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
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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
SB 1054
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Safety Realignment of 2011 and make administrative fee
procedures consistent.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081