BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 314|
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THIRD READING
Bill No: SB 314
Author: Calderon (D)
Amended: 6/1/09
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/28/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Walters, Wyland, Yee
NO VOTE RECORDED: Wolk
SUBJECT : Victims of crime program: collection of
restitution fines:
reimbursement payments
SOURCE : Author
DIGEST : This bill (1) directs the Controller to deduct
unpaid restitution fines from a persons income tax refund;
and (2) authorizes the Victims Compensation and Government
Claims Board to authorize reimbursement of more than $2,000
the maximum allowed by statute for a victim's relocation
expenses, where the additional money is necessary for the
victim's physical or emotional well-being.
ANALYSIS :
CONTINUED
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Existing statutes require a minimum restitution fine of
$200 in all felony cases and $100 in all misdemeanor cases.
Courts may set a maximum of $10,000 for felonies and
$1,000 for misdemeanors. Restitution fines shall be
imposed regardless of the defendant's present ability to
pay. Restitution fines are used to pay for the Victims of
Crime Program. (Penal Code Section 1202.4.)
Existing law provides for restitution orders enforceable as
a civil judgment to ensure that a victim of a crime who
incurs any economic loss shall receive restitution directly
from any defendant convicted of that crime. If a
restitution order is made, the defendant has the right to a
hearing before the court to dispute the determination of
the amount of the order. A restitution order may be
modified upon motion of the district attorney, the victim
or victims, or the defendant. (Penal Code Section
1202.4(f) and (i).)
Existing law provides that in setting a felony restitution
fine, the court may determine the amount of the fine as the
product of $200 multiplied by the number of years of
imprisonment the defendant is ordered to serve, multiplied
by the number of felony counts of which the defendant is
convicted. The court shall impose the restitution fine
unless it finds compelling and extraordinary reasons for
not doing so, and states those reasons on the record. A
defendant's inability to pay shall not be considered a
compelling and extraordinary reason not to impose a
restitution fine. Inability to pay may be considered only
in increasing the amount of the restitution fine in excess
of the $200 or $100 minimum. (Penal Code Section 1202.4,
subd. (b)(1) and (c).)
Existing law provides that where a defendant is placed on
probation, the court shall impose a probation revocation
restitution fine in the same amount as the standard
restitution fine. The fine shall be stayed unless and
until the defendant's probation is revoked. (Penal Code
Section 1202.44.)
Existing law provides that where a defendant is sentenced
to prison, the court shall impose a parole revocation
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restitution fine in the same amount as the standard
restitution fine. The fine shall be stayed unless and
until the defendant's parole is revoked. (Penal Code
Section 1202.45.)
Existing law provides that the restitution fine shall not
be subject to penalty assessments as provided in Section
1464, and shall be deposited in the Restitution Fund in the
State Treasury. (Penal Code Section 1202.4(e).)
Existing law provides that in any case in which a prisoner
owes a restitution fine or order the California Department
of Corrections and Rehabilitation (CDCR) shall deduct a
minimum of 20 percent or the balance owing on the fine
amount, whichever is less, up to a maximum of 50 percent
from the wages and trust account deposits of a prisoner,
unless prohibited by federal law, and shall transfer that
amount to the California Victim Compensation and
Government Claims Board (CVGCB) for deposit in the
Restitution Fund, as specified. The CDCR shall deduct and
retain from the wages and trust account deposits of a
prisoner, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount
transferred, as specified. (Penal Code Section 2085.5,
subds. (a)-(c).)
Existing law provides that where a parolee owes a
restitution fine, the CDCR may collect the fine unless
prohibited by federal law. CDCR shall transfer that money
to CVGCB for deposit in the Restitution Fund. (Penal Code
Section 2085.5, subds.(d)-(e).)
Existing law provides that where a parolee owes direct
restitution to a victim, CDCR may collect the fine unless
prohibited by federal law. CDCR shall transfer that money
to CVGCB for direct payment to the victim. (Penal Code
Section 2085.5, subds. (d)-(e).)
Existing law provides that CDCR may retain an
administrative fee of 10 percent of any fine or restitution
collected from an inmate or parolee for transfer to CVGCB.
CDCR shall retain an administrative fee of 5 percent of any
settlement or trial award paid to a parolee, where the
settlement or award is used to satisfy a restitution order
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or fine. (Penal Code Section 2085.5, subds. (c ) and (e).)
Deductions from Income Tax Refunds for Delinquent Accounts
Existing law provides that the State Controller shall
offset delinquent accounts, deduct money from income tax
refunds in the following priority:
1. Nonpayment of child or family support accounts enforced
by a local child support agency.
2. The nonpayment of child or family support accounts
enforced by someone other than a local child support
agency.
3. Nonpayment of spousal support accounts enforced by a
local child support agency.
4. Nonpayment of spousal support accounts enforced by
someone other than a local child support agency.
5. The benefit overpayment accounts administered by the
Employment Development Department if no signed
reimbursement agreement exists, or if two consecutive
payments on a reimbursement agreement are delinquent at
any time.
6. Other offset accounts in the priority determined by the
Controller. (Government Code Section 12419.3)
This bill directs the State Controller to offset
"nonpayment of penalties to the Restitution Fund" against
the person's income tax refund, with a priority beneath
that of nonpayment of child and spousal support orders.
Victims of Crime Fund Structure and Payments
Existing law creates the Victims of Crime Program,
administered by the California Victim Compensation and
Government Claims Board, to reimburse victims of crime for
the pecuniary losses they suffer as a direct result of
criminal acts. Indemnification is made from the
Restitution Fund, which is continuously appropriated to the
California Victim Compensation and Government Claims Board
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for theses purposes. (Government Code Sections
13950-13968; note that Sections 13969, .2, .5, and .7
related to a one-time 9/11/01 payment and are repealed
effective 1/1/04.)
Existing law authorizes reimbursement to a victim for
"[t]he medical or medical related expenses incurred by the
victim?." (Government Code Section 13957, subd. (a)(1).)
Existing law provides that the total award to or on behalf
of each victim or derivative victim may not exceed $35,000,
except that this amount may be increased to $70,000 if
federal funds for that increase are available. (Government
Code Section 13957, subd. (b).)
Existing law (Gov. Code Section 13957, subd. (a)) provides
that the Victims Compensation and Government Claims Board
may grant a crime victim's claim for pecuniary loss for the
following purposes:
1. Reimbursement for the amount of medical or
medical-related expenses incurred by the victim
including, but not limited to, eyeglasses, hearing aids,
dentures, or any prosthetic device taken, lost, or
destroyed during the commission of the crime, or the use
of which became necessary as a direct result of the
crime.
2. Reimbursement for the amount of out-patient psychiatric,
psychological or other mental health counseling-related
expenses incurred by the victim or derivative victim, as
specified. The victim or derivative victim, as
specified, may be reimbursed for the expense of his or
her out-patient mental health counseling in an amount
not to exceed $10,000. Victims and derivative victims,
as specified, who are not eligible for up to $10,000 of
reimbursement may be eligible to be reimbursed for the
expense of their out-patient mental health counseling in
an amount not to exceed $3,000.
3. Reimbursement for the expenses of non-medical remedial
care and treatment rendered in accordance with a
religious method of healing recognized by state law.
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4. Compensation equal to the loss of income or loss of
support, or both, that a victim or derivative victim
incurs as a direct result of the victim's or derivative
victim's injury or the victim's death.
5. Cash payment to, or on behalf of, the victim for job
retraining or similar employment-oriented services.
Reimbursement for the expense of installing or
increasing residential security, not to exceed $1,000,
with respect to a crime that occurred in the victim's
residence, upon verification by law enforcement to be
necessary for the personal safety of the victim or by a
mental health treatment provider to be necessary for
the emotional well being of the victim.
6. Reimbursement for the expense of renovating or
retrofitting a victim's residence or a vehicle, or both,
to make the residence, the vehicle, or both, accessible
or the vehicle operational by a victim upon verification
that the expense is medically necessary for a victim who
is permanently disabled as a direct result of the crime,
whether the disability is partial or total.
7. Cash payment or reimbursement not to exceed $2,000 to a
victim for expenses incurred in relocating if the
expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a
mental health treatment provider to be necessary for the
emotional well being of the victim. The board may
authorize more than one relocation per crime if
necessary for the well-being of the victim, as defined,
although total reimbursement may not exceed $2,000.
8. The board, under compelling circumstances, may award
reimbursement for moving expenses to the same victim for
a second crime if both of the following conditions are
met:
A. The crime occurs more than three years from the
date of the crime giving rise to the initial
relocation cash payment or reimbursement.
B. The crime does not involve the same offender.
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Existing law authorizes the board to "establish maximum
rates and service limitations for medical and
medical-related services, and for mental health and
counseling services ?" (Government Code Section 13957.2)
This bill provides that the board may approve reimbursement
in excess of $2,000 for expenses incurred by a victim in
relocating his or her residence where justified by
"unusual, dire or exceptional circumstances."
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Controller workload $0 $0
$0 General
New revenues generated $200 $200 $200
Special*
Allow increased victim $37 $75$75
Special*
Relocation payment amount
*Restitution Fund
SUPPORT : (Verified 6/1/09)
California Coalition Against Sexual Assault
California Victims Association Alliance
Chief Probation Officers of California
Crime Victims United
Los Angeles County District Attorney
ARGUMENTS IN SUPPORT : The Victims' Restitution Fund
receives most of its revenue from fines and penalties
collected from criminal offenders. Under current law,
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State agencies may order that the Franchise Tax Board (FTB)
divert tax return money to agencies that are owed
outstanding debt. Different types of debt are assigned
different priority levels in order to determine their order
of payment.
This bill puts payments to the Restitution Fund from the
FTB at a higher priority than payments to other entities.
Secondly, this bill recognizes that continuous raiding by
the Governor and/or Legislature has left the Victims
Restitution Fund (housed under the VCGCB) threatened with
insolvency. This bill makes clear that the purpose of the
VCP is for payment for services directly administered to
victims of violent crimes.
RJG:do 6/1/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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