BILL ANALYSIS Ó SB 1054 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1054 (Pavley) - As Amended August 1, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 SB 1054 Page 3 Safety Realignment of 2011 and make administrative fee procedures consistent. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081