BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1197|
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THIRD READING
Bill No: SB 1197
Author: Pavley (D)
Amended: 5/21/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/22/14
AYES: Hancock, Anderson, De León, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Knight
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/19/14
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Restitution: collection by counties
SOURCE : Los Angeles District Attorney
DIGEST : This bill authorizes counties to collect restitution
orders and restitution fines from persons on post release
community supervision (PRCS) after a prison term and on
mandatory supervision after the custody portion of a split
felony jail term, as specified.
ANALYSIS :
Existing law:
1.States that all crime victims have the right to seek and
secure restitution from the perpetrators of these crimes.
Restitution must be ordered in every case without exception.
Where a defendant has been ordered to pay restitution, all
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money, or property collected from the defendant must be first
applied to satisfy restitution orders.
2.Provides for restitution orders - enforceable as a civil
judgment - to ensure that a victim of a crime who incurs any
economic loss shall receive restitution directly from any
defendant convicted of that crime. If a restitution order is
made, the defendant has the right to a hearing before the
court to dispute the determination of the amount of the order.
A restitution order may be modified upon motion of the
district attorney, the victim or victims, or the defendant.
3.Provides that where a defendant's sentence includes a period
of PRCS or mandatory supervision, the sentencing court must
impose a parole-revocation or supervision restitution fine in
the same amount as that imposed for the restitution fine. The
parole or supervision fine is suspended unless parole or
supervision is revoked.
4.Creates the Victims of Crime Program, administered by the
California Victim Compensation and Government Claims Board
(VCGCB), to reimburse victims of crime for the pecuniary
losses they suffer as a direct result of criminal acts.
Indemnification is made from the Restitution Fund, which is
continuously appropriated to the VCGCB. Restitution fines are
deposited into the Fund.
5.Provides that any part of a restitution fine that remains
unsatisfied after a defendant is no longer on PRCS or
mandatory supervision is enforceable by the VCGCB and the
victim.
6.Provides that local collection programs may continue to
enforce victim restitution orders once a defendant is no
longer on probation, PRCS, or mandatory supervision.
7.Authorizes the Department of Corrections and Rehabilitation
(CDCR) to collect restitution fines and restitution orders
from prisoners.
8.Provides that when a prisoner owes a restitution fine, the
Secretary of CDCR shall deduct 20% to 50% from the prisoner's
wages and trust-account deposits, and transfer that amount to
the VCGCB for deposit in the Restitution Fund.
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9.Provides that whenever a person who has been ordered to pay
restitution to a victim is also sentenced to a term of
imprisonment in state prison, the court and the counties may
provide to CDCR the victim's contact information, when
available, along with the restitution order, for the purposes
of CDCR distributing the restitution collected on behalf of
the victim.
This bill:
1.Authorizes counties to collect direct restitution orders and
restitution fines from persons released from prison on PRCS
and persons released from a jail felony split sentence on
mandatory supervision.
2.States that if a county elects to collect restitution fines
and restitution orders, the county shall coordinate efforts
with the Franchise Tax Board, as specified.
3.Provides that the determination of whether a county will
collect restitution and restitution fines from persons on PRCS
and mandatory supervision shall be made by the board of
supervisors, which shall designate the agency to do the
collections.
4.Provides a discretionary process for counties to collect
restitution orders and restitution fines that is parallel to
the process or system for collection of restitution and
restitution fines from prison inmates, parolees, and persons
serving jail sentences.
A. Where a person on PRCS or mandatory supervision owes
direct restitution and a restitution fine, the direct
restitution order shall be collected first.
B. Any portion of a restitution fine still owing at the end
of PRCS or mandatory supervision shall be collectible by
the VCGCB, as specified. A local collection program may
continue to collect the debt.
C. Any amount of a direct restitution order still owing at
the end of PRCS or mandatory supervision shall be
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collectible by the victim as though a civil judgment, as
specified, and by the VCGCB.
D. Allows at its discretion, a county board of supervisors
to impose a fee upon the individual subject to PRCS 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, the
proceeds of which shall be deposited into the General Fund
of the county.
1.Provides that payment of direct restitution and a restitution
fine shall be a condition of PRCS or mandatory supervision.
Related Legislation
SB 1210 (Lieu, Chapter 762, Statutes of 2012), among other
provisions, authorizes the collection of restitution fines and
orders from realigned felons, as specified, by agencies
designated by local boards of supervisors in which offenders are
incarcerated.
NOTE: See the Senate Public Safety Committee analysis for a
detailed background of the bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee:
Potentially significant increases to the Restitution Fund,
dependent upon the level and rate of collection by those
counties choosing to collect restitution orders and fines.
Potentially significant ongoing costs (Local) to local
agencies for workload related to the collection of restitution
for individuals on PRCS or mandatory supervision. To the
extent the authorized 10% administrative fee on amounts
collected does not fully cover a county's total costs, any
additional costs would need to be covered with local funds.
Minor ongoing costs to the Franchise Tax Board for debt
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collection activities, offset by administrative fee
reimbursement through revenues collected.
SUPPORT : (Verified 5/22/14)
Los Angeles County District Attorney (source)
California Law Enforcement Association of Records Supervisors,
Inc.
California Police Chiefs Association
Chief Probation Officers of California
Crime Victims United of California
OPPOSITION : (Verified 5/22/14)
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author:
SB 1197 provides for the collection and distribution of
restitution and restitution fines when a defendant is
released on PRCS community supervision, or mandatory
supervision. Restitution is a constitutionally protected
right to ensure that the victim is repaid for the harm that
has occurred due to the commission of a crime.
The VCGCB has publicly expressed concerns about the loss of
money from uncollected fines. In order to maintain a
robust victim assistance system, which fines support, it is
necessary to enact the reforms of AB 1197. District
Attorneys get grants from the VCGCB to assist victims -
those grants are threatened by the loss of fine revenue.
ARGUMENTS IN OPPOSITION : According to Taxpayers for Improving
Public Safety, individuals subject to restitution orders
typically are minimum wage individuals who have to pay 50% of
their income for restitution. If one takes 10% of that 50% to
reimburse for the cost of collection, the disincentive to the
probationer/parolee becomes so great that "crime does pay."
JG:e 5/22/14 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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