SB 1210 Senate Bill - INTRODUCED

BILL NUMBER: SB 1210	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        FEBRUARY 22, 2012

   An act to amend Sections 1202.45 and 2085.5 of the Penal Code,
relating to restitution, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1210, as introduced, Lieu. Restitution: collection of fines.
   Under existing law, in every case where a person is convicted of a
crime and whose sentence includes parole, the court is required to
assess a parole revocation fine, as specified, for deposit into the
Restitution Fund in the State Treasury.
   This bill would require a person who is subject to postrelease
community supervision or mandatory supervision, who violates the
terms of his or her postrelease community supervision or mandatory
supervision, and who is incarcerated in a county jail for that
violation, to pay a fine, for deposit into the Restitution Fund in
the State Treasury, a continuously appropriated fund. Because the
bill creates a new source of revenue for deposit into the restitution
fund, the bill would make an appropriation.
   Existing law requires the Department of Corrections and
Rehabilitation to deduct and retain certain funds from the wages,
trust account deposits, or settlement or trial awards of a prisoner
for the payment of certain fees and fines, including restitution
orders, restitution fines, and specified administrative fees, and
also authorizes the department to collect funds from a parolee for
the payment of restitution orders and fines, unless prohibited by
federal law. Under existing law, these funds are required to be
deposited in the Restitution Fund in the State Treasury.
   This bill would specify that, when a prisoner is punished by
imprisonment in a county jail, an agency designated by the county
board of supervisors is required to deduct and retain those funds,
and would also authorize that agency to collect funds from a parolee.
The bill would require these agencies to transfer these funds for
deposit in the Restitution Fund.
    By imposing additional requirements on counties, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1202.45 of the Penal Code is amended to read:
   1202.45.   (a)    In every case where a person
is convicted of a crime and whose sentence includes a period of
parole, the court shall at the time of imposing the restitution fine
pursuant to subdivision (b) of Section 1202.4, assess an additional
parole revocation restitution fine in the same amount as that imposed
pursuant to subdivision (b) of Section 1202.4.  This
additional parole revocation restitution fine 
    (b)     In every case where a person is
convicted of a crime   and is subject to either postrelease
community supervision under Section 3415 or mandatory supervision
under paragraph (5) of subdivision (h) of Section 1170, and violates
the terms of the postrelease community supervision or mandatory
supervision and is incarcerated   in a county jail for that
violation, the person shall pay a fine that shall be collected by the
agency designated by the board of supervisors of the county in which
the prisoner is incarcerated. 
    (c)     The fines imposed pursuant to
subdivisions (a) and (b)  shall not be subject to penalty
assessments authorized by Section 1464 or Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code, or the state
surcharge authorized by Section 1465.7, and shall be suspended unless
the person's parole  ,   postrelease community
supervision, or mandatory supervision  is revoked. 
Parole revocation restitution fine   Fine  moneys
shall be deposited in the Restitution Fund in the State Treasury.
  SEC. 2.  Section 2085.5 of the Penal Code is amended to read:
   2085.5.  (a) In any case in which a prisoner owes a restitution
fine imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation  , or, when a
prisoner is punished by imprisonment in a county jail, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated,  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  , or the county jail equivalent of 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 for deposit in the
Restitution Fund in the State Treasury. Any amount so deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.
   (b) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation  ,   or,
when a prisoner is punished by imprisonment in a county jail, the
agency designated by the board of supervisors in the county where the
prisoner is incarcerated,  shall deduct a minimum of 20 percent
or the balance owing on the order amount, whichever is less, up to a
maximum of 50 percent from the wages and trust account deposits of a
prisoner,  or the county jail equivalent of wages and trust
account deposits of a prisoner,  unless prohibited by federal
law. The secretary  or the agency  shall transfer that
amount to the California Victim Compensation and Government Claims
Board for direct payment to the victim, or payment shall be made to
the Restitution Fund to the extent that the victim has received
assistance pursuant to that program. The sentencing court shall be
provided a record of the payments made to victims and of the payments
deposited to the Restitution Fund pursuant to this subdivision.
   (c) The secretary  , or, when a prisoner is punished by
imprisonment in a county jail, the agency designated by the board of
supervisors in the county where the prisoner is incarcerated, 
shall deduct and retain from the wages and trust account deposits of
a prisoner,  or the county jail equivalent of wages and trust
account deposits of a prisoner,  unless prohibited by federal
law, an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (a) or (b). The secretary 
or the agency  shall deduct and retain from any prisoner
settlement or trial award, an administrative fee that totals 5
percent of any amount paid from the settlement or award to satisfy an
outstanding restitution order or fine pursuant to subdivision (j),
unless prohibited by federal law. The secretary  or the agency
 shall deposit the administrative fee moneys in a special
deposit account for reimbursing administrative and support costs of
the restitution program of the Department of Corrections and
Rehabilitation. The secretary, at his or her discretion,  or the
agency  may retain any excess funds in the special deposit
account for future reimbursement of the department's administrative
and support costs for the restitution program or may transfer all or
part of the excess funds for deposit in the Restitution Fund.
   (d) In any case in which a parolee owes a restitution fine imposed
pursuant to subdivision (a) of Section 13967 of the Government Code,
as operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the secretary  , or, when a prisoner is punished
by imprisonment in a county jail, the agency designated by the board
of supervisors in the county where the prisoner is incarcerated,
 may collect from the parolee any moneys owing on the
restitution fine amount, unless prohibited by federal law. The
secretary  or the agency  shall transfer that amount to the
California Victim Compensation and Government Claims Board for
deposit in the Restitution Fund in the State Treasury. Any amount so
deducted shall be credited against the amount owing on the fine. The
sentencing court shall be provided a record of the payments.
   (e) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967 of
the Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary  , or, when a prisoner is punished by imprisonment in a
county jail, the agency designated by the board of supervisors in
the county where the prisoner is incarcerated,  may collect from
the parolee any moneys owing, unless prohibited by federal law. The
secretary  or the agency  shall transfer that amount to the
California Victim Compensation and Government Claims Board for direct
payment to the victim, or payment shall be made to the Restitution
Fund to the extent that the victim has received assistance pursuant
to that program. The sentencing court shall be provided a record of
the payments made by the offender pursuant to this subdivision.
   (f) The secretary  , or, when a prisoner is punished by
imprisonment in a county jail, the agency designated by the board of
supervisors in the county where the prisoner is incarcerated, 
may deduct and retain from any moneys collected from parolees an
administrative fee that totals 10 percent of any amount transferred
to the California Victim Compensation and Government Claims Board
pursuant to subdivision (d) or (e), unless prohibited by federal law.
The secretary  or the agency  shall deduct and retain from
any settlement or trial award of a parolee an administrative fee that
totals 5 percent of any amount paid from the settlement or award to
satisfy an outstanding restitution order or fine pursuant to
subdivision (j), unless prohibited by federal law. The secretary 
or the agency  shall deposit the administrative fee moneys in a
special deposit account for reimbursing administrative and support
costs of the restitution program of the Department of Corrections and
Rehabilitation. The secretary, at his or her discretion, or the
agency  may retain any excess funds in the special deposit
account for future reimbursement of the department's administrative
and support costs for the restitution program or may transfer all or
part of the excess funds for deposit in the Restitution Fund.
   (g) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation  , or, when a prisoner is punished by imprisonment
in a county jail, the agency designated by the board of supervisors
in the county where the prisoner is incarcerated,  shall collect
the restitution order first pursuant to subdivision (b).
   (h) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation  ,   or, when the prisoner is punished by
imprisonment in a county jail, the agency designated by the board of
supervisors in the county where the prisoner is incarcerated, 
may collect the restitution order first, pursuant to subdivision (e).

   (i) If an inmate is housed at an institution that requires food to
be purchased from the institution canteen for unsupervised overnight
visits, and if the money for the purchase of this food is received
from funds other than the inmate's wages, that money shall be exempt
from restitution deductions. This exemption shall apply to the actual
amount spent on food for the visit up to a maximum of fifty dollars
($50) for visits that include the inmate and one visitor, seventy
dollars ($70) for visits that include the inmate and two or three
visitors, and eighty dollars ($80) for visits that include the inmate
and four or more visitors.
   (j) Any compensatory or punitive damages awarded by trial or
settlement to any inmate or parolee in connection with a civil action
brought against any federal, state, or local jail, prison, or
correctional facility, or any official or agent thereof, shall be
paid directly, after payment of reasonable attorney's fees and
litigation costs approved by the court, to satisfy any outstanding
restitution orders or restitution fines against that person. The
balance of any award shall be forwarded to the payee after full
payment of all outstanding restitution orders and restitution fines,
subject to subdivisions (c) and (f). The Department of Corrections
and Rehabilitation  , or, when a prisoner is punished by
imprisonment in a county jail, the agency designated by the board of
supervisors in the county where the prisoner is incarcerated, 
shall make all reasonable efforts to notify the victims of the crime
for which that person was convicted concerning the pending payment of
any compensatory or punitive damages.
   (k) (1) Amounts transferred to the California Victim Compensation
and Government Claims Board for payment of direct orders of
restitution shall be paid to the victim within 60 days from the date
the restitution revenues are received by the California Victim
Compensation and Government Claims Board. If the restitution payment
to a victim is less than fifty dollars ($50), then payment need not
be forwarded to that victim until the payment reaches fifty dollars
($50) or until 180 days from the date the first payment is received,
whichever occurs sooner.
   (2) In any case in which a victim cannot be located, the
restitution revenues received by the California Victim Compensation
and Government Claims Board on behalf of the victim shall be held in
trust in the Restitution Fund until the end of the state fiscal year
subsequent to the state fiscal year in which the funds were deposited
or until the time that the victim has provided current address
information, whichever occurs sooner. Amounts remaining in trust at
the end of the specified period of time shall revert to the
Restitution Fund.
   (3) Any victim failing to provide a current address within the
period of time specified in paragraph (2) may provide documentation
to the Department of Corrections and Rehabilitation  or, when a
prisoner is punished by imprisonment in a county jail, to the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated  , which in turn shall verify that
moneys were in fact collected on behalf of the victim. Upon receipt
of that verified information from the Department of Corrections and
Rehabilitation  or the agency  , the California Victim
Compensation and Government Claims Board shall transmit the
restitution revenues to the victim in accordance with the provisions
of subdivision (b) or (e).
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.