SB 1197, as introduced, Pavley. Restitution: collection by counties.
Existing law requires that restitution fines and fees be imposed upon a person convicted of crime. Under existing law, when a person is committed to an institution under the jurisdiction of the Department of Corrections and Rehabilitation and the court has ordered restitution, the probation officer or the district attorney, with the consent of the victim, is authorized to send the victim’s contact information and a copy of the restitution order to the department for the sole purpose of distributing the restitution collected on behalf of the victim.
This bill, when a person who has been ordered to pay restitution is committed to a county jail or placed on postrelease community supervision or mandatory supervision, would authorize the probation officer or district attorney to provide the victim’s contact information and a copy of the restitution order, with the victim’s consent, to the county agency designated by the board of supervisors to collect and distribute restitution for the sole purpose of distributing the restitution collected on behalf of the victim.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1203c of the Penal Code is amended to
2read:
(a) (1) Notwithstanding any other provisions of law,
4whenever a person is committed to an institution under the
5jurisdiction of the Department of Corrections and Rehabilitation,
6whether probation has been applied for or not, or granted and
7revoked, it shall be the duty of the probation officer of the county
8from which the person is committed to send to the Department of
9Corrections and Rehabilitation a report of the circumstances
10surrounding the offense and the prior record and history of the
11defendant, as may be required by the Secretary of the Department
12of Corrections and Rehabilitation.
13(2) If the person is being committed to the jurisdiction of the
14department for a conviction of an offense that requires him or her
15to register as a sex
offender pursuant to Section 290, the probation
16officer shall include in the report the results of the State-Authorized
17Risk Assessment Tool for Sex Offenders (SARATSO) administered
18pursuant to Sections 290.04 to 290.06, inclusive, if applicable.
19(b) These reports shall accompany the commitment papers. The
20reports shall be prepared in the form prescribed by the administrator
21following consultation with the Board of State and Community
22Corrections, except that if the defendant is ineligible for probation,
23a report of the circumstances surrounding the offense and the prior
24record and history of the defendant, prepared by the probation
25officer on request of the court and filed with the court before
26sentence, shall be deemed to meet the requirements of paragraph
27(1) of subdivision (a).
28(c) In order to allow the probation officer an opportunity to
29interview, for the purpose of
preparation of these reports, the
30defendant shall be held in the county jail for 48 hours, excluding
31Saturdays, Sundays, and holidays, subsequent to imposition of
32sentence and prior to delivery to the custody of the Secretary of
33the Department of Corrections and Rehabilitation, unless the
34probation officer has indicated the need for a different period of
35time.
36(d) Whenever a person is committed to an institution under the
37jurisdiction of the Department of Corrections and Rehabilitation
38begin insert or a county jail pursuant to subdivision (h) of Section 1170, or is
P3 1placed on postrelease community supervision or mandatory
2supervision,end insert and the court has ordered the person to pay restitution
3to a victim, the following shall apply:
4(1) If the victim consents, the probation officer of the
county
5from which the person is committed may sendbegin delete to the Department the victim’s contact information
6of Corrections and Rehabilitationend delete
7and a copy of the restitution orderbegin insert to the department or to the
8county agency designated by the board of supervisors to collect
9and distribute restitutionend insert for the sole purpose of distributing the
10restitution collected on behalf of the victim.
11(2) Notwithstanding paragraph (1), the district attorney of the
12county from which the person is committed may sendbegin delete to the the victim’s contact
13Department of Corrections and Rehabilitationend delete
14information and a copy of the restitution orderbegin insert
to the department
15or to the county agency designated by the board of supervisors to
16collect and distribute restitutionend insert for the sole purpose of distributing
17the restitution collected on behalf of the victim if the district
18attorney finds it is in the best interest of the victim to send that
19information. If the victim affirmatively objects, the district attorney
20shall not send the victim’s contact informationbegin delete to the departmentend delete.
21The district attorney shall not be required to inform the victim of
22the right to object.
23(3) Thebegin insert victim’send insert contact information shall remain confidential
24and shall not be made part of the court file or combined with any
25public document.
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