Amended in Assembly August 22, 2014

Amended in Assembly July 3, 2014

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, and to amend Section 19280 of the Revenue and Taxation Code, 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. 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.

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.

This bill would, contingent upon the enactment of SB 419 of the 2013-14 Regular Session, incorporate additional conforming changes.

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.

P4    1(d) Whenever a person is committed to an institution under the
2jurisdiction of the Department of Corrections and Rehabilitation
3or a county jail pursuant to subdivision (h) of Section 1170, or is
4placed on postrelease community supervision or mandatory
5supervision, and the court has ordered the person to pay restitution
6to a victim, the following shall apply:

7(1) If the victim consents, the probation officer of the county
8from which the person is committed may send the victim’s contact
9information and a copy of the restitution order to the department
10or to the county agency designated by the board of supervisors to
11collect and distribute restitution for the sole purpose of distributing
12the restitution collected on behalf of the victim.

13(2) Notwithstanding paragraph (1), the district attorney of the
14county from which the person is committed may send the victim’s
15contact information and a copy of the restitution order to the
16department or to the county agency designated by the board of
17 supervisors to collect and distribute restitution for the sole purpose
18of distributing the restitution collected on behalf of the victim if
19the district attorney finds it is in the best interest of the victim to
20send that information. If the victim affirmatively objects, the
21district attorney shall not send the victim’s contact information.
22The district attorney shall not be required to inform the victim of
23the right to object.

24(3) The victim’s contact information shall remain confidential
25and shall not be made part of the court file or combined with any
26public document.

27

SEC. 2.  

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

28

2085.6.  

(a) When a prisonerbegin insert whoend insert owes a restitution fine, or
29any portion thereof, is subsequently released from the custody of
30the Department of Corrections and Rehabilitation or a county jail
31facility, and is subject to postrelease community supervision under
32Section 3451 or mandatory supervision under subdivision (h) of
33Section 1170,begin delete the personend deletebegin insert he or sheend insert shall have a continuing
34obligation to pay the restitution fine in full. The restitution fine
35obligation and any portion left unsatisfied upon placement in
36postrelease community supervision or mandatory supervision is
37enforceable and may be collected, in a manner to be established
38by the county board of supervisors, by the department or county
39agency designated by the board of supervisors in the county where
40the prisoner is released. If a county elects to collect restitution
P5    1fines, the department or county agency designated by the county
2board of supervisors shall transferbegin delete thatend deletebegin insert theend insert amountbegin insert collectedend insert to the
3California Victim Compensation and Government Claims Board
4for deposit in the Restitution Fund in the State Treasury.

5(b) When a prisonerbegin insert whoend insert owes payment for a restitution order,
6or any portion thereof, is released from the custody of the
7Department of Corrections and Rehabilitation or a county jail
8facility, and is subject to postrelease community supervision under
9Section 3451 or mandatory supervision under subdivision (h) of
10Section 1170,begin delete the personend deletebegin insert he or sheend insert shall have a continuing
11obligation to pay the restitution order in full. The restitution order
12obligation and any portion left unsatisfied upon placement in
13postrelease community supervision or mandatory supervision is
14enforceable and may be collected, in a manner to be established
15by the county board of supervisors, by the agency designated by
16the county board of supervisors in the county where the prisoner
17is released. If the county elects to collect the restitution order, the
18agency designated by the county board of supervisors for collection
19shall transfer the collected amount to the California Victim
20Compensation and Government Claims Board for deposit in the
21Restitution Fund in the State Treasury or may pay the victim
22directly. The sentencing court shall be provided a record of
23payments made to the victim and of the payments deposited into
24the Restitution Fund.

25(c) Any portion of a restitution order or restitution fine that
26remains unsatisfied after an individual is released from postrelease
27community supervision or mandatory supervision shall continue
28to be enforceable by a victim pursuant to Section 1214 until the
29obligation is satisfied.

30(d) At its discretion, a county board of supervisors may impose
31a fee upon the individual subject to postrelease community
32supervision or mandatory supervision to cover the actual
33administrative cost of collecting the restitution fine and the
34restitution order, not to exceed 10 percent of the amount collected,
35the proceeds of which shall be deposited into the general fund of
36the county.

37(e) If a county elects to collect both a restitution fine and a
38restitution order, the amount owed on the restitution order shall
39be collected before the restitution fine.

P6    1(f) If a county elects to collect restitution fines and restitution
2orders pursuant to this section, the county shall coordinate efforts
3with the Franchise Tax Board pursuant to Section 19280 of the
4Revenue and Taxation Code.

5(g) Pursuant to Section 1214, the county agency selected by a
6county board of supervisors to collect restitution fines and
7restitution orders may collect restitution fines and restitution orders
8afterbegin delete a personend deletebegin insert an individualend insert is no longer on postrelease community
9supervision or mandatory supervision.

10(h) For purposes of this section, the following definitions shall
11apply:

12(1) “Restitution fine” means a fine imposed pursuant to
13subdivision (a) of Section 13967 of the Government Code, as
14operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994, subdivision (b) of
15Section 730.6 of the Welfare and Institutions Code, or subdivision
16(b) of Section 1202.4.

17(2) “Restitution order” means an order for restitution to the
18victim of a crime imposed pursuant to subdivision (c) of Section
1913967 of the Government Code, as operative prior to September
2029, 1994, subdivision (h) of Section 730.6 of the Welfare and
21Institutions Code, or subdivision (f) of Section 1202.4.

22

SEC. 2.5.  

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

23

2085.6.  

(a) When a prisonerbegin insert whoend insert owes a restitution fine, or
24any portion thereof, is subsequently released from the custody of
25the Department of Corrections and Rehabilitation or a county jail
26facility, and is subject to postrelease community supervision under
27Section 3451 or mandatory supervision under subdivision (h) of
28Section 1170,begin delete the personend deletebegin insert he or sheend insert shall have a continuing
29obligation to pay the restitution fine in full. The restitution fine
30obligation and any portion left unsatisfied upon placement in
31postrelease community supervision or mandatory supervision is
32enforceable and may be collected, in a manner to be established
33by the county board of supervisors, by the department or county
34agency designated by the board of supervisors in the county where
35the prisoner is released. If a county elects to collect restitution
36fines, the department or county agency designated by the county
37board of supervisors shall transferbegin delete thatend deletebegin insert theend insert amountbegin insert collectedend insert to the
38California Victim Compensation and Government Claims Board
39for deposit in the Restitution Fund in the State Treasury.

P7    1(b) When a prisonerbegin insert whoend insert owes payment for a restitution order,
2or any portion thereof, is released from the custody of the
3Department of Corrections and Rehabilitation or a county jail
4facility, and is subject to postrelease community supervision under
5Section 3451 or mandatory supervision under subdivision (h) of
6Section 1170,begin delete the personend deletebegin insert he or sheend insert shall have a continuing
7obligation to pay the restitution order in full. The restitution order
8obligation and any portion left unsatisfied upon placement in
9postrelease community supervision or mandatory supervision is
10enforceable and may be collected, in a manner to be established
11by the county board of supervisors, by the agency designated by
12the county board of supervisors in the county where the prisoner
13is released. If the county elects to collect the restitution order, the
14agency designated by the county board of supervisors for collection
15shall transfer the collected amount to the California Victim
16Compensation and Government Claims Board for deposit in the
17Restitution Fund in the State Treasury or may pay the victim
18directly. The sentencing court shall be provided a record of
19payments made to the victim and of the payments deposited into
20the Restitution Fund.

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

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

33(e) If a county elects to collect both a restitution fine and a
34restitution order, the amount owed on the restitution order shall
35be collected before the restitution fine.

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

P8    1(g) Pursuant to Section 1214, the county agency selected by a
2county board of supervisors to collect restitution fines and
3restitution orders may collect restitution fines and restitution orders
4afterbegin delete a personend deletebegin insert an individualend insert is no longer on postrelease community
5supervision or mandatory supervision or after a term in custody
6pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
7of Section 1170.

8(h) For purposes of this section, the following definitions shall
9apply:

10(1) “Restitution fine” means a fine imposed pursuant to
11subdivision (a) of Section 13967 of the Government Code, as
12operative prior to Septemberbegin delete 28,end deletebegin insert 29,end insert 1994, subdivision (b) of
13Section 730.6 of the Welfare and Institutions Code, or subdivision
14(b) of Section 1202.4.

15(2) “Restitution order” means an order for restitution to the
16victim of a crime imposed pursuant to subdivision (c) of Section
1713967 of the Government Code, as operative prior to September
1829, 1994, subdivision (h) of Section 730.6 of the Welfare and
19 Institutions Code, or subdivision (f) of Section 1202.4.

20

SEC. 3.  

Section 3453 of the Penal Code is amended to read:

21

3453.  

Postrelease community supervision shall include the
22following conditions:

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

24(b) The person shall obey all laws.

25(c) The person shall report to the supervising county agency
26within two working days of release from custody.

27(d) The person shall follow the directives and instructions of
28the supervising county agency.

29(e) The person shall report to the supervising county agency as
30directed by that agency.

31(f) The person, and his or her residence and possessions, shall
32be subject to search at any time of the day or night, with or without
33a warrant, by an agent of the supervising county agency or by a
34peace officer.

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

36(h) The person shall inform the supervising county agency of
37the person’s place of residence, employment, education, or training.

38(i) (1) The person shall inform the supervising county agency
39of any pending or anticipated changes in residence, employment,
40education, or training.

P9    1(2) If the person enters into new employment, he or she shall
2inform the supervising county agency of the new employment
3within three business days of that entry.

4(j) The person shall immediately inform the supervising county
5agency if he or she is arrested or receives a citation.

6(k) The person shall obtain the permission of the supervising
7county agency to travel more than 50 miles from the person’s place
8of residence.

9(l) The person shall obtain a travel pass from the supervising
10county agency before he or she may leave the county or state for
11more than two days.

12(m) The person shall not be in the presence of a firearm or
13ammunition, or any item that appears to be a firearm or
14ammunition.

15(n) The person shall not possess, use, or have access to any
16weapon listed in Section 16140, subdivision (c) of Section 16170,
17Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
18of Section 16460, Section 16470, subdivision (f) of Section 16520,
19or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940,
2017090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280,
2117330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725,
2217730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310,
2320410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810,
2422010, 22015, 22210, 22215, 22410, 24310, 24410, 24510, 24610,
2524680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410,
2632415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900,
2733215, 33220, 33225, or 33600.

28(o) (1) Except as provided in paragraph (2) and subdivision
29(p), the person shall not possess a knife with a blade longer than
30two inches.

31(2) The person may possess a kitchen knife with a blade longer
32than two inches if the knife is used and kept only in the kitchen of
33the person’s residence.

34(p) The person may use a knife with a blade longer than two
35inches, if the use is required for that person’s employment, the use
36has been approved in a document issued by the supervising county
37agency, and the person possesses the document of approval at all
38times and makes it available for inspection.

39(q) The person shall waive any right to a court hearing prior to
40the imposition of a period of “flash incarceration” in a city or
P10   1county jail of not more than 10 consecutive days for any violation
2of his or her postrelease supervision conditions.

3(r) The person shall participate in rehabilitation programming
4as recommended by the supervising county agency.

5(s) The person shall be subject to arrest with or without a warrant
6by a peace officer employed by the supervising county agency or,
7at the direction of the supervising county agency, by any peace
8officer when there is probable cause to believe the person has
9violated the terms and conditions of his or her release.

10(t) The person shall pay court-ordered restitution and restitution
11fines in the same manner as a person placed on probation.

12

SEC. 4.  

Section 19280 of the Revenue and Taxation Code is
13amended to read:

14

19280.  

(a) (1) Fines, state or local penalties, bail, forfeitures,
15restitution fines, restitution orders, or any other amounts imposed
16by a juvenile or superior court of the State of California upon a
17person or any other entity that are due and payable in an amount
18totaling no less than one hundred dollars ($100), in the aggregate,
19for criminal offenses, including all offenses involving a violation
20of the Vehicle Code, and any amounts due pursuant to Section
21903.1 of the Welfare and Institutions Code may, no sooner than
2290 days after payment of that amount becomes delinquent, be
23referred by the juvenile or superior court, the county, or the state
24to the Franchise Tax Board for collection under guidelines
25prescribed by the Franchise Tax Board. Unless the victim of the
26crime notifies the Department of Corrections and Rehabilitation
27 or county to the contrary, the Department of Corrections and
28Rehabilitation or county may refer a restitution order to the
29Franchise Tax Board, in accordance with subparagraph (B) of
30paragraph (2), for any person subject to the restitution order who
31is or has been under the jurisdiction of the Department of
32Corrections and Rehabilitation or county.

33(2) For purposes of this subdivision:

34(A) The amounts referred by the juvenile or superior court, the
35county, or the state under this section may include an administrative
36fee and any amounts that a government entity may add to the
37court-imposed obligation as a result of the underlying offense,
38trial, or conviction. For purposes of this article, those amounts
39shall be deemed to be imposed by the court.

P11   1(B) Restitution orders may be referred to the Franchise Tax
2Board only by a government entity, as agreed upon by the
3Franchise Tax Board, provided that all of the following apply:

4(i) The government entity has the authority to collect on behalf
5of the state or the victim.

6(ii) The government entity shall be responsible for distributing
7the restitution order collections, as appropriate.

8(iii) The government entity shall ensure, in making the referrals
9and distributions, that it coordinates with any other related
10collection activities that may occur by superior courts, counties,
11or other state agencies.

12(iv) The government entity shall ensure compliance with laws
13relating to the reimbursement of the State Restitution Fund.

14(C) The Franchise Tax Board shall establish criteria for referral
15that shall include setting forth a minimum dollar amount subject
16to referral and collection.

17(b) The Franchise Tax Board, in conjunction with the Judicial
18Council, shall seek whatever additional resources are needed to
19accept referrals from all 58 counties or superior courts.

20(c) Upon written notice to the debtor from the Franchise Tax
21Board, any amount referred to the Franchise Tax Board under
22subdivision (a) and any interest thereon, including any interest on
23the amount referred under subdivision (a) that accrued prior to the
24date of referral, shall be treated as final and due and payable to the
25State of California, and shall be collected from the debtor by the
26Franchise Tax Board in any manner authorized under the law for
27collection of a delinquent personal income tax liability, including,
28but not limited to, issuance of an order and levy under Article 4
29(commencing with Section 706.070) of Chapter 5 of Division 2
30of Title 9 of Part 2 of the Code of Civil Procedure in the manner
31provided for earnings withholding orders for taxes.

32(d) (1) Part 10 (commencing with Section 17001), this part,
33Part 10.7 (commencing with Section 21001), and Part 11
34(commencing with Section 23001) shall apply to amounts referred
35under this article in the same manner and with the same force and
36effect and to the full extent as if the language of those laws had
37been incorporated in full into this article, except to the extent that
38any provision is either inconsistent with this article or is not
39relevant to this article.

P12   1(2) Any information, information sources, or enforcement
2remedies and capabilities available to the court or the state referring
3to the amount due described in subdivision (a) shall be available
4to the Franchise Tax Board to be used in conjunction with, or
5independent of, the information, information sources, or remedies
6and capabilities available to the Franchise Tax Board for purposes
7of administering Part 10 (commencing with Section 17001), this
8part, Part 10.7 (commencing with Section 21001), or Part 11
9(commencing with Section 23001).

10(e) The activities required to implement and administer this part
11shall not interfere with the primary mission of the Franchise Tax
12Board to administer Part 10 (commencing with Section 17001)
13and Part 11 (commencing with Section 23001).

14(f) For amounts referred for collection under subdivision (a),
15interest shall accrue at the greater of the rate applicable to the
16amount due being collected or the rate provided under Section
1719521. When notice of the amount due includes interest and is
18mailed to the debtor and the amount is paid within 15 days after
19the date of notice, interest shall not be imposed for the period after
20the date of notice.

21(g) A collection under this article is not a payment of income
22taxes imposed under Part 10 (commencing with Section 17001)
23or Part 11 (commencing with Section 23001).

24

SEC. 5.  

Section 2.5 of this bill shall only become operative if
25both this bill and Senate Bill 419 of the 2013-14 Regular Session
26are enacted and become operative on or before January 1, 2015,
27in which case Section 2 of this bill shall not become operative.



O

    94