SB 419, as amended, Block. Restitution: collection of fines, fees, and orders.
(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 and restitution orders 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, fees, and orders.
(2) Existing law authorizes the collection of restitution fines, fees, and orders 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 amountbegin delete ordered to be paidend deletebegin insert collectedend 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.
This bill would also authorize the agency to use the funds collected to pay the victim directly.
(4) 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:
Section 1214 of the Penal Code is amended to
2read:
(a) If the judgment is for a fine, including a restitution
4fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
P3 1Section 1203.04 as operative on or before August 2, 1995, or
2Section 13967 of the Government Code, as operative on or before
3September 28, 1994, with or without imprisonment, or a diversion
4restitution fee ordered pursuant to Section 1001.90, the judgment
5may be enforced in the manner provided for the enforcement of
6money judgments generally. Any portion of a restitution fine or
7restitution fee that remains unsatisfied after a defendant is no longer
8on probation, parole, postrelease community supervision pursuant
9to Section 3451, or mandatory supervision pursuant to
10subparagraph (B) of paragraph (5) of subdivision (h) of Section
111170,
after a term in custody pursuant to subparagraph (A) of
12paragraph (5) of subdivision (h) of Section 1170, or after
13completing diversion is enforceable by the California Victim
14Compensation and Government Claims Board pursuant to this
15section. Notwithstanding any other provision of law prohibiting
16disclosure, the state, as defined in Section 900.6 of the Government
17Code, a local public entity, as defined in Section 900.4 of the
18Government Code, or any other entity, may provide the California
19Victim Compensation and Government Claims Board any and all
20information to assist in the collection of unpaid portions of a
21restitution fine for terminated probation or parole cases, or of a
22restitution fee for completed diversion cases. For purposes of the
23preceding sentence, “state, as defined in Section 900.6 of the
24Government Code,” and “any other entity” shall not include the
25Franchise Tax Board. A local
collection program may continue to
26collect restitution fines and restitution orders once a defendant is
27no longer on probation, postrelease community supervision, or
28mandatory supervision or after a term in custody pursuant to
29subparagraph (A) of paragraph (5) of subdivision (h) of Section
301170.
31(b) In any case in which a defendant is ordered to pay restitution,
32the order to pay restitution (1) is deemed a money judgment if the
33defendant was informed of his or her right to have a judicial
34determination of the amount and was provided with a hearing,
35waived a hearing, or stipulated to the amount of the restitution
36ordered, and (2) shall be fully enforceable by a victim as if the
37restitution order were a civil judgment, and enforceable in the same
38manner as is provided for the enforcement of any other money
39judgment. Upon the victim’s
request, the court shall provide the
40victim in whose favor the order of restitution is entered with a
P4 1certified copy of that order and a copy of the defendant’s disclosure
2pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
3affidavit or information pursuant to paragraph (6) of subdivision
4(f) of Section 1202.4, or report pursuant to paragraph (8) of
5subdivision (f) of Section 1202.4. The court also shall provide this
6information to the district attorney upon request in connection with
7an investigation or prosecution involving perjury or the veracity
8of the information contained within the defendant’s financial
9disclosure. In addition, upon request, the court shall provide the
10California Victim Compensation and Government Claims Board
11with a certified copy of any order imposing a restitution fine or
12order and a copy of the defendant’s disclosure pursuant to
13paragraph (5) of subdivision (f)
of Section 1202.4, affidavit or
14information pursuant to paragraph (6) of subdivision (f) of Section
151202.4, or report pursuant to paragraph (8) of subdivision (f) of
16Section 1202.4. A victim shall have access to all resources available
17under the law to enforce the restitution order, including, but not
18limited to, access to the defendant’s financial records, use of wage
19garnishment and lien procedures, information regarding the
20defendant’s assets, and the ability to apply for restitution from any
21fund established for the purpose of compensating victims in civil
22cases. Any portion of a restitution order that remains unsatisfied
23after a defendant is no longer on probation, parole, postrelease
24community supervision under Section 3451, or mandatory
25supervision imposed pursuant to subparagraph (B) of paragraph
26(5) of subdivision (h) of Section 1170 or after a term in custody
27pursuant to subparagraph (A)
of paragraph (5) of subdivision (h)
28
of Section 1170 is enforceable by the victim pursuant to this
29section. Victims and the California Victim Compensation and
30Government Claims Board shall inform the court whenever an
31order to pay restitution is satisfied. A local collection program may
32continue to enforce victim restitution orders once a defendant is
33no longer on probation, postrelease community supervision, or
34mandatory supervision or after completion of a term in custody
35pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
36of Section 1170.
37(c) Except as provided in subdivision (d), and notwithstanding
38the amount in controversy limitation of Section 85 of the Code of
39Civil Procedure, a restitution order or restitution fine that was
40imposed 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.
Section 1214 of the Penal Code is amended to read:
(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.
Section 2085.5 of the Penal Code is amended to read:
(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 September 29, 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 September 29, 1994, subdivision (b) of Section
25730.6 of the Welfare and Institutions Code, or subdivision (b) of
26Section 1202.4, the agency designated by the board of supervisors
27in the county where the prisoner is incarcerated is authorized to
28deduct a minimum of 20 percent or the balance owing on the fine
29amount, whichever is less, up to a maximum of 50 percent from
30the county jail equivalent of wages and trust account deposits of
31a prisoner,
unless prohibited by federal law, and shall transfer that
32amount to the California Victim Compensation and Government
33Claims Board for deposit in the Restitution Fund in the State
34Treasury. The amount deducted shall be credited against the
35amount owing on the fine. The sentencing court shall be provided
36a 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 September 29, 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 September 29, 1994, subdivision (h) of Section
23730.6 of the Welfare and Institutions Code, or subdivision (b) of
24Section 1202.4, the agency designated by the board of supervisors
25in the county where the prisoner is incarcerated is authorized to
26deduct a minimum of 20 percent or the balance owing on the order
27amount, whichever is less, up to a maximum of 50 percent from
28the county jail equivalent of wages and trust account deposits of
29a prisoner, unless prohibited by federal law. The agency shall
30transfer that amount to the California Victim Compensation and
31Government Claims Board for direct payment to the victim, or
32payment 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 amountbegin delete ordered to be paidend deletebegin insert collectedend insert. The agency shall deposit
32the administrative 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 September 29, 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 September 29, 1994,
18subdivision (h) of Section 730.6 of the Welfare and Institutions
19Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
20
secretary, or, when a prisoner is punished by imprisonment in a
21county jail pursuant to subdivision (h) of Section 1170, the agency
22designated by the board of supervisors in the county where the
23prisoner is incarcerated or a local collection program, may collect
24from the parolee or person previously imprisoned in county jail
25any moneys owing, unless prohibited by federal law. The secretary
26or the agency shall transfer that amount to the California Victim
27Compensation and Government Claims Board for direct payment
28to the victim, or payment shall be made to the Restitution Fund to
29the extent that the victim has received assistance pursuant to that
30program, or the agency may pay the victim directly. The sentencing
31court shall be provided a record of the payments made by the
32offender pursuant to this subdivision.
33(i) The secretary, or,
when a prisoner is punished by
34imprisonment in a county jail pursuant to subdivision (h) of Section
351170, the agency designated by the board of supervisors in the
36county where the prisoner is incarcerated, may deduct and retain
37from moneys collected from parolees or persons previously
38imprisoned in county jail an administrative fee that totals 10 percent
39of any amount transferred to the California Victim Compensation
40and Government Claims Board pursuant to subdivision (g) or (h),
P12 1unless prohibited by federal law. The secretary shall deduct and
2retain from any settlement or trial award of a parolee an
3administrative fee that totals 5 percent of an amount paid from the
4settlement or award to satisfy an outstanding restitution order or
5fine pursuant to subdivision (n), unless prohibited by federal law.
6The agency is authorized to deduct and retain from any settlement
7or trial award of a person
previously imprisoned in county jail an
8administrative fee that totals 5 percent of any amount paid from
9the settlement or award to satisfy an outstanding restitution order
10or fine pursuant to subdivision (n). The secretary or the agency
11shall deposit the administrative fee moneys in a special deposit
12account for reimbursing administrative and support costs of the
13restitution program of the Department of Corrections and
14Rehabilitation or the agency, as applicable. The secretary, at his
15or her discretion, or the agency may retain any excess funds in the
16special deposit account for future reimbursement of the
17department’s or agency’s administrative and support costs for the
18restitution program or may transfer all or part of the excess funds
19for deposit in the Restitution Fund.
20(j) When a prisoner has both a restitution fine and a restitution
21order
from the sentencing court, the Department of Corrections
22and Rehabilitation shall collect the restitution order first pursuant
23to subdivision (c).
24(k) When a prisoner is punished by imprisonment in a county
25jail pursuant to subdivision (h) of Section 1170 and that prisoner
26has both a restitution fine and a restitution order from the
27sentencing court, if the agency designated by the board of
28supervisors in the county where the prisoner is incarcerated collects
29the fine and order, the agency shall collect the restitution order
30first pursuant to subdivision (d).
31(l) When a parolee has both a restitution fine and a restitution
32order from the sentencing court, the Department of Corrections
33and Rehabilitation, or, when the prisoner is punished by
34imprisonment in a county jail pursuant
to subdivision (h) of Section
351170, the agency designated by the board of supervisors in the
36county where the prisoner is incarcerated, may collect the
37restitution order first, pursuant to subdivision (h).
38(m) If an inmate is housed at an institution that requires food
39to be purchased from the institution canteen for unsupervised
40overnight visits, and if the money for the purchase of this food is
P13 1received from funds other than the inmate’s wages, that money
2shall be exempt from restitution deductions. This exemption shall
3apply to the actual amount spent on food for the visit up to a
4maximum of fifty dollars ($50) for visits that include the inmate
5and one visitor, seventy dollars ($70) for visits that include the
6inmate and two or three visitors, and eighty dollars ($80) for visits
7that include the inmate and four or more visitors.
8(n) Compensatory or punitive damages awarded by trial or
9settlement to any inmate, parolee, person placed on postrelease
10community supervision pursuant to Section 3451, or defendant on
11mandatory supervision imposed pursuant to subparagraph (B) of
12paragraph (5) of subdivision (h) of Section 1170, in connection
13with a civil action brought against a federal, state, or local jail,
14prison, or correctional facility, or any official or agent thereof,
15shall be paid directly, after payment of reasonable attorney’s fees
16and litigation costs approved by the court, to satisfy any
17outstanding restitution orders or restitution fines against that
18person. The balance of the award shall be forwarded to the payee
19after full payment of all outstanding restitution orders and
20restitution fines, subject to subdivisions (e) and (i). The Department
21of
Corrections and Rehabilitation shall make all reasonable efforts
22to notify the victims of the crime for which that person was
23convicted concerning the pending payment of any compensatory
24or punitive damages. For any prisoner punished by imprisonment
25in a county jail pursuant to subdivision (h) of Section 1170, the
26agency is authorized to make all reasonable efforts to notify the
27victims of the crime for which that person was convicted
28concerning the pending payment of any compensatory or punitive
29damages.
30(o) (1) Amounts transferred to the California Victim
31Compensation and Government Claims Board for payment of
32 direct orders of restitution shall be paid to the victim within 60
33days from the date the restitution revenues are received by the
34California Victim Compensation and Government Claims Board.
35If the
restitution payment to a victim is less than fifty dollars ($50),
36then payment need not be forwarded to that victim until the
37payment reaches fifty dollars ($50) or until 180 days from the date
38the first payment is received, whichever occurs sooner.
39(2) If a victim cannot be located, the restitution revenues
40received by the California Victim Compensation and Government
P14 1Claims Board on behalf of the victim shall be held in trust in the
2Restitution Fund until the end of the state fiscal year subsequent
3to the state fiscal year in which the funds were deposited or until
4the time that the victim has provided current address information,
5whichever occurs sooner. Amounts remaining in trust at the end
6of the specified period of time shall revert to the Restitution Fund.
7(3) (A) A victim failing to provide a current address within the
8period of time specified in paragraph (2) may provide
9documentation to the Department of Corrections and Rehabilitation,
10which shall verify that moneys were collected on behalf of the
11victim. Upon receipt of that verified information from the
12Department of Corrections and Rehabilitation, the California
13Victim Compensation and Government Claims Board shall transmit
14the restitution revenues to the victim in accordance with the
15provisions of subdivision (c) or (h).
16(B) A victim failing to provide a current address within the
17period of time specified in paragraph (2) may provide
18documentation to the agency designated by the board of supervisors
19in the county where the prisoner punished by imprisonment in a
20county jail pursuant to subdivision (h) of Section 1170 is
21incarcerated,
which may then verify that moneys were, in fact,
22collected on behalf of the victim. Upon receipt of that verified
23information from the agency, the California Victim Compensation
24and Government Claims Board shall transmit the restitution
25revenues to the victim in accordance with the provisions of
26subdivision (d) or (h).
Section 2085.5 of the Penal Code is amended to read:
(a) In any case in which a prisoner owes a restitution
29fine imposed pursuant to subdivision (a) of Section 13967 of the
30Government Code, as operative prior to September 29, 1994,
31subdivision (b) of Section 730.6 of the Welfare and Institutions
32Code, or subdivision (b) of Section 1202.4, the Secretary of the
33Department of Corrections and Rehabilitation shall deduct a
34minimum of 20 percent or the balance owing on the fine amount,
35whichever is less, up to a maximum of 50 percent from the wages
36and trust account deposits of a prisoner, unless prohibited by
37federal law, and shall transfer that amount to the California Victim
38Compensation and Government Claims Board for deposit in the
39Restitution Fund in the State Treasury. The amount deducted
shall
P15 1be credited against the amount owing on the fine. The sentencing
2court shall be provided a record of the payments.
3(b) (1) When a prisoner is punished by imprisonment in a
4county jail pursuant to subdivision (h) of Section 1170, in any case
5in which a prisoner owes a restitution fine imposed pursuant to
6subdivision (a) of Section 13967 of the Government Code, as
7operative prior to September 29, 1994, subdivision (b) of Section
8730.6 of the Welfare and Institutions Code, or subdivision (b) of
9Section 1202.4, the agency designated by the board of supervisors
10in the county where the prisoner is incarcerated is authorized to
11deduct a minimum of 20 percent or the balance owing on the fine
12amount, whichever is less, up to a maximum of 50 percent from
13the county jail equivalent of wages and trust account deposits of
14a
prisoner, unless prohibited by federal law, and shall transfer that
15amount to the California Victim Compensation and Government
16Claims Board for deposit in the Restitution Fund in the State
17Treasury. The amount deducted shall be credited against the
18amount owing on the fine. The sentencing court shall be provided
19a record of the payments.
20(2) If the board of supervisors designates the county sheriff as
21the collecting agency, the board of supervisors shall first obtain
22the concurrence of the county sheriff.
23(c) In any case in which a prisoner owes a restitution order
24imposed pursuant to subdivision (c) of Section 13967 of the
25Government Code, as operative prior to September 29, 1994,
26subdivision (h) of Section 730.6 of the Welfare and Institutions
27Code, or subdivision (f) of
Section 1202.4, the Secretary of the
28Department of Corrections and Rehabilitation shall deduct a
29minimum of 20 percent or the balance owing on the order amount,
30whichever is less, up to a maximum of 50 percent from the wages
31and trust account deposits of a prisoner, unless prohibited by
32federal law. The secretary shall transfer that amount to the
33California Victim Compensation and Government Claims Board
34for direct payment to the victim, or payment shall be made to the
35Restitution Fund to the extent that the victim has received
36assistance pursuant to that program. The sentencing court shall be
37provided a record of the payments made to victims and of the
38payments deposited to the Restitution Fund pursuant to this
39subdivision.
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 September 29, 1994, subdivision (h) of Section
6730.6 of the Welfare and Institutions Code, or subdivision (b) of
7Section 1202.4, the agency designated by the board of supervisors
8in the county where the prisoner is incarcerated is authorized to
9deduct a minimum of 20 percent or the balance owing on the order
10amount, whichever is less, up to a maximum of 50 percent from
11the county jail equivalent of wages and trust account deposits of
12a prisoner, unless prohibited by federal law. The agency shall
13transfer that amount to the California Victim Compensation and
14Government Claims Board for direct payment to the victim, or
15payment 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 amountbegin delete ordered to be paidend deletebegin insert collectedend insert. The agency shall deposit
15the administrative 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 September 29, 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 September 29, 1994,
2subdivision (h) of Section 730.6 of the Welfare and Institutions
3Code, or paragraph (3) of
subdivision (a) of Section 1202.4, the
4secretary, or, when a prisoner is punished by imprisonment in a
5county jail pursuant to subdivision (h) of Section 1170, the agency
6designated by the board of supervisors in the county where the
7prisoner is incarcerated or a local collection program, may collect
8from the parolee or, pursuant to Section 2085.6, from a person
9previously imprisoned in county jail any moneys owing, unless
10prohibited by federal law. The secretary or the agency shall transfer
11that amount to the California Victim Compensation and
12Government Claims Board for direct payment to the victim, or
13payment shall be made to the Restitution Fund to the extent that
14the victim has received assistance pursuant to that program, or the
15agency may pay the victim directly. The sentencing court shall be
16provided a record of the payments made by the offender pursuant
17to 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).
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.
O
91