BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1054|
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CONSENT
Bill No: SB 1054
Author: Pavley (D)
Amended: 4/6/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/5/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Restitution orders: collection
SOURCE: Author
DIGEST: This bill 1) clarifies that county collection entities
may deduct an administrative fee for collecting payments for
restitution orders and restitution fines from a jail inmate
prior to the inmate's release; 2) provides that if a county
collection agency objects to the referral, collection of direct
restitution from offenders shall not be referred to the
Franchise Tax Board, subject to the preference of the victim;
and 3) consistently provides that an administrative fee retained
by a county entity shall cover the actual costs of collection,
to a maximum of 10% of the total.
ANALYSIS:
Existing law:
1) Provides in the California Constitution, that all persons
who suffer losses as a result of criminal activity have the
right to restitution from the perpetrators of these crimes.
Restitution shall be ordered in every case unless compelling
and extraordinary reasons exist and the Legislature shall
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enact statutes to implement the constitutional restitution
provisions. (Cal. Const. Art. 1 § 28 (b).)
2) States legislative intent that a victim of crime who incurs
any economic loss as a result of the commission of a crime
shall receive restitution directly from any defendant
convicted of that crime. (Pen. Code § 1202.4, subd. (a)(1).)
3) Provides that where a defendant is committed to prison and
subject to parole, the court shall impose a separate parole
restitution fine in the same amount as the restitution fine
itself. This additional parole revocation restitution fine
is not subject to penalty assessments, as specified, or a
specified state surcharge, and shall be suspended unless the
person's parole is revoked. Parole revocation restitution
fine moneys are deposited in the Restitution Fund in the
State Treasury. (Pen. Code § 1202.45, subd. (a) and (c).)
4) Provides that in every case where a person is convicted of a
crime and subject to either postrelease community supervision
(Pen. Code § 3451 - PRCS), or mandatory supervision as a
felon sentenced to a jail term pursuant to Penal Code Section
1170(h)(5), the court shall impose an additional supervision
revocation restitution fine and stay that fine until and
unless the person's supervision is revoked. PRCS and
mandatory supervision revocation restitution fines are
deposited in the Restitution Fund in the State Treasury.
(Pen. Code § 1202.45, subd. (b)-(c).)
5) Provides that where a person on PRCS or mandatory
supervision is incarcerated pursuant to a supervision
revocation, the person shall pay the fine previously ordered
and stayed by the court that shall be collected by the agency
designated by the board of supervisors of the county in which
the prisoner is incarcerated. (Pen. Code § 1202.45, subd.
(b).)
6) Provides that any "portion of a [direct] restitution order
that remains unsatisfied after a defendant is no longer on
probation, parole, mandatory supervision or PRCS is
enforceable by the victim" as though the order was a civil
judgment. (Pen. Code § 1214, subd. (b).)
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7) Provides for the Secretary of the California Department of
Corrections and Rehabilitation (CDCR) to make deductions from
an inmate's wages and trust account deposits and transferred
for deposit in the Restitution Fund where a prisoner owes a
restitution fine, as specified. (Pen. Code § 2085.5.)
8) Provides that the agency designated by the board of
supervisors in the county of incarceration may make
deductions from the wages and jail account of an inmate
serving a sentenced felony jail term pursuant to Penal Code
Section 1170 (h).
9) Provides that that the agency designated by the board of
supervisors in the county of incarceration may collect
outstanding restitution orders and restitution fines from
persons on PRCS or mandatory supervision. (Pen. Code §
2085.6.)
10)Provides generally that the entity collecting criminal
fines, restitution fines and restitution orders may retain a
10 % administrative fee or an administrative fee that covers
the cost of collection, up to a maximum of 10%, as specified.
(Pen. Code § 2085.5-2085.6.)
11)Provides that court-ordered restitution fines for criminal
offenses and juvenile adjudications may be referred to the
Franchise Tax Board (FTB) for collection, as specified.
(Rev. and Tax. Code § 19280.)
This bill:
1) Authorizes the agency designated by the county to collect
restitution fines and orders from sentenced felony jail
inmates to retain an administrative fee to cover the actual
costs of collection, up to 10%.
2) Clarifies that the agency designated by the county to
collect restitution fines and orders from sentenced felony
jail inmates may retain the administrative fee at the time
the restitution order or fine is collected.
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3) Provides that if a county agency has been designated to
collect restitution orders from sentenced felony jail
inmates, persons on PRCS or mandatory supervision, and the
county agency objects to referral of the order to FTB for
collection, neither CDCR nor the county shall refer the order
to FTB. The victim entitled to the restitution may designate
the agency that will collect the restitution.
Background
SB 1054 addresses statutory ambiguities in the collection of
victim restitution fines from inmates sentenced to jail pursuant
to Penal Code Section 1170(h) and inmates released from prison
to PRCS. It is unclear when a county sheriff is authorized to
collect a state authorized administrative fee. Consequently,
sheriffs may be unable to collect administrative fees to pay for
restitution collection from sentenced 1170 (h) inmates. In
addition, because of an anomaly in current law, an individual on
PRCS can be subject to restitution collection by FTB despite
being on local supervision. This dual state-local authority
could lead to unfair restitution collection. SB 1054 specifies
that counties that supervise criminal populations can collect
the restitution and related administrative costs. This bill
provides fairness in collecting restitution from criminal
offenders released to PRCS, who at the present time may be
ordered to pay the same restitution fines to the state and the
county.
In 2012, the Legislature authorized the collection of
restitution from accounts of sentenced Penal Code section
1170(h) inmates. Since then, there has been confusion regarding
the collection of administrative fees by county sheriffs
pursuant to this statute. Some counties (Monterey, San Diego
and Sacramento) believe that the collection of the fee is not
authorized until release. However, inmates may empty out their
account to prevent the county sheriff from collecting an
administrative fee upon their release. The California
Department of Corrections and Rehabilitation has always
interpreted the language to allow for immediate collection of
the administrative fee, but not all counties agree. This bill is
consistent with recent legislation and clarifies the issue for
counties.
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CDCR may refer a former prison inmate to the FTB for collection
of restitution. An individual on Post Release Community
Supervision (PRCS) can be referred to the FTB, despite the fact
that their supervision is local. AB 109 transferred supervision
of inmates to county entities. It is inconsistent for the State
to collect restitution from an individual who is being
supervised at the county level. Current law could lead to
unfair double collection, hindering the successful reentry of an
individual back into the community.
SB 1054 will clearly express that a county sheriff can collect
the 10% administrative fee at the time restitution is collected
and by amending the Revenue and Tax Code to allow a county that
is collecting restitution from an individual on PRCS to have
primary authority to do so. After an individual is released
from PRCS the county would then transfer responsibility to the
FTB to collect remaining restitution.
This bill does not set new policy. It is largely a technical
bill to conform restitution collections procedures to the Public
Safety Realignment of 2011 and make administrative fee
procedures consistent.
Realignment provided for some felons to be supervised locally on
PRCS upon release from prison. In sentencing an inmate to a
realignment felony jail term, the court may stay a portion of
the sentence and place the person on "mandatory supervision."
Agencies charged with collecting restitution orders and
restitution fines from sentenced felony jail inmates generally
may retain an administrative fee of 10% of the amount collected.
Agencies charged with collecting restitution orders and
restitution fines from persons on PRCS or mandatory supervision
may retain an administrative fee that covers the cost of
collection up to 10%. This bill provides that the amount
collected as an administrative fee shall cover the actual cost
of collection and not exceed 10%. Further, this bill addresses
an apparent inconsistency in the law and clarifies that the
administrative fee may be collected at the time the order or
fine is collected, not only upon release of the inmate from
jail.
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This bill also provides that if a county has designated an
agency for the collection of restitution orders and the agency
has a collection system, the following shall apply: neither
CDCR nor a county shall not refer collection of a restitution
order to FTB if the designated agency objects to referral of the
order to FTB. However, the victim may choose which agency shall
collect the order.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified 4/18/16)
California District Attorneys Association
California Public Defenders Association
California State Sheriffs' Association
Los Angeles County District Attorney's Office
OPPOSITION: (Verified 4/18/16)
None received
Prepared by:Jerome McGuire / PUB. S. /
4/20/16 16:13:27
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