jail an
33administrative fee that totals 5 percent of any amount paid from
34the settlement or award to satisfy an outstanding restitution order
35or fine pursuant to subdivision (n). The secretary or the agency
36shall deposit the administrative fee moneys in a special deposit
37account for reimbursing administrative and support costs of the
38restitution program of the Department of Corrections and
39Rehabilitation or the agency, as applicable. The secretary, at his
40or her discretion, or the agency may retain any excess funds in the
P19   1special deposit account for future reimbursement of the
2department’s or agency’s administrative and support costs for the
3restitution program or may transfer all or part of the excess funds
4for deposit in the Restitution Fund.

5(j) When a prisoner has both a restitution fine and a restitution
6order from the sentencing court, the Department of Corrections
7and Rehabilitation shall collect the restitution order first pursuant
8to subdivision (c).

9(k) When a prisoner is punished by imprisonment in a county
10jail pursuant to subdivision (h) of Section 1170 and that prisoner
11has both a restitution fine and a restitution order from the
12sentencing court, if the agency designated by the board of
13supervisors in the county where the prisoner is incarcerated collects
14the fine and order, the agency shall collect the restitution order
15first pursuant to subdivision (d).

16(l) When a parolee has both a restitution fine and a restitution
17order from the sentencing court, the Department of Corrections
18and Rehabilitation, or, when the prisoner is punished by
19imprisonment in a county jail pursuant to subdivision (h) of Section
201170, the agency designated by the board of supervisors in the
21county where the prisoner is incarcerated, may collect the
22restitution order first, pursuant to subdivision (h).

23(m) If an inmate is housed at an institution that requires food
24to be purchased from the institution canteen for unsupervised
25overnight visits, and if the money for the purchase of this food is
26received from funds other than the inmate’s wages, that money
27shall be exempt from restitution deductions. This exemption shall
28apply to the actual amount spent on food for the visit up to a
29maximum of fifty dollars ($50) for visits that include the inmate
30and one visitor, seventy dollars ($70) for visits that include the
31inmate and two or three visitors, and eighty dollars ($80) for visits
32that include the inmate and four or more visitors.

33(n) Compensatory or punitive damages awarded by trial or
34settlement to any inmate, parolee, person placed on postrelease
35community supervision pursuant to Section 3451, or defendant on
36mandatory supervision imposed pursuant to subparagraph (B) of
37paragraph (5) of subdivision (h) of Section 1170, in connection
38with a civil action brought against a federal, state, or local jail,
39prison, or correctional facility, or any official or agent thereof,
40shall be paid directly, after payment of reasonable attorney’s fees
P20   1and litigation costs approved by the court, to satisfy any
2outstanding restitution orders or restitution fines against that
3person. The balance of the award shall be forwarded to the payee
4after full payment of all outstanding restitution orders and
5restitution fines, subject to subdivisions (e) and (i). The Department
6of Corrections and Rehabilitation shall make all reasonable efforts
7to notify the victims of the crime for which that person was
8convicted concerning the pending payment of any compensatory
9or punitive damages. For any prisoner punished by imprisonment
10in a county jail pursuant to subdivision (h) of Section 1170, the
11agency is authorized to make all reasonable efforts to notify the
12victims of the crime for which that person was convicted
13concerning the pending payment of any compensatory or punitive
14damages.

15(o) (1) Amounts transferred to the California Victim
16Compensation and Government Claims Board for payment of
17 direct orders of restitution shall be paid to the victim within 60
18days from the date the restitution revenues are received by the
19California Victim Compensation and Government Claims Board.
20If the restitution payment to a victim is less than fifty dollars ($50),
21then payment need not be forwarded to that victim until the
22payment reaches fifty dollars ($50) or until 180 days from the date
23the first payment is received, whichever occurs sooner.

24(2) If a victim cannot be located, the restitution revenues
25received by the California Victim Compensation and Government
26Claims Board on behalf of the victim shall be held in trust in the
27Restitution Fund until the end of the state fiscal year subsequent
28to the state fiscal year in which the funds were deposited or until
29the time that the victim has provided current address information,
30 whichever occurs sooner. Amounts remaining in trust at the end
31of the specified period of time shall revert to the Restitution Fund.

32(3) (A) A victim failing to provide a current address within the
33period of time specified in paragraph (2) may provide
34documentation to the Department of Corrections and Rehabilitation,
35which shall verify that moneys were collected on behalf of the
36victim. Upon receipt of that verified information from the
37Department of Corrections and Rehabilitation, the California
38Victim Compensation and Government Claims Board shall transmit
39the restitution revenues to the victim in accordance with the
40provisions of subdivision (c) or (h).

P21   1(B) A victim failing to provide a current address within the
2period of time specified in paragraph (2) may provide
3documentation to the agency designated by the board of supervisors
4in the county where the prisoner punished by imprisonment in a
5county jail pursuant to subdivision (h) of Section 1170 is
6incarcerated, which may verify that moneys were collected on
7behalf of the victim. Upon receipt of that verified information from
8the agency, the California Victim Compensation and Government
9Claims Board shall transmit the restitution revenues to the victim
10in accordance with the provisions of subdivision (d) or (h).

11

SEC. 3.  

Sections 1.5 and 2.5 of this bill shall only become
12operative if both this bill and Senate Bill 1197 of the 2013-14
13Regular Session are enacted and become operative on or before
14January 1, 2015, in which case Sections 1 and 2 of this bill shall
15not become operative.



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