BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 419| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 419 Page 2 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 CONTINUED SB 419 Page 3 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 CONTINUED SB 419 Page 4 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 **** END **** CONTINUED