BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 419
          Author:   Block (D)
          Amended:  8/14/14
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  78-0, 8/19/14 - See last page for vote


           SUBJECT  :    Restitution: collection of fines, fees, and orders

           SOURCE  :     Chief Probation Officers of California


           DIGEST  :    This bill extends existing restitution collection  
          methods to defendants who have restitution orders and fines that  
          remain unsatisfied after serving a county jail term which is not  
          followed by a period of supervised release.

           Assembly Amendments  delete the Senate version of the bill  
          dealing with flash incarceration, and add the current language.

           ANALYSIS  :    

          Existing law: 

          1.States that, in addition to any other penalty provided or  
            imposed under the law, the court shall order the defendant to  
            pay both a restitution fine and restitution to the victim or  
            victims, if any. 

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          2.Specifies that a restitution order is enforceable by the  
            victim as a civil judgment. 

          3.Provides that any portion of a restitution fine or fee or a  
            victim restitution order that remains unsatisfied after a  
            defendant is no longer on probation, parole, post release  
            community supervision (PRCS), or mandatory supervision is  
            enforceable by the California Victim Compensation and  
            Government Claims Board (CVCGCB). 

          4.Allows a local collection program to continue to enforce  
            restitution orders and fines once a defendant is no longer on  
            probation, PRCS, or mandatory supervision. 

          5.Provides that fines, state or local penalties, bail,  
            forfeitures, restitution fines, restitution orders, or any  
            other amounts imposed by the superior court for criminal  
            offenses can be referred to the Franchise Tax Board (FTB) for  
            collection under guidelines prescribed by the FTB no sooner  
            than 90 days after the payments become delinquent. 

          6.Authorizes the court, when imposing a sentence for a county  
            jail eligible felony, to commit the defendant to county jail  
            as follows: 

             A.   For a full term in custody as determined in accordance  
               with applicable sentencing law; or

             B.   For a term as determined in accordance with the  
               applicable sentencing law, but suspend execution of a  
               concluding portion or the term selected in the court's  
               discretion, during which time defendant will be placed on  
               mandatory supervision for the remaining unserved portion of  
               the sentence imposed by the court. 

          This bill: 

          1.Authorizes CVCGCB to collect outstanding restitution fines and  
            victim restitution orders after a defendant is released from  
            serving a term of imprisonment in the county jail under  
            realignment, but which did not include a term of supervised  
            release. 

          2.Allows a local collection program to continue to enforce  

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            restitution fines and victim restitution orders after a  
            defendant's release from a custody term in a county jail  
            pursuant to realignment, but which did not include a term of  
            supervised release. 

          3.Authorizes the local agency to pay the victim directly rather  
            than through the CVCGCB. 

          4.Authorizes the collection of an administrative fee not to  
            exceed 10% of the total amount ordered. 

          5.Contains double-jointing language with SB 1197 (Pavley, 2014).

           Comments
           
          According to the author, "SB 1210 (Lieu), Chapter 762, Statutes  
          of 2012, made changes to ensure that PRCS and Mandatory  
          Supervision offenders were added to the sections governing  
          restitution so that local collection agencies could collect  
          restitution on those offenders post-realignment.  This bill also  
          authorized sheriffs to be able to collect from offenders  
          currently serving custody time in their jails. 

          "One of the populations that was inadvertently not covered in  
          statute are those who are sentenced to custody time in county  
          jail pursuant to [Penal Code Section] 1170(h)(5)(A) and are  
          released from custody.  In this case, since they are not on PRCS  
          or MS [mandatory supervision] they are no longer under the  
          jurisdiction of probation or the sheriff and therefore there is  
          no statutory mechanism to collect restitution from those  
          offenders once they are released from jail. 

          "This bill would add these persons to existing restitution  
          collection procedures to ensure that victims are appropriately  
          receiving restitution orders.  Further, this bill would extend  
          the ability to collect an administrative fee (aligned with what  
          existing statute authorizes for CDCR [California Department of  
          Corrections and Rehabilitation]) for this population."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Assembly Appropriations Committee, minor  
          administrative collection costs to the CVCGCB and local  

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          collections efforts, offset by increased restitution collection.

           SUPPORT  :   (Verified  8/19/14)

          Chief Probation Officers of California (source)
          California Probation, Parole and Correctional Association
          California State Sheriffs' Association



           ASSEMBLY FLOOR  :  78-0, 8/19/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,  
            Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.  
            Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Gomez, Vacancy


          JG:k  8/19/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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