Amended in Senate May 21, 2014

Amended in Senate April 29, 2014

Amended in Senate April 10, 2014

Senate BillNo. 1197


Introduced by Senator Pavley

February 20, 2014


An act to amend Sections 1203c and 3453 of, and to add Section 2085.6 to, the Penal Code,begin insert and to amend Section 19280 of the Revenue and Taxation Code,end insert relating to restitution.

LEGISLATIVE COUNSEL’S DIGEST

SB 1197, as amended, 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.

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 completed diversion, enforceable by the California Victim Compensation and Government Claims Board, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to collect restitution fines and fees from inmates and authorizes the collection of those fines and fees from inmates in county jails by an agency designated by the county board of supervisors. Existing law authorizes the secretary, the local agency designated by the county board of supervisors, or, under specified circumstances, a local collection program to collect restitution fines and fees from parolees. Existing law authorizes the secretary and the local agency to deduct and retain administrative fees for fines collected from parolees.

This bill would authorize the collection of restitution fines or restitution orders, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board from a person who has been released from a state prison or county jail and is subject to postrelease community supervision or mandatory supervision, as specified. The bill would authorize a county board of supervisors to impose a fee upon the individual subject to postrelease community supervision or mandatory supervision to cover the actual administrative cost of collecting the restitution fine and the restitution order, not to exceed 10% of the amount collected, to be deposited in the county’s general fund.begin insert The bill would require a county that elects to collect restitution fines and restitution orders pursuant to these provisions to coordinate efforts with the Franchise Tax Board, as specified.end insert

Existing law requires that persons released from prison be subject either to parole for a specified period of time or to postrelease community supervision for a period not exceeding 3 years. Existing law specifies the conditions of postrelease community supervision.

This bill would require, as a condition of postrelease community supervision, that the person pay court-ordered restitution and restitution fines in the same manner as a person placed on probation.

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

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

P3    1

SECTION 1.  

Section 1203c of the Penal Code is amended to
2read:

3

1203c.  

(a) (1) Notwithstanding any other law, whenever a
4person is committed to an institution under the jurisdiction of the
5Department of Corrections and Rehabilitation, whether probation
6has been applied for or not, or granted and revoked, it shall be the
7duty of the probation officer of the county from which the person
8is committed to send to the Department of Corrections and
9Rehabilitation a report of the circumstances surrounding the offense
10and the prior record and history of the defendant, as may be
11required by the Secretary of the Department of Corrections and
12Rehabilitation.

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
38or a county jail pursuant to subdivision (h) of Section 1170, or is
P4    1placed on postrelease community supervision or mandatory
2supervision, 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 send the victim’s contact
6information and a copy of the restitution order to the department
7or to the county agency designated by the board of supervisors to
8collect and distribute restitution for the sole purpose of distributing
9the restitution collected on behalf of the victim.

10(2) Notwithstanding paragraph (1), the district attorney of the
11county from which the person is committed may send the victim’s
12contact information and a copy of the restitution order to the
13department or to the county agency designated by the board of
14 supervisors to collect and distribute restitution for the sole purpose
15of distributing the restitution collected on behalf of the victim if
16the district attorney finds it is in the best interest of the victim to
17send that information. If the victim affirmatively objects, the
18district attorney shall not send the victim’s contact information.
19The district attorney shall not be required to inform the victim of
20the right to object.

21(3) The victim’s contact information shall remain confidential
22and shall not be made part of the court file or combined with any
23public document.

24

SEC. 2.  

Section 2085.6 is added to the Penal Code, to read:

25

2085.6.  

(a) When a prisoner owes a restitution fine, or any
26portion thereof, is subsequently released from the custody of the
27Department of Corrections and Rehabilitation or a county jail
28facility, and is subject to postrelease community supervision under
29Section 3451 or mandatory supervision under subdivision (h) of
30Section 1170, the person shall have a continuing obligation to pay
31the restitution fine in full. The restitution fine obligation and any
32portion left unsatisfied upon placement in postrelease community
33supervision or mandatory supervision is enforceable and may be
34collected, in a manner to be established by the county board of
35supervisors, by the department or county agency designated by
36the board of supervisors in the county where the prisoner is
37released. If a county elects to collect restitution fines, the
38department or county agency designated by the county board of
39supervisors shall transfer that amount to the California Victim
P5    1Compensation and Government Claims Board for deposit in the
2Restitution Fund in the State Treasury.

3(b) When a prisoner owes payment for a restitution order, or
4any portion thereof, is released from the custody of the Department
5of Corrections and Rehabilitation or a county jail facility, and is
6subject to postrelease community supervision under Section 3451
7or mandatory supervision under subdivision (h) of Section 1170,
8the person shall have a continuing obligation to pay the restitution
9order in full. The restitution order obligation and any portion left
10unsatisfied upon placement in postrelease community supervision
11or mandatory supervision is enforceable and may be collected, in
12a manner to be established by the county board of supervisors, by
13the agency designated by the county board of supervisors in the
14 county where the prisoner is released. If the county elects to collect
15the restitution order, the agency designated by the county board
16of supervisors for collection shall transfer the collected amount to
17the California Victim Compensation and Government Claims
18Board for deposit in the Restitution Fund in the State Treasury or
19may pay the victim directly. The sentencing court shall be provided
20a record of payments made to the victim and of the payments
21deposited into the Restitution Fund.

22(c) Any portion of a restitution order or restitution fine that
23remains unsatisfied after an individual is released from postrelease
24community supervision or mandatory supervision shall continue
25to be enforceable by a victim pursuant to Section 1214 until the
26obligation is satisfied.

27(d) At its discretion, a county board of supervisors may impose
28a fee upon the individual subject to postrelease community
29supervision or mandatory supervision to cover the actual
30administrative cost of collecting the restitution fine and the
31restitution order, not to exceed 10 percent of the amount collected,
32the proceeds of which shall be deposited into the general fund of
33the county.

34(e) begin deleteWhere end deletebegin insertIf end inserta county elects to collect both a restitution fine and
35a restitution order, the amount owed on the restitution order shall
36be collected before the restitution fine.

begin insert

37(f) If a county elects to collect restitution fines and restitution
38orders pursuant to this section, the county shall coordinate efforts
39with the Franchise Tax Board pursuant to Section 19280 of the
40Revenue and Taxation Code.

end insert
begin delete

29 P6    1(f)

end delete

2begin insert(g)end insert For purposes of this section, the following definitions shall
3apply:

4(1) “Restitution fine” means a fine imposed pursuant to
5subdivision (a) of Section 13967 of the Government Code, as
6operative prior to September 28, 1994, subdivision (b) of Section
7730.6 of the Welfare and Institutions Code, or subdivision (b) of
8Section 1202.4.

9(2) “Restitution order” means an order for restitution to the
10victim of a crime imposed pursuant to subdivision (c) of Section
1113967 of the Government Code, as operative prior to September
1229, 1994, subdivision (h) of Section 730.6 of the Welfare and
13Institutions Code, or subdivision (f) of Section 1202.4.

14

SEC. 3.  

Section 3453 of the Penal Code is amended to read:

15

3453.  

Postrelease community supervision shall include the
16following conditions:

17(a) The person shall be informed of the conditions of release.

18(b) The person shall obey all laws.

19(c) The person shall report to the supervising county agency
20within two working days of release from custody.

21(d) The person shall follow the directives and instructions of
22the supervising county agency.

23(e) The person shall report to the supervising county agency as
24directed by that agency.

25(f) The person, and his or her residence and possessions, shall
26be subject to search at any time of the day or night, with or without
27a warrant, by an agent of the supervising county agency or by a
28peace officer.

29(g) The person shall waive extradition if found outside the state.

30(h) The person shall inform the supervising county agency of
31the person’s place of residence, employment, education, or training.

32(i) (1) The person shall inform the supervising county agency
33of any pending or anticipated changes in residence, employment,
34education, or training.

35(2) If the person enters into new employment, he or she shall
36inform the supervising county agency of the new employment
37within three business days of that entry.

38(j) The person shall immediately inform the supervising county
39agency if he or she is arrested or receives a citation.

P7    1(k) The person shall obtain the permission of the supervising
2county agency to travel more than 50 miles from the person’s place
3of residence.

4(l) The person shall obtain a travel pass from the supervising
5county agency before he or she may leave the county or state for
6more than two days.

7(m) The person shall not be in the presence of a firearm or
8ammunition, or any item that appears to be a firearm or
9ammunition.

10(n) The person shall not possess, use, or have access to any
11weapon listed in Section 16140, subdivision (c) of Section 16170,
12Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
13of Section 16460, Section 16470, subdivision (f) of Section 16520,
14or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940,
1517090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280,
1617330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725,
1717730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310,
1820410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810,
1922010, 22015, 22210, 22215, 22410, 24310, 24410, 24510, 24610,
2024680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410,
2132415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900,
2233215, 33220, 33225, or 33600.

23(o) (1) Except as provided in paragraph (2) and subdivision
24(p), the person shall not possess a knife with a blade longer than
25two inches.

26(2) The person may possess a kitchen knife with a blade longer
27than two inches if the knife is used and kept only in the kitchen of
28the person’s residence.

29(p) The person may use a knife with a blade longer than two
30inches, if the use is required for that person’s employment, the use
31has been approved in a document issued by the supervising county
32agency, and the person possesses the document of approval at all
33times and makes it available for inspection.

34(q) The person shall waive any right to a court hearing prior to
35the imposition of a period of “flash incarceration” in a city or
36county jail of not more than 10 consecutive days for any violation
37of his or her postrelease supervision conditions.

38(r) The person shall participate in rehabilitation programming
39as recommended by the supervising county agency.

P8    1(s) The person shall be subject to arrest with or without a warrant
2by a peace officer employed by the supervising county agency or,
3at the direction of the supervising county agency, by any peace
4officer when there is probable cause to believe the person has
5violated the terms and conditions of his or her release.

6(t) The person shall pay court-ordered restitution and restitution
7fines in the same manner as a person placed on probation.

8begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 19280 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
9amended to read:end insert

10

19280.  

(a) (1) Fines, state or local penalties, bail, forfeitures,
11restitution fines, restitution orders, or any other amounts imposed
12by a juvenile or superior court of the State of California upon a
13person or any other entity that are due and payable in an amount
14totaling no less than one hundred dollars ($100), in the aggregate,
15for criminal offenses, including all offenses involving a violation
16of the Vehicle Code, and any amounts due pursuant to Section
17903.1 of the Welfare and Institutions Code may, no sooner than
1890 days after payment of that amount becomes delinquent, be
19referred by the juvenile or superior court, the county, or the state
20to the Franchise Tax Board for collection under guidelines
21prescribed by the Franchise Tax Board. Unless the victim of the
22crime notifies the Department of Corrections and Rehabilitation
23begin insert or countyend insert to the contrary, the Department of Corrections and
24Rehabilitationbegin insert or countyend insert may refer a restitution order to the
25Franchise Tax Board, in accordance with subparagraph (B) of
26paragraph (2), for any person subject to the restitution order who
27is or has been under the jurisdiction of the Department of
28Corrections and Rehabilitationbegin insert or countyend insert.

29(2) For purposes of this subdivision:

30(A) The amounts referred by the juvenile or superior court, the
31county, or the state under this section may include an administrative
32fee and any amounts that a government entity may add to the
33court-imposed obligation as a result of the underlying offense,
34trial, or conviction. For purposes of this article, those amounts
35shall be deemed to be imposed by the court.

36(B) Restitution orders may be referred to the Franchise Tax
37Board only by a government entity, as agreed upon by the
38Franchise Tax Board, provided that all of the following apply:

39(i) The government entity has the authority to collect on behalf
40of the state or the victim.

P9    1(ii) The government entity shall be responsible for distributing
2the restitution order collections, as appropriate.

3(iii) The government entity shall ensure, in making the referrals
4and distributions, that it coordinates with any other related
5collection activities that may occur by superior courts, counties,
6or other state agencies.

7(iv) The government entity shall ensure compliance with laws
8relating to the reimbursement of the State Restitution Fund.

9(C) The Franchise Tax Board shall establish criteria forbegin delete referral,
10whichend delete
begin insert referral thatend insert shall include setting forth a minimum dollar
11amount subject to referral and collection.

12(b) The Franchise Tax Board, in conjunction with the Judicial
13Council, shall seek whatever additional resources are needed to
14accept referrals from all 58 counties or superior courts.

15(c) Upon written notice to the debtor from the Franchise Tax
16Board, any amount referred to the Franchise Tax Board under
17subdivision (a) and any interest thereon, including any interest on
18the amount referred under subdivision (a) that accrued prior to the
19date of referral, shall be treated as final and due and payable to the
20State of California, and shall be collected from the debtor by the
21Franchise Tax Board in any manner authorized under the law for
22collection of a delinquent personal income tax liability, including,
23but not limited to, issuance of an order and levy under Article 4
24(commencing with Section 706.070) of Chapter 5 of Division 2
25of Title 9 of Part 2 of the Code of Civil Procedure in the manner
26provided for earnings withholding orders for taxes.

27(d) (1) Part 10 (commencing with Section 17001), this part,
28Part 10.7 (commencing with Section 21001), and Part 11
29(commencing with Section 23001) shall apply to amounts referred
30under this article in the same manner and with the same force and
31effect and to the full extent as if the language of those laws had
32been incorporated in full into this article, except to the extent that
33any provision is either inconsistent with this article or is not
34relevant to this article.

35(2) Any information, information sources, or enforcement
36remedies and capabilities available to the court or the state referring
37to the amount due described in subdivisionbegin delete (a),end deletebegin insert (a)end insert shall be
38available to the Franchise Tax Board to be used in conjunction
39with, or independent of, the information, information sources, or
40remedies and capabilities available to the Franchise Tax Board for
P10   1purposes of administering Part 10 (commencing with Section
217001), this part, Part 10.7 (commencing with Section 21001), or
3Part 11 (commencing with Section 23001).

4(e) The activities required to implement and administer this part
5shall not interfere with the primary mission of the Franchise Tax
6Board to administer Part 10 (commencing with Section 17001)
7and Part 11 (commencing with Section 23001).

8(f) For amounts referred for collection under subdivision (a),
9interest shall accrue at the greater of the rate applicable to the
10amount due being collected or the rate provided under Section
1119521. When notice of the amount due includes interest and is
12mailed to the debtor and the amount is paid within 15 days after
13the date of notice, interest shall not be imposed for the period after
14the date of notice.

15(g) begin deleteIn no event shall a end deletebegin insertA end insertcollection under this articlebegin delete be construed
16asend delete
begin insert is notend insert a payment of income taxes imposed under Part 10
17(commencing with Section 17001) or Part 11 (commencing with
18Section 23001).



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