BILL ANALYSIS �
AB 898
Page 1
ASSEMBLY THIRD READING
AB 898 (Alejo)
As Amended May 27, 2011
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, |
| |Skinner | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Amends existing provisions of law pertaining to
criminal restitution fines. Specifically, this bill :
1)Increases the restitution fine for felony offenses from a
minimum of $200 to $300.
2)Increases the restitution fine for misdemeanor offenses from a
minimum of $100 to $150.
3)Makes several conforming changes.
EXISTING LAW :
1)States that, in addition to any other penalty provided or
imposed under the law, the court shall order the defendant to
pay both a restitution fine and restitution to the victim or
victims, if any.
2)Gives the court the discretion to set the amount of the
restitution fine commensurate with the seriousness of the
offense and other factors, as specified.
3)Mandates the restitution fine for felony offenses shall not be
less than $200 and not more than $10,000.
4)Mandates the restitution fine for misdemeanor offenses shall
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not be less than $100 and not more than $1,000.
5)Permits the court to set 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 conviction.
6)Requires the trial court to impose the restitution fine unless
it finds compelling and extraordinary reasons for not doing
so, and states those reasons on the record.
7)Declares that inability to pay is not a compelling reason for
declining to impose the fine, but that inability to pay can be
considered as a factor in setting the fine above the statutory
minimum.
8)Requires the court to assess an additional
probation-revocation restitution fine in the same amount as
that imposed for the restitution fine. This additional fine
becomes effective upon the revocation of probation, and shall
not be waived or reduced by the court, absent compelling and
extraordinary reasons stated on record. Probation-revocation
restitution fines shall be deposited in the Restitution Fund.
9)Requires the court to assess an additional parole-revocation
restitution fine in the same amount as that imposed for the
restitution fine. This additional fine is suspended unless
parole is revoked. The parole-revocation restitution fines
shall be deposited in the Restitution Fund.
10)Declares the restitution fine is not subject to penalty
assessments.
11)Provides that when a defendant is sentenced to state prison,
the California Department of Corrections and Rehabilitation
may deduct 20% to 50% of the fine from the prisoner's wages.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown increase to the Restitution Fund, likely in
the low millions of dollars.
Because current law does not allow an offender's ability to pay
to result in a restitution fine lower than the minimum, it is
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unlikely this bill would result in a diminution of current fine
proceeds, though it is unlikely to solve the ongoing Restitution
Fund problem. For example, if 25% of $57 million in restitution
fines was the result of minimum fines, doubling the minimum fine
would result in an additional $14 million.
COMMENTS : According to the author, "AB 898 preserves the
California Victim Compensation Program (CalVCP) by updating
restitution fines for the first time in nearly two decades.
Since Fiscal Year (FY) 2004-05, payouts to victims or their
families, which often include medical and mental health
treatment, and funeral expenses, have been increasing faster
than revenues.
"All money comes from restitution fines imposed on convicted
defendants; nothing is paid out of the General Fund or revenues
from taxes and fees.
"AB 898 updates restitution fines based on inflationary changes,
ensuring that the CalVCP is a lasting resource for crime
victims.
"Since January, the board that operates CalVCP has approved
several cuts in disbursements in an attempt to prevent
insolvency. These cuts directly affect victims' ability to
access quality health and mental services and to recover from
violent crime.
"This bill is needed to ensure that crime victims have this
excellent resource for years to come."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
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