BILL ANALYSIS �
SB 1210
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Date of Hearing: June 26, 2012
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1210 (Lieu) - As Amended: June 20, 2012
SUMMARY : Requires the court to assess a post-release community
supervision (PRCS) or mandatory-supervision revocation fine in
the same amount as that imposed for the restitution fine and
authorizes local agencies to collect them. Specifically, this
bill :
1)Requires the court to assess a PRCS-revocation fine or a
mandatory-supervision revocation fine in the same amount as
that imposed for the restitution fine.
2)States that the PRCS-revocation fine and mandatory-supervision
revocation fines are suspended unless the terms of PRCS or
mandatory supervision are violated and the defendant is
incarcerated in the county jail for that violation.
3)Provides that the PRCS-revocation fine and the
mandatory-supervision revocation fine are not subject to
penalty assessments.
4)Specifies that the fine money shall be deposited in the
restitution fund.
5)Provides that any part of a restitution fine that remains
unsatisfied after a defendant is no longer on PRCS or
mandatory supervision is enforceable by the California Victims
Compensation and Government Claims Board (VCGCB).
6)Provides that any part of a restitution order that remains
unsatisfied after a defendant is no longer on PRCS or
mandatory supervision is enforceable by the victim.
7)States that local collection programs may continue to enforce
victim restitution orders once a defendant is no longer on
probation, PRCS, or mandatory supervision.
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8)Specifies that the period for enforcement of judgments found
in Civil Procedure Code Sections 683.010 et seq. does not
apply to court-ordered fines, forfeitures, penalties, fees, or
assessments.
9)Authorizes the agency designated by the board of supervisors
in the county of incarceration to deduct 20% to 50% from the
wages and trust account deposits of a county-jail inmate
serving a sentence under realignment and owing a restitution
fine, and to transfer that amount to the VCGCB for deposit in
the restitution fund.
10)Authorizes the agency designated by the board of supervisors
in the county of incarceration to deduct 20% to 50% from the
wages and trust account deposits of a county-jail inmate
serving a sentence under realignment and owing a victim
restitution order, and to transfer that amount to the VCGCB
for payment to the victim or to pay the victim directly.
11)Requires that the sentencing court be provided a record of
payments made to the crime victim and to the restitution fund.
12)Allows the agency designated by the board of supervisors in
the county of incarceration to withhold an administrative fee
to be held in a special deposit account for the purposes of
reimbursing administrative and support costs of the
restitution program, as specified.
13)Directs the local agency designated by the board of
supervisors to collect the restitution order first when a
county-jail inmate serving a sentence under realignment owes
both a restitution fine and a restitution order.
14)Allows the garnishment of any compensatory or punitive
damages awarded to an defendant placed on PRCS or on mandatory
supervision in connection with a civil action brought against
any federal, state, or local jail or prison to satisfy
outstanding restitution orders or fines.
15)Allows a victim who does not timely provide a current address
to the VCGCB to provide documentation to the local agency
designated by the board of supervisors which in turn may
verify that money was in fact collected by VCGCB on the
victim's behalf. Upon receipt of verified information, the
VCGCB shall transmit restitution revenues to the victim.
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16)States that juvenile court orders regarding fines, penalties,
bail, forfeiture, and victim restitution, can now be referred
to the Franchise Tax Board for collection.
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. �Penal Code Section 1202.4(a)(3).]
2)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.
(Penal Code Section 1202.44.)
3)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. (Penal Code
Section 1202.45.)
4)Declares the restitution fine and the parole-revocation fine
are not subject to penalty assessments. �Penal Code Sections
1202.4(e) and 1202.45.]
5)Authorizes the California Department of Corrections and
Rehabilitation (CDCR) to collect restitution fines and
restitution orders from prisoners. (Penal Code Section
2085.5.)
6)Provides that when a prisoner owes a restitution fine, the
Secretary of CDCR shall deduct 20 to 50% from the prisoner's
wages and trust-account deposits, and transfer that amount to
the Victims Compensation and Government Claims Board (VDGCB)
for deposit in the restitution fund. �Penal Code Section
2085.5(a).]
7)Provides that when a prisoner owes victim restitution, the
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Secretary of CDCR shall deduct 20% to 50% of the fine from the
prisoner's wages and trust-account deposits, and transfer that
amount to the VDGCB for direct payment to the victim, or
payment to the restitution fund to the extent that the victim
received assistance under that program. �Penal Code Section
2085.5(b).]
8)Allows the Secretary of CDCR to collect money from parolees
with an outstanding balance on a restitution fine. �Penal
Code Section 2085.5(d).]
9)Allows the Secretary of CDCR to collect money from parolees
with an outstanding balance on a victim restitution order.
�Penal Code Section 2085.5(e).]
10)Exempts $300 of the funds held in a jail or prison inmate's
trust account from enforcement against an outstanding
restitution order or fine. �Civil Procedure Code Section
704.090(b).]
11)Requires CDCR to withhold an administrative fee from the
prisoner's earnings to be held in a special deposit account
for the purposes of reimbursing administrative and support
costs of the restitution program. �Penal Code Section
2085.5(c).]
12)Directs CDCR to collect the restitution order first when a
prisoner or parolee owes both a restitution fine and a
restitution order. �Penal Code Section 2085.5(g) and (h).]
13)Provides for the enforcement of fines, including restitution
fines, as specified, and provides that any portion of a
restitution order that remains unsatisfied after a defendant
is no longer on probation or parole is enforceable by the
victim. (Penal Code Section 1214.)
14)Specifies that a restitution order is enforceable as a civil
judgment. �Penal Code Section 1202.4(i).]
15)Prioritizes the order in which delinquent court-ordered debt
received is to be satisfied. The priorities are 1) victim
restitution, 2) state surcharge, 3) restitution fines, penalty
assessments, and other fines, with payments made on a
proportional basis to the total amount levied for all of these
items, and 4) state/county/city reimbursements, and special
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revenue items. (Penal Code section 1203.1d.)
16)Creates the VCGCB and authorizes reimbursement to the victim
of a crime for any pecuniary loss he or she may have suffered
as a result of that crime, as specified. (Government Code
Section 13900 et. seq.)
17)Requires the Judicial Council to adopt guidelines for a
comprehensive program concerning the collection of moneys owed
for fees, fines, forfeitures, penalties, and assessments
imposed by court order. �Penal Code Section 1463.010(a).]
18)Provides that fines, state or local penalties, bail,
forfeitures, restitution fines, restitution orders, or any
other amounts imposed by the superior court for criminal
offenses can be referred to the Franchise Tax Board for
collection under guidelines prescribed by the Franchise Tax
Board no sooner than 90 days after the payments become
delinquent. (Revenue and Taxation Code Section 19280.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Last year, AB
109 realigned public safety services in California. As part
of the Realignment plan thousands of convicted felons are no
longer being sent to the California Department of Corrections
and Rehabilitation (CDCR), instead they are being housed in
local jails. Unfortunately, the Realignment plan failed to
give counties the authority to collect restitution for victims
from these convicted felons.
"SB 1210 corrects this oversight by providing counties with the
authority to collect restitution from these offenders in order
to help the victims of their crimes receive the restitution
they are rightfully due."
2)Criminal Justice Realignment Act : Criminal justice
realignment created two classifications of felonies: those
punishable in county jail and those punishable in state
prison. Realignment limited which felons can be sent to state
prison, thus requiring that more felons serve their sentences
in county jails. The new law applies to qualified defendants
who commit qualifying offenses and who were sentenced on or
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after October 1, 2011. Specifically, sentences to state
prison are now mainly limited to registered sex offenders and
individuals with a current or prior serious or violent
offense. In addition to the serious, violent, registerable
offenses eligible for state prison incarceration, there are
approximately 70 felonies which have be specifically excluded
from eligibility for local custody (i.e., the sentence for
which must be served in state prison).
Realignment also made changes to parole supervision.
Traditional parole for inmates released from prison on or
after October 1, 2011 is limited to those defendants whose
term was for a serious or violent felony; were serving a
"Three Strikes" sentence; are classified as high risk sex
offenders; are required to undergo treatment as mentally
disordered offenders; or who, while on certain paroles, commit
new crimes. Also subject to state parole are inmates who were
sex offender registrants on parole for a term over three years
when they committed the offense for which they are being
released, and defendants who were on specified life-time
parole when they committed the offense for which they are
being released. (Penal Code Section 3000.08.)
All other inmates released from prison who are not required to
be on parole are subject to up to three years of local
supervision, referred to as PRCS. (Penal Code Section 3451.)
Most of the individuals released from state prison will not be
under the supervision of CDCR, but rather on PRCS.
3)Prioritization of Court-Ordered Debt : Penal Code Section
1203.1d, which became operative on January 1, 2012,
prioritizes the order in which delinquent court-ordered debt
received is to be satisfied. Payments are applied first to
victim restitution, and then to the 20% state surcharge
required by Penal Code Section 1465.7. Next, payments are
applied to the restitution fine and any other fines, penalty
assessments, with payments made on a proportional basis to the
total amount levied for all of these items. Once these debts
are satisfied, payments are applied toward any reimbursable
costs as required by law, such as the costs of probation,
probation investigation, and attorney fees. �Penal Code
Section 1203.1d(b).]
In light of the statutory provision prioritizing court-ordered
debt, it seems a bit odd that this bill authorizes collection
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of the restitution fine, but the statutory scheme does not
authorize the collection of the Penal Code Section 1465.7
state surcharge.
4)Limitations on Collection : Penal Code Section 2085.5 is akin
to a garnishment statute; it calls for deductions from an
inmate's wages and trust account deposits of 20% or the amount
of restitution outstanding, whichever amount is less, and in
no case to exceed a 50% deduction, in order to enforce a
restitution fine or order. �In re Betts (1998) 62 Cal.App.4th
821, 825.] CDCR deducts a percentage of the inmate's wages
and trust deposits to go toward satisfying the restitution
fine or order, and the balance then goes into the inmate's
account. (Ibid.)
Civil Procedure Code Section 704.090 exempts from attachment,
levy or execution a certain amount of an inmate's trust
account. Under this statute, inmate trust accounts are exempt
to a limited extent: funds belonging to an inmate or prisoner
held in a trust account by governmental authorities are exempt
from enforcement in the amount of $ 1,225, except that if the
judgment is for a restitution fine or a restitution order, the
amount of the exemption is only $ 300. Put another way, an
inmate's funds in excess of $ 300 are available for
satisfaction of a restitution fine or restitution order.
�People v. Willie (2005) 133 Cal.App. 4th 43, 48.] The
exemption only applies to funds actually in the inmate's
account and does not apply to funds received by CDCR prior to
being put in the account. �In re Betts (1998) 62 Cal.App.4th
821, 824.]
Penal Code Section 2085.5(i) also exempts a very limited
amount of money from levy if an inmate is housed at an
institution that requires food to be purchased from the
institution canteen for unsupervised overnight visits; 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, and the amount
depends on the number of visitors.
5)Argument in Support : According to the Crime Victims Action
Alliance and the Los Angeles County District Attorney's
Association (co-sponsors of this bill), "SB 1210 provides
local governments with the same authority the state has to
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collect restitution from these offenders in order to help the
victims of their crimes and to collect fines owed to the state
when offenders are incarcerated in a county jail instead of a
state prison.
"SB 1210 would also give counties the right to collect a
parole revocation fine when an offender violates parole after
being incarcerated in county jail instead of state prisons.
The parole revocation fines are used by the California Victim
Compensation Program to help cover treatment and other support
services for victims and their families.
Right now felons who are sentenced to county jail rather than
state prison pursuant to California's newly enacted
realignment plan are not paying their victims for the losses
they caused by their criminal activity, despite the
requirement in California's constitution that victims have a
right to restitution from their perpetrators for the losses
they suffered, nor are parolees who are serving their parole
revocation in county jails instead of state prisons paying
their parole revocation fines. These oversights must be
corrected so that crime victims receive the restitution they
deserve and so that these prisoners do not receive an
unforeseen windfall from the Realignment plan."
6)Related Legislation :
a) AB 2251 (Feuer) authorizes prosecutors to send victim
contact information to CDCR without the victim's consent
for purposes of recouping restitution. AB 2251 is pending
a vote on the Senate Floor.
b) SB 1299 (Wright) modifies the process by which crime
victims seek reimbursement from the VCGCB for pecuniary
losses resulting from a crime. SB 1299 is pending hearing
by the Assembly Appropriations Committee.
c) AB 2596 (Feuer) is substantially similar to this bill.
AB 2596 was never heard by this Committee.
7)Prior Legislation :
a) AB 1505 (La Suer), Chapter 555, Statutes of 2006,
authorized CDCR to collect restitution on behalf of a
victim, and allowed a victim to collect restitution without
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filing a claim with the VCGCB.
b) SB 940 (Escutia), Chapter 275, Statutes of 2003,
established a statewide system for collecting delinquent
court-ordered fines, fees, and penalties.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association (Co-Sponsor)
Crime Victims Action Alliance (Co-Sponsor)
Los Angeles County District Attorney's Office (Co-Sponsor)
California Police Chiefs Association
Crime Victims United of California
Peace Officers Research Association of California
Opposition
None
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744