Amended in Assembly August 1, 2016

Amended in Assembly June 27, 2016

Amended in Senate April 6, 2016

Senate BillNo. 1054


Introduced by Senator Pavley

February 16, 2016


An act to amend Section 2085.5 of, and to addbegin delete Sectionend deletebegin insert Sectionsend insert 2085.7begin insert and 2085.8end insert to, the Penal Code, and to amend Section 19280 of the Revenue and Taxation Code, relating to restitution orders.

LEGISLATIVE COUNSEL’S DIGEST

SB 1054, as amended, Pavley. Restitution orders: collection.

(1) Existing law, when a prisoner is punished in a county jail for a felony, in any case in which the prisoner owes a restitutionbegin delete order,end deletebegin insert order or fine,end insert permits the agency designated by the board of supervisors in the county where the prisoner is incarcerated to deduct a minimum of 20% or the balance owing on the order amount, whichever is less, up to a maximum of 50% from a county jail equivalent of wages and trust account deposits of a prisoner for transfer to the California Victim Compensation and Government Claims Board. Existing law authorizes the agency to deduct and retain an administrative fee from a prisoner, parolee, or former prisoner that totals 10% of any amount transferred to the board pursuant to these provisions. Existing law authorizes the collection of restitution fines or restitution orders 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.

This bill would instead allow the designated agency to deduct and retain an administrative fee from abegin delete prisoner, parolee, or former prisoner to coverend deletebegin insert prisoner or parolee in an amount that coversend insert the actual administrative cost of collection, not to exceed 10% of the total amount collected pursuant to the above provisions. The 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 county agency designated by the board from a person who has been released from a county jail without being subject to postrelease community supervision or mandatory supervision, as specified. 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.begin insert The bill would also make technical, nonsubstantive changes to the organization of the provisions.end insert

(2) Existing law, unless the victim of the crime notifies the Department of Corrections and Rehabilitation or county to the contrary, allows the department or county to refer a restitution order to the Franchise Tax Board for collection.

This bill would prohibit the department or county from referring the restitution order to the Franchise Tax Board if a county agency has been designated by the county board of supervisors to collect restitution from individuals who have been sentenced to a county jail for a felony, who are on mandatory supervision, or who are on postrelease community supervision, the designated county agency has an existing collection system and objects to collection by the board, and the designated county agency informs the department or county that it will collect the restitution order. If the crime victim entitled to restitution in the order notifies either the department or the designated county agency with regard to his or her preference of a collecting agency, the bill would require the collection to be performed in accordance with that preference.

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

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

begin delete
P2    1

SECTION 1.  

Section 2085.5 of the Penal Code is amended to
2read:

3

2085.5.  

(a) In any case in which a prisoner owes a restitution
4fine imposed pursuant to subdivision (a) of Section 13967 of the
P3    1Government Code, as operative prior to September 29, 1994,
2subdivision (b) of Section 730.6 of the Welfare and Institutions
3Code, or subdivision (b) of Section 1202.4 of this code, the
4Secretary of the Department of Corrections and Rehabilitation
5shall deduct a minimum of 20 percent or the balance owing on the
6fine amount, whichever is less, up to a maximum of 50 percent
7from the wages and trust account deposits of a prisoner, unless
8prohibited by federal law, and shall transfer that amount to the
9California Victim Compensation and Government Claims Board
10for deposit in the Restitution Fund. The amount deducted shall be
11credited against the amount owing on the fine. The sentencing
12court shall be provided a record of the payments.

13(b) (1) If a prisoner is punished by imprisonment in a county
14jail pursuant to subdivision (h) of Section 1170 and owes a
15restitution fine imposed pursuant to subdivision (a) of Section
1613967 of the Government Code, as operative prior to September
1729, 1994, subdivision (b) of Section 730.6 of the Welfare and
18Institutions Code, or subdivision (b) of Section 1202.4 of this code,
19the agency designated by the board of supervisors in the county
20where the prisoner is incarcerated is authorized to deduct a
21minimum of 20 percent or the balance owing on the fine amount,
22whichever is less, up to a maximum of 50 percent from a county
23jail equivalent of wages and trust account deposits of a prisoner,
24unless prohibited by federal law, and shall transfer that amount to
25the California Victim Compensation and Government Claims
26Board for deposit in the Restitution Fund. The amount deducted
27shall be credited against the amount owing on the fine. The
28sentencing court shall be provided a record of the payments.

29(2) If the board of supervisors designates the county sheriff as
30the collecting agency, the board of supervisors shall first obtain
31the concurrence of the county sheriff.

32(c) In any case in which a prisoner owes a restitution order
33imposed pursuant to subdivision (c) of Section 13967 of the
34Government Code, as operative prior to September 29, 1994,
35subdivision (h) of Section 730.6 of the Welfare and Institutions
36Code, or subdivision (f) of Section 1202.4 of this code, the
37secretary shall deduct a minimum of 20 percent or the balance
38owing on the order amount, whichever is less, up to a maximum
39of 50 percent from the wages and trust account deposits of a
40prisoner, unless prohibited by federal law. The secretary shall
P4    1transfer that amount to the California Victim Compensation and
2Government Claims Board for direct payment to the victim, or
3payment shall be made to the Restitution Fund to the extent that
4the victim has received assistance pursuant to that program. The
5sentencing court shall be provided a record of the payments made
6to victims and of the payments deposited to the Restitution Fund
7pursuant to this subdivision.

8(d) If a prisoner is punished by imprisonment in a county jail
9pursuant to subdivision (h) of Section 1170 and owes a restitution
10order imposed pursuant to subdivision (c) of Section 13967 of the
11Government Code, as operative prior to September 29, 1994,
12subdivision (h) of Section 730.6 of the Welfare and Institutions
13Code, or subdivision (b) of Section 1202.4 of this code, the agency
14designated by the board of supervisors in the county where the
15prisoner is incarcerated is authorized to deduct a minimum of 20
16percent or the balance owing on the order amount, whichever is
17less, up to a maximum of 50 percent from a county jail equivalent
18of wages and trust account deposits of a prisoner, unless prohibited
19by federal law. The agency shall transfer that amount to the
20California Victim Compensation and Government Claims Board
21for direct payment to the victim, or payment shall be made to the
22Restitution Fund to the extent that the victim has received
23assistance pursuant to that program, or may pay the victim directly.
24The sentencing court shall be provided a record of the payments
25made to the victims and of the payments deposited to the
26Restitution Fund pursuant to this subdivision.

27(e) The secretary shall deduct and retain from the wages and
28trust account deposits of a prisoner, unless prohibited by federal
29law, an administrative fee that totals 10 percent of any amount
30transferred to the California Victim Compensation and Government
31Claims Board pursuant to subdivision (a) or (c). The secretary
32shall deduct and retain from any prisoner settlement or trial award,
33an administrative fee that totals 5 percent of any amount paid from
34the settlement or award to satisfy an outstanding restitution order
35or fine pursuant to subdivision (n), unless prohibited by federal
36law. The secretary shall deposit the administrative fee moneys in
37a special deposit account for reimbursing administrative and
38support costs of the restitution program of the department. The
39secretary, at his or her discretion, may retain any excess funds in
40the special deposit account for future reimbursement of the
P5    1department’s administrative and support costs for the restitution
2program or may transfer all or part of the excess funds for deposit
3in the Restitution Fund.

4(f) If a prisoner is punished by imprisonment in a county jail
5pursuant to subdivision (h) of Section 1170, the agency designated
6by the board of supervisors in the county where the prisoner is
7incarcerated is authorized to deduct and retain from a county jail
8equivalent of wages and trust account deposits of a prisoner, unless
9prohibited by federal law, an administrative fee to cover the actual
10administrative cost of collection, not to exceed 10 percent of the
11total amount collected pursuant to subdivision (b) or (d). The
12agency is authorized to deduct and retain from a prisoner settlement
13or trial award an administrative fee that totals 5 percent of any
14amount paid from the settlement or award to satisfy an outstanding
15 restitution order or fine pursuant to subdivision (n), unless
16prohibited by federal law. The agency shall deposit the
17administrative fee moneys in a special deposit account for
18reimbursing administrative and support costs of the restitution
19program of the agency. The agency may retain any excess funds
20in the special deposit account for future reimbursement of the
21agency’s administrative and support costs for the restitution
22program or may transfer all or part of the excess funds for deposit
23in the Restitution Fund.

24(g) In any case in which a parolee owes a restitution fine
25imposed pursuant to subdivision (a) of Section 13967 of the
26Government Code, as operative prior to September 29, 1994,
27subdivision (b) of Section 730.6 of the Welfare and Institutions
28Code, or subdivision (b) of Section 1202.4 of this code, the
29secretary, or, when a prisoner is punished by imprisonment in a
30county jail pursuant to subdivision (h) of Section 1170, the agency
31designated by the board of supervisors in the county where the
32prisoner is incarcerated, may collect from the parolee or, pursuant
33to Section 2085.6 or 2085.7, from a person previously imprisoned
34in county jail any moneys owing on the restitution fine amount,
35unless prohibited by federal law. The secretary or the agency shall
36transfer that amount to the California Victim Compensation and
37Government Claims Board for deposit in the Restitution Fund.
38The amount deducted shall be credited against the amount owing
39on the fine. The sentencing court shall be provided a record of the
40payments.

P6    1(h) In any case in which a parolee owes a direct order of
2restitution, imposed pursuant to subdivision (c) of Section 13967
3of the Government Code, as operative prior to September 29, 1994,
4subdivision (h) of Section 730.6 of the Welfare and Institutions
5Code, or paragraph (3) of subdivision (a) of Section 1202.4 of this
6code, the secretary, or, when a prisoner is punished by
7imprisonment in a county jail pursuant to subdivision (h) of Section
81170, the agency designated by the board of supervisors in the
9county where the prisoner is incarcerated or a local collection
10program, may collect from the parolee or, pursuant to Section
112085.6 or 2085.7, from a person previously imprisoned in county
12jail any moneys owing, unless prohibited by federal law. The
13secretary or the agency shall transfer that amount to the California
14Victim Compensation and Government Claims Board for direct
15payment to the victim, or payment shall be made to the Restitution
16Fund to the extent that the victim has received assistance pursuant
17to that program, or the agency may pay the victim directly. The
18sentencing court shall be provided a record of the payments made
19by the offender pursuant to this subdivision.

20(i) The secretary or, if a prisoner is punished by imprisonment
21in a county jail pursuant to subdivision (h) of Section 1170, the
22agency designated by the board of supervisors in the county where
23the prisoner is incarcerated, may deduct and retain from moneys
24collected from parolees or persons previously imprisoned in county
25jail an administrative fee to cover the actual administrative cost
26of collection, not to exceed 10 percent of the total amount collected
27pursuant to subdivision (g) or (h), unless prohibited by federal law.
28The secretary shall deduct and retain from any settlement or trial
29award of a parolee an administrative fee that totals 5 percent of an
30 amount paid from the settlement or award to satisfy an outstanding
31restitution order or fine pursuant to subdivision (n), unless
32prohibited by federal law. The agency may deduct and retain from
33any settlement or trial award of a person previously imprisoned in
34county jail an administrative fee that totals 5 percent of any amount
35paid from the settlement or award to satisfy an outstanding
36restitution order or fine pursuant to subdivision (n). The secretary
37or the agency shall deposit the administrative fee moneys in a
38special deposit account for reimbursing administrative and support
39costs of the department’s or agency’s restitution program, as
40applicable. The secretary, at his or her discretion, or the agency
P7    1may retain any excess funds in the special deposit account for
2future reimbursement of the department’s or agency’s
3administrative and support costs for the restitution program or may
4transfer all or part of the excess funds for deposit in the Restitution
5Fund.

6(j) If a prisoner has both a restitution fine and a restitution order
7from the sentencing court, the department shall collect the
8restitution order first pursuant to subdivision (c).

9(k) If a prisoner is punished by imprisonment in a county jail
10pursuant to subdivision (h) of Section 1170 and that prisoner has
11both a restitution fine and a restitution order from the sentencing
12court, if the agency designated by the board of supervisors in the
13county where the prisoner is incarcerated collects the fine and
14order, the agency shall collect the restitution order first pursuant
15to subdivision (d).

16(l) If a parolee has both a restitution fine and a restitution order
17from the sentencing court, the department or, if the prisoner is
18punished by imprisonment in a county jail pursuant to subdivision
19(h) of Section 1170, the agency designated by the board of
20supervisors in the county where the prisoner is incarcerated, may
21collect the restitution order first, pursuant to subdivision (h).

22(m) If an inmate is housed at an institution that requires food
23to be purchased from the institution canteen for unsupervised
24overnight visits, and if the money for the purchase of this food is
25received from funds other than the inmate’s wages, that money
26shall be exempt from restitution deductions. This exemption shall
27apply to the actual amount spent on food for the visit up to a
28maximum of fifty dollars ($50) for visits that include the inmate
29and one visitor, seventy dollars ($70) for visits that include the
30inmate and two or three visitors, and eighty dollars ($80) for visits
31that include the inmate and four or more visitors.

32(n) Compensatory or punitive damages awarded by trial or
33settlement to any inmate, parolee, person placed on postrelease
34community supervision pursuant to Section 3451, or defendant on
35mandatory supervision imposed pursuant to subparagraph (B) of
36paragraph (5) of subdivision (h) of Section 1170, in connection
37with a civil action brought against a federal, state, or local jail,
38prison, or correctional facility, or any official or agent thereof,
39shall be paid directly, after payment of reasonable attorney’s fees
40and litigation costs approved by the court, to satisfy any
P8    1outstanding restitution orders or restitution fines against that
2person. The balance of the award shall be forwarded to the payee
3after full payment of all outstanding restitution orders and
4restitution fines, subject to subdivisions (e) and (i). The department
5shall make all reasonable efforts to notify the victims of the crime
6for which that person was convicted concerning the pending
7payment of any compensatory or punitive damages. For any
8prisoner punished by imprisonment in a county jail pursuant to
9subdivision (h) of Section 1170, the agency is authorized to make
10all reasonable efforts to notify the victims of the crime for which
11that person was convicted concerning the pending payment of any
12compensatory or punitive damages.

13(o) (1) Amounts transferred to the California Victim
14Compensation and Government Claims Board for payment of
15direct orders of restitution shall be paid to the victim within 60
16days from the date the restitution revenues are received by the
17California Victim Compensation and Government Claims Board.
18If the restitution payment to a victim is less than twenty-five dollars
19($25), then payment need not be forwarded to that victim until the
20payment reaches twenty-five dollars ($25) or when the victim
21requests payment of the lesser amount.

22(2) If a victim cannot be located, the restitution revenues
23received by the California Victim Compensation and Government
24Claims Board on behalf of the victim shall be held in trust in the
25Restitution Fund until the end of the state fiscal year subsequent
26to the state fiscal year in which the funds were deposited or until
27the time that the victim has provided current address information,
28whichever occurs sooner. Amounts remaining in trust at the end
29of the specified period of time shall revert to the Restitution Fund.

30(3) (A) A victim failing to provide a current address within the
31period of time specified in paragraph (2) may provide
32documentation to the department, which shall verify that moneys
33were collected on behalf of the victim. Upon receipt of that verified
34information from the department, the California Victim
35Compensation and Government Claims Board shall transmit the
36restitution revenues to the victim in accordance with the provisions
37of subdivision (c) or (h).

38(B) A victim failing to provide a current address within the
39period of time specified in paragraph (2) may provide
40documentation to the agency designated by the board of supervisors
P9    1in the county where the prisoner punished by imprisonment in a
2county jail pursuant to subdivision (h) of Section 1170 is
3incarcerated, which may verify that moneys were collected on
4behalf of the victim. Upon receipt of that verified information from
5the agency, the California Victim Compensation and Government
6Claims Board shall transmit the restitution revenues to the victim
7in accordance with the provisions of subdivision (d) or (h).

end delete
8begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2085.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
9read:end insert

10

2085.5.  

(a) In any case in which a prisoner owes a restitution
11fine imposed pursuant to subdivision (a) of Section 13967 of the
12Government Code, as operative prior to September 29, 1994,
13subdivision (b) of Section 730.6 of the Welfare and Institutions
14Code, or subdivision (b) of Sectionbegin delete 1202.4,end deletebegin insert 1202.4 of this code,end insert
15 thebegin delete Secretary of the Department of Corrections and Rehabilitationend delete
16begin insert secretaryend insert shall deduct a minimum of 20 percent or the balance
17owing on the fine amount, whichever is less, up to a maximum of
1850 percent from the wages and trust account deposits of a prisoner,
19unless prohibited by federal law, and shall transfer that amount to
20the California Victim Compensation Board for deposit in the
21Restitutionbegin delete Fund in the State Treasury.end deletebegin insert Fund.end insert The amount deducted
22shall be credited against the amount owing on the fine. The
23sentencing court shall be provided a record of the payments.

24(b) (1) begin deleteWhen end deletebegin insertIf end inserta prisoner is punished by imprisonment in a
25county jail pursuant to subdivision (h) of Sectionbegin delete 1170, in any case
26in which a prisonerend delete
begin insert 1170 andend insert owes a restitution fine imposed
27pursuant to subdivision (a) of Section 13967 of the Government
28Code, as operative prior to September 29, 1994, subdivision (b)
29of Section 730.6 of the Welfare and Institutions Code, or
30subdivision (b) of Sectionbegin delete 1202.4,end deletebegin insert 1202.4 of this code,end insert the agency
31designated by the board of supervisors inbegin delete theend deletebegin insert aend insert county where the
32prisoner is incarcerated is authorized to deduct a minimum of 20
33percent or the balance owing on the fine amount, whichever is
34less, up to a maximum of 50 percent from the county jail equivalent
35of wages and trust account deposits of a prisoner, unless prohibited
36by federal law, and shall transfer that amount to the California
37Victim Compensation Board for deposit in the Restitutionbegin delete Fund
38in the State Treasury.end delete
begin insert Fund.end insert The amount deducted shall be credited
39against the amount owing on the fine. The sentencing court shall
40be provided a record of the payments.

P10   1(2) If the board of supervisors designates the county sheriff as
2the collecting agency, the board of supervisors shall first obtain
3the concurrence of the county sheriff.

4(c) In any case in which a prisoner owes a restitution order
5imposed pursuant to subdivision (c) of Section 13967 of the
6Government Code, as operative prior to September 29, 1994,
7subdivision (h) of Section 730.6 of the Welfare and Institutions
8Code, or subdivision (f) of Sectionbegin delete 1202.4,end deletebegin insert 1202.4 of this code,end insert
9 thebegin delete Secretary of the Department of Corrections and Rehabilitationend delete
10begin insert secretaryend insert shall deduct a minimum of 20 percent or the balance
11owing on the order amount, whichever is less, up to a maximum
12of 50 percent from the wages and trust account deposits of a
13prisoner, unless prohibited by federal law. The secretary shall
14transfer that amount to the California Victim Compensation Board
15for direct payment to the victim, or payment shall be made to the
16Restitution Fund to the extent that the victim has received
17assistance pursuant to that program. The sentencing court shall be
18provided a record of the payments made to victims and of the
19payments deposited to the Restitution Fund pursuant to this
20subdivision.

21(d) begin deleteWhen end deletebegin insertIf end inserta prisoner is punished by imprisonment in a county
22jail pursuant to subdivision (h) of Sectionbegin delete 1170, in any case in
23which a prisonerend delete
begin insert 1170 andend insert owes a restitution order imposed
24pursuant to subdivision (c) of Section 13967 of the Government
25Code, as operative prior to September 29, 1994, subdivision (h)
26of Section 730.6 of the Welfare and Institutions Code, or
27subdivision (b) of Sectionbegin delete 1202.4,end deletebegin insert 1202.4 of this code,end insert the agency
28designated by the board of supervisors in the county where the
29prisoner is incarcerated is authorized to deduct a minimum of 20
30percent or the balance owing on the order amount, whichever is
31less, up to a maximum of 50 percent from the county jail equivalent
32of wages and trust account deposits of a prisoner, unless prohibited
33by federal law. The agency shall transfer that amount to the
34California Victim Compensation Board for direct payment to the
35victim, or payment shall be made to the Restitution Fund to the
36extent that the victim has received assistance pursuant to that
37program, or may pay the victim directly. The sentencing court
38shall be provided a record of the payments made to the victims
39and of the payments deposited to the Restitution Fund pursuant to
40this subdivision.

P11   1(e) begin deleteThe end deletebegin insertExcept as provided in Section 2085.8, the end insertsecretary shall
2deduct and retain from the wages and trust account deposits of a
3prisoner, unless prohibited by federal law, an administrative fee
4that totals 10 percent of any amount transferred to the California
5Victim Compensation Board pursuant to subdivision (a) or (c). begin delete6 The secretary shall deduct and retain from any prisoner settlement
7or trial award, an administrative fee that totals 5 percent of any
8amount paid from the settlement or award to satisfy an outstanding
9restitution order or fine pursuant to subdivision (n), unless
10prohibited by federal law.end delete
The secretary shall deposit the
11administrative fee moneys in a special deposit account for
12reimbursing administrative and support costs of the restitution
13program of thebegin delete Department of Corrections and Rehabilitation.end delete
14begin insert department.end insert The secretary, at his or her discretion, may retain any
15excess funds in the special deposit account for future
16reimbursement of the department’s administrative and support
17costs for the restitution program or may transfer all or part of the
18excess funds for deposit in the Restitution Fund.

19(f) begin deleteWhen end deletebegin insertExcept as provided in Section 2085.8, if end inserta prisoner is
20punished by imprisonment in a county jail pursuant to subdivision
21(h) of Section 1170, the agency designated by the board of
22supervisors inbegin delete theend deletebegin insert aend insert county where the prisoner is incarceratedbegin delete is
23authorized toend delete
begin insert mayend insert deduct and retain from the county jail equivalent
24of wages and trust account deposits of a prisoner, unless prohibited
25by federal law, an administrative feebegin delete that totals 10 percent of any
26amount transferred to the California Victim Compensation Boardend delete

27begin insert to cover the actual administrative cost of collection, not to exceed
2810 percent of the total amount collected,end insert
pursuant to subdivision
29(b) or (d).begin delete The agency is authorized to deduct and retain from a
30prisoner settlement or trial award an administrative fee that totals
315 percent of any amount paid from the settlement or award to
32satisfy an outstanding restitution order or fine pursuant to
33subdivision (n), unless prohibited by federal law. Upon release
34from custody pursuant to subdivision (h) of Section 1170, the
35agency is authorized to charge a fee to cover the actual
36administrative cost of collection, not to exceed 10 percent of the
37total amount collected.end delete
The agency shall deposit the administrative
38fee moneys in a special deposit account for reimbursing
39administrative and support costs of the restitution program of the
40agency. The agencybegin delete is authorized toend deletebegin insert mayend insert retain any excess funds
P12   1in the special deposit account for future reimbursement of the
2agency’s administrative and support costs for the restitution
3program or may transfer all or part of the excess funds for deposit
4in the Restitution Fund.

5(g) In any case in which a parolee owes a restitution fine
6imposed pursuant to subdivision (a) of Section 13967 of the
7Government Code, as operative prior to September 29, 1994,
8subdivision (b) of Section 730.6 of the Welfare and Institutions
9Code, or subdivision (b) of Sectionbegin delete 1202.4,end deletebegin insert 1202.4 of this code,
10eitherend insert
thebegin delete secretary, or, whenend deletebegin insert secretary or, ifend insert a prisoner is punished
11by imprisonment in a county jail pursuant to subdivision (h) of
12Section 1170, the agency designated by the board of supervisors
13in the county where the prisoner isbegin delete incarcerated,end deletebegin insert incarceratedend insert may
14collect from the paroleebegin delete or, pursuant to Section 2085.6, from a
15person previously imprisoned in county jailend delete
any moneys owing on
16the restitution fine amount, unless prohibited by federal law. The
17secretary or the agency shall transfer that amount to the California
18Victim Compensation Board for deposit in the Restitutionbegin delete Fund
19in the State Treasury.end delete
begin insert Fund.end insert The amount deducted shall be credited
20against the amount owing on the fine. The sentencing court shall
21be provided a record of the payments.

22(h) In any case in which a parolee owes a direct order of
23restitution, imposed pursuant to subdivision (c) of Section 13967
24of the Government Code, as operative prior to September 29, 1994,
25subdivision (h) of Section 730.6 of the Welfare and Institutions
26Code, or paragraph (3) of subdivision (a) of Section 1202.4,begin insert eitherend insert
27 thebegin delete secretary, or, whenend deletebegin insert secretary or, ifend insert a prisoner is punished by
28imprisonment in a county jail pursuant to subdivision (h) of Section
291170, the agency designated by the board of supervisors in the
30county where the prisoner is incarcerated or a local collection
31begin delete program,end deletebegin insert programend insert may collect from the paroleebegin delete or, pursuant to
32Section 2085.6, from a person previously imprisoned in county
33jailend delete
any moneys owing, unless prohibited by federal law. The
34secretary or the agency shall transfer that amount to the California
35Victim Compensation Board for direct payment to the victim, or
36payment shall be made to the Restitution Fund to the extent that
37the victim has received assistance pursuant to that program, or the
38agency may pay the victim directly. The sentencing court shall be
39provided a record of the payments made by the offender pursuant
40to this subdivision.

P13   1(i) begin deleteThe secretary, end deletebegin insertExcept as provided in Section 2085.8, either
2the secretary end insert
or,begin delete whenend deletebegin insert ifend insert a prisoner is punished by imprisonment
3in a county jail pursuant to subdivision (h) of Section 1170, the
4agency designated by the board of supervisors in the county where
5the prisoner isbegin delete incarcerated,end deletebegin insert incarceratedend insert may deduct and retain
6from moneys collected from paroleesbegin delete or persons previously
7imprisoned in county jailend delete
an administrative fee begin delete that totals 10 percent
8of any amount transferred to the California Victim Compensation
9Boardend delete
begin insert to cover the actual administrative cost of collection, not to
10exceed 10 percent of the total amount collectedend insert
pursuant to
11subdivision (g) or (h), unless prohibited by federal law. begin delete The
12secretary shall deduct and retain from any settlement or trial award
13of a parolee an administrative fee that totals 5 percent of an amount
14paid from the settlement or award to satisfy an outstanding
15restitution order or fine pursuant to subdivision (n), unless
16prohibited by federal law. The agency is authorized to deduct and
17retain from any settlement or trial award of a person previously
18imprisoned in county jail an administrative fee that totals 5 percent
19of any amount paid from the settlement or award to satisfy an
20outstanding restitution order or fine pursuant to subdivision (n).end delete

21 The secretary or the agency shall deposit the administrative fee
22moneys in a special deposit account for reimbursing administrative
23and support costs of thebegin insert department or agency’send insert restitutionbegin delete program
24of the Department of Corrections and Rehabilitation or the agency,end delete

25begin insert program,end insert as applicable. The secretary, at his or her discretion, or
26the agency may retain any excess funds in the special deposit
27account for future reimbursement of the department’s or agency’s
28administrative and support costs for the restitution program or may
29transfer all or part of the excess funds for deposit in the Restitution
30Fund.

31(j) begin deleteWhen end deletebegin insertIf end inserta prisoner has both a restitution fine and a restitution
32order from the sentencing court, thebegin delete Department of Corrections
33and Rehabilitationend delete
begin insert departmentend insert shall collect the restitution order
34first pursuant to subdivision (c).

35(k) begin deleteWhen end deletebegin insertIf end inserta prisoner is punished by imprisonment in a county
36jail pursuant to subdivision (h) of Section 1170 and that prisoner
37has both a restitution fine and a restitution order from the
38sentencing court, if the agency designated by the board of
39supervisors in the county where the prisoner is incarcerated collects
P14   1the fine and order, the agency shall collect the restitution order
2first pursuant to subdivision (d).

3(l) begin deleteWhen end deletebegin insertIf end inserta parolee has both a restitution fine and a restitution
4order from the sentencing court,begin delete the Department of Corrections
5and Rehabilitation, or, whenend delete
begin insert either the department or, ifend insert the
6prisoner is punished by imprisonment in a county jail pursuant to
7subdivision (h) of Section 1170, the agency designated by the
8board of supervisors in the county where the prisoner is
9begin delete incarcerated,end deletebegin insert incarceratedend insert may collect the restitution order first,
10pursuant to subdivision (h).

11(m) If an inmate is housed at an institution that requires food
12to be purchased from the institution canteen for unsupervised
13overnight visits, and if the money for the purchase of this food is
14received from funds other than the inmate’s wages, that money
15shall be exempt from restitution deductions. This exemption shall
16apply to the actual amount spent on food for the visit up to a
17maximum of fifty dollars ($50) for visits that include the inmate
18and one visitor, seventy dollars ($70) for visits that include the
19inmate and two or three visitors, and eighty dollars ($80) for visits
20that include the inmate and four or more visitors.

begin delete

21(n) Compensatory or punitive damages awarded by trial or
22settlement to any inmate, parolee, person placed on postrelease
23community supervision pursuant to Section 3451, or defendant on
24mandatory supervision imposed pursuant to subparagraph (B) of
25paragraph (5) of subdivision (h) of Section 1170, in connection
26with a civil action brought against a federal, state, or local jail,
27prison, or correctional facility, or any official or agent thereof,
28shall be paid directly, after payment of reasonable attorney’s fees
29and litigation costs approved by the court, to satisfy any
30outstanding restitution orders or restitution fines against that
31person. The balance of the award shall be forwarded to the payee
32after full payment of all outstanding restitution orders and
33restitution fines, subject to subdivisions (e) and (i). The Department
34of Corrections and Rehabilitation shall make all reasonable efforts
35to notify the victims of the crime for which that person was
36convicted concerning the pending payment of any compensatory
37or punitive damages. For any prisoner punished by imprisonment
38in a county jail pursuant to subdivision (h) of Section 1170, the
39agency is authorized to make all reasonable efforts to notify the
40victims of the crime for which that person was convicted
P15   1concerning the pending payment of any compensatory or punitive
2damages.

end delete
begin delete

3(o)

end delete

4begin insert(n)end insert (1) Amounts transferred to the California Victim
5Compensation Board for payment of direct orders of restitution
6shall be paid to the victim within 60 days from the date the
7restitution revenues are received by the California Victim
8Compensation Board. If the restitution payment to a victim is less
9than twenty-five dollars ($25), then payment need not be forwarded
10to that victim until the payment reaches twenty-five dollars ($25)
11or when the victim requests payment of the lesser amount.

12(2) If a victim cannot be located, the restitution revenues
13received by the California Victim Compensation Board on behalf
14of the victim shall be held in trust in the Restitution Fund until the
15end of the state fiscal year subsequent to the state fiscal year in
16which the funds were deposited or until the time that the victim
17has provided current address information, whichever occurs sooner.
18Amounts remaining in trust at the end of the specified period of
19time shall revert to the Restitution Fund.

20(3) (A) A victim failing to provide a current address within the
21period of time specified in paragraph (2) may provide
22documentation to thebegin delete Department of Corrections and Rehabilitation,end delete
23begin insert department,end insert which shall verify that moneys were collected on
24behalf of the victim. Upon receipt of that verified information from
25thebegin delete Department of Corrections and Rehabilitation,end deletebegin insert department,end insert the
26California Victim Compensation Board shall transmit the restitution
27revenues to the victim in accordance with the provisions of
28subdivision (c) or (h).

29(B) A victim failing to provide a current address within the
30period of time specified in paragraph (2) may provide
31documentation to the agency designated by the board of supervisors
32in the county where the prisoner punished by imprisonment in a
33county jail pursuant to subdivision (h) of Section 1170 is
34incarcerated, which may verify that moneys were collected on
35behalf of the victim. Upon receipt of that verified information from
36the agency, the California Victim Compensation Board shall
37transmit the restitution revenues to the victim in accordance with
38the provisions of subdivision (d) or (h).

39

SEC. 2.  

Section 2085.7 is added to the Penal Code, to read:

P16   1

2085.7.  

(a) When a prisoner who owes a restitution fine, or
2any portion thereof, is released from the custody of a county jail
3facility after completion of a term in custody pursuant to
4subparagraph (A) of paragraph (5) of subdivision (h) of Section
51170, he or she has a continuing obligation to pay the restitution
6fine in full. The balance of the restitution fine remaining unpaid
7after completion of a term in custody pursuant to subparagraph
8(A) of paragraph (5) of subdivision (h) of Section 1170 is
9enforceable and may be collected, in a manner to be established
10by the county board of supervisors, by the department or county
11agency designated by the board of supervisors in the county in
12which the prisoner is released. If a county elects to collect
13restitution fines, the department or county agency designated by
14the county board of supervisors shall transfer the amount collected
15to the California Victim Compensation and Government Claims
16Board for deposit in the Restitution Fund.

17(b) When a prisoner who owes payment for a restitution order,
18or any portion thereof, is released from the custody of a county
19jail facility after completion of a term in custody pursuant to
20subparagraph (A) of paragraph (5) of subdivision (h) of Section
211170, he or she has a continuing obligation to pay the restitution
22order in full. The balance of the restitution order remaining unpaid
23after completion of a term in custody pursuant to subparagraph
24(A) of paragraph (5) of subdivision (h) of Section 1170 is
25enforceable and may be collected, in a manner to be established
26by the county board of supervisors, by the agency designated by
27the county board of supervisors in the county in which the prisoner
28is released. If the county elects to collect the restitution order, the
29agency designated by the county board of supervisors for collection
30shall transfer the collected amount to the California Victim
31Compensation and Government Claims Board for deposit in the
32Restitution Fund or may pay the victim directly. The sentencing
33court shall be provided a record of payments made to the victim
34and of the payments deposited into the Restitution Fund.

35(c) The amount of a restitution order or restitution fine that
36remains unsatisfied after completion of a term in custody pursuant
37to subparagraph (A) of paragraph (5) of subdivision (h) of Section
381170 is to be enforceable by a victim pursuant to Section 1214
39until the obligation is satisfied.

P17   1(d) begin deleteAt end deletebegin insertExcept as provided in Section 2085.8, at end insertits discretion,
2a county board of supervisors may impose a fee upon the individual
3after completion of a term in custody pursuant to subparagraph
4(A) of paragraph (5) of subdivision (h) of Section 1170 to cover
5the actual administrative cost of collecting the restitution fine and
6the restitution order, in an amount not to exceed 10 percent of the
7amount collected, the proceeds of which shall be deposited into
8the general fund of the county.

9(e) If a county elects to collect both a restitution fine and a
10restitution order, the amount owed on the restitution order shall
11be collected before the restitution fine.

12(f) If a county elects to collect restitution fines and restitution
13orders pursuant to this section, the county shall coordinate efforts
14with the Franchise Tax Board pursuant to Section 19280 of the
15Revenue and Taxation Code.

16(g) Pursuant to Section 1214, the county agency selected by a
17county board of supervisors to collect restitution fines and
18restitution orders may collect restitution fines and restitution orders
19after an individual has completed a term in custody pursuant to
20subparagraph (A) of paragraph (5) of subdivision (h) of Section
211170.

22(h) For purposes of this section, the following definitions shall
23apply:

24(1) “Restitution fine” means a fine imposed pursuant to
25subdivision (a) of Section 13967 of the Government Code, as
26operative prior to September 29, 1994, subdivision (b) of Section
27730.6 of the Welfare and Institutions Code, or subdivision (b) of
28Section 1202.4.

29(2) “Restitution order” means an order for restitution to the
30victim of a crime imposed pursuant to subdivision (c) of Section
3113967 of the Government Code, as operative prior to September
3229, 1994, subdivision (h) of Section 730.6 of the Welfare and
33Institutions Code, or subdivision (f) of Section 1202.4.

34begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2085.8 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
35

begin insert2085.8.end insert  

(a) Compensatory or punitive damages awarded by
36trial or settlement to any inmate, parolee, person placed on
37postrelease community supervision pursuant to Section 3451, or
38defendant on mandatory supervision imposed pursuant to
39subparagraph (B) of paragraph (5) of subdivision (h) of Section
401170 in connection with a civil action brought against a federal,
P18   1state, or local jail, prison, or correctional facility, or any official
2or agent thereof, shall be paid directly, after payment of reasonable
3attorney’s fees and litigation costs approved by the court, to satisfy
4any outstanding restitution orders or restitution fines against that
5person. The balance of the award shall be forwarded to the payee
6after full payment of all outstanding restitution orders and
7restitution fines, subject to subdivision (c).

8
(b) The department shall make all reasonable efforts to notify
9the victims of the crime for which that person was convicted
10concerning the pending payment of any compensatory or punitive
11damages. For any prisoner punished by imprisonment in a county
12jail pursuant to subdivision (h) of Section 1170, the agency may
13make all reasonable efforts to notify the victims of the crime for
14which that person was convicted concerning the pending payment
15of any compensatory or punitive damages.

16
(c) (1) The secretary shall deduct and retain from any prisoner
17or parolee settlement or trial award an administrative fee that
18totals 5 percent of any amount paid from the settlement or award
19to satisfy an outstanding restitution order or fine, unless prohibited
20by federal law.

21
(2) The agency may deduct and retain from any settlement or
22trial award of a person previously imprisoned in county jail an
23administrative fee that totals 5 percent of any amount paid from
24the settlement or award to satisfy an outstanding restitution order
25or fine, unless prohibited by federal law.

26
(3) The secretary or the agency shall deposit the administrative
27fee moneys in a special deposit account for reimbursing
28administrative and support costs of the department’s or agency’s
29restitution program, as applicable. The secretary, at his or her
30discretion, or the agency may either retain any excess funds in the
31special deposit account for future reimbursement of the
32department’s or agency’s administrative and support costs for the
33restitution program or may transfer all or part of the excess funds
34for deposit in the Restitution Fund.

end insert
35

begin deleteSEC. 3.end delete
36
begin insertSEC. 4.end insert  

Section 19280 of the Revenue and Taxation Code is
37amended to read:

38

19280.  

(a) (1) (A) Fines, state or local penalties, bail,
39forfeitures, restitution fines, restitution orders, or any other amounts
40imposed by a juvenile or superior court of the State of California
P19   1upon a person or any other entity that are due and payable in an
2amount totaling no less than one hundred dollars ($100), in the
3aggregate, for criminal offenses, including all offenses involving
4a violation of the Vehicle Code, and any amounts due pursuant to
5Section 903.1 of the Welfare and Institutions Code may, no sooner
6than 90 days after payment of that amount becomes delinquent,
7be referred by the juvenile or superior court, the county, or the
8state to the Franchise Tax Board for collection under guidelines
9prescribed by the Franchise Tax Board. Except as specified in
10subparagraph (B), the Department of Corrections and Rehabilitation
11or county may refer a restitution order to the Franchise Tax Board,
12in accordance with subparagraph (B) of paragraph (2), for any
13person subject to the restitution order who is or has been under the
14jurisdiction of the Department of Corrections and Rehabilitation
15or the county.

16(B) The Department of Corrections and Rehabilitation or the
17county shall not refer a restitution order to the Franchise Tax Board
18if a county agency has been designated by the county board of
19supervisors to collect restitution from individuals who (i) are
20serving a sentence in a county jail pursuant to subdivision (h) of
21Section 1170 of the Penal Code, (ii) are on mandatory supervision
22pursuant to paragraph (5) of subdivision (h) of Section 1170 of
23the Penal Code, or (iii) are on postrelease community supervision
24pursuant to Title 2.05 (commencing with Section 3450) of Part 3
25of the Penal Code, the designated county agency has an existing
26collection system and objects to collection by the Franchise Tax
27Board, and the designated county agency informs the Department
28of Corrections and Rehabilitation or the county that it will collect
29the restitution order.

30(C) If the crime victim entitled to restitution in the order notifies
31either the Department of Corrections and Rehabilitation or the
32designated county agency with regard to his or her preference of
33a collecting agency, that preference shall be honored and the
34collection shall be performed in accordance with the preference
35of the victim.

36(2) For purposes of this subdivision:

37(A) The amounts referred by the juvenile or superior court, the
38county, or the state under this section may include an administrative
39fee and any amounts that a government entity may add to the
40court-imposed obligation as a result of the underlying offense,
P20   1trial, or conviction. For purposes of this article, those amounts
2shall be deemed to be imposed by the court.

3(B) Restitution orders may be referred to the Franchise Tax
4Board only by a government entity, as agreed upon by the
5Franchise Tax Board, provided that all of the following apply:

6(i) The government entity has the authority to collect on behalf
7of the state or the victim.

8(ii) The government entity shall be responsible for distributing
9the restitution order collections, as appropriate.

10(iii) The government entity shall ensure, in making the referrals
11and distributions, that it coordinates with any other related
12collection activities that may occur by superior courts, counties,
13or other state agencies.

14(iv) The government entity shall ensure compliance with laws
15relating to the reimbursement of the Restitution Fund.

16(C) The Franchise Tax Board shall establish criteria for referral
17that shall include setting forth a minimum dollar amount subject
18to referral and collection.

19(b) The Franchise Tax Board, in conjunction with the Judicial
20Council, shall seek whatever additional resources are needed to
21accept referrals from all 58 counties or superior courts.

22(c) Upon written notice to the debtor from the Franchise Tax
23Board, any amount referred to the Franchise Tax Board under
24subdivision (a) and any interest thereon, including any interest on
25the amount referred under subdivision (a) that accrued prior to the
26date of referral, shall be treated as final and due and payable to the
27State of California, and shall be collected from the debtor by the
28Franchise Tax Board in any manner authorized under the law for
29collection of a delinquent personal income tax liability, including,
30 but not limited to, issuance of an order and levy under Article 4
31(commencing with Section 706.070) of Chapter 5 of Division 2
32of Title 9 of Part 2 of the Code of Civil Procedure in the manner
33provided for earnings withholding orders for taxes.

34(d) (1) Part 10 (commencing with Section 17001), this part,
35Part 10.7 (commencing with Section 21001), and Part 11
36(commencing with Section 23001) shall apply to amounts referred
37under this article in the same manner and with the same force and
38effect and to the full extent as if the language of those laws had
39been incorporated in full into this article, except to the extent that
P21   1any provision is either inconsistent with this article or is not
2 relevant to this article.

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

12(e) The activities required to implement and administer this part
13shall not interfere with the primary mission of the Franchise Tax
14Board to administer Part 10 (commencing with Section 17001)
15and Part 11 (commencing with Section 23001).

16(f) For amounts referred for collection under subdivision (a),
17interest shall accrue at the greater of the rate applicable to the
18amount due being collected or the rate provided under Section
1919521. When notice of the amount due includes interest and is
20mailed to the debtor and the amount is paid within 15 days after
21the date of notice, interest shall not be imposed for the period after
22the date of notice.

23(g) A collection under this article is not a payment of income
24taxes imposed under Part 10 (commencing with Section 17001)
25or Part 11 (commencing with Section 23001).



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