BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1054  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1054  
          (Pavley) - As Amended August 1, 2016


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          |Policy       |Public Safety                  |Vote:|7 - 0        |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill clarifies the collection process for fines and  
          restitution by county collection agencies, and mitigates issues  
          of duplicate collection.  Specifically, 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%.








                                                                    SB 1054  


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           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.

           3) Provides that if a county agency has been designated to  
             collect restitution orders from sentenced felony jail  
             inmates, persons on Post-Release Community Supervision (PRCS)  
             or mandatory supervision, and the county agency objects to  
             referral of the order to Franchise Tax Board (FTB) for  
             collection, neither California Department of Corrections and  
             Rehabilitation (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.

          FISCAL EFFECT:


          Minor recoverable costs to collection agencies.  


          COMMENTS:


          Background and Purpose.  This bill addresses legal ambiguities  
          in the collection of victim restitution fines from inmates  
          sentenced to county jail pursuant to the Public Safety  
          Realignment of 2011 and from inmates released from state prison  
          to PRCS.  Because of current statutory inconsistencies, it is  
          unclear when a county sheriff is authorized to collect a state  
          authorized administrative fee.  In addition, because of an  
          anomaly in current law, an individual on PRCS can be referred to  
          the FTB for collection of restitution, despite being on local  
          supervision. 


          This bill does not set new policy.  It is largely a technical  
          bill to conform restitution collections procedures to the Public  








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          Safety Realignment of 2011 and make administrative fee  
          procedures consistent.


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081