BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1210|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1210
Author: Lieu (D)
Amended: 8/20/12
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/17/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 38-0, 5/31/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Runner, Strickland
ASSEMBLY FLOOR : 79-0, 8/22/12 - See last page for vote
SUBJECT : Collection of criminal fines and penalties
SOURCE : California District Attorneys Association
Crime Victims Action Alliance
Los Angeles County District Attorneys Office
CONTINUED
SB 1210
Page
2
DIGEST : This bill 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.
Assembly Amendments (1) require the court to assess an
additional postrelease community supervision revocation
restitution fine or mandatory supervision restitution fine,
as specified; and (2) provide guidelines if the county
board of supervisors designates the county sheriff as the
collection agency.
ANALYSIS : Existing provisions in the California
Constitution state that all persons who suffer losses as a
result of criminal activity shall have the right to
restitution from the perpetrators of these crimes.
Restitution shall be ordered in every case unless
compelling and extraordinary reasons exist to the contrary.
The Legislature shall adopt provisions to implement this
section during the calendar year following adoption of this
section. (California Constitution, Article 1, Section
28(b))
Existing law states legislative intent that a victim of
crime who incurs any economic loss as a result of the
commission of a crime shall receive restitution directly
from any defendant convicted of that crime. (Penal Code
(PEN) Section 1202.4, subd. (a)(1))
Existing law provides that where a defendant is committed
to prison and subject to parole, the court shall impose a
separate parole restitution fine in the same amount as the
restitution fine itself. This additional parole revocation
restitution fine is not subject to penalty assessments, as
specified, or a specified state surcharge, and shall be
suspended unless the person's parole is revoked. Parole
revocation restitution fine moneys are deposited in the
Restitution Fund in the State Treasury. (PEN Section
1202.45)
Existing law generally provides for the enforcement of
fines, including restitution fines, as specified, and
SB 1210
Page
3
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 pursuant
to this section." (PEN Section 1214)
Existing law provides for the Secretary of the Department
of Corrections and Rehabilitation to make deductions from
an inmate's wages and trust account deposits and
transferred for deposit in the Restitution Fund where a
prisoner owes a restitution fine, as specified. (PEN
Section 2085.5)
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
SB 1210
Page
4
longer on probation, PRCS, or mandatory supervision.
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. Provides that if the board of supervisors chooses to
designate the county sheriff as the collecting agency,
it must first obtain the concurrence of the county
sheriff.
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 restitution fine, and to transfer that
amount to the VCGCB for deposit in the restitution fund.
11.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.
12.Requires that the sentencing court be provided a record
of payments made to the crime victim and to the
restitution fund.
13.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.
14.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.
SB 1210
Page
5
15.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.
16.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.
17.States that juvenile court orders regarding fines,
penalties, bail, forfeiture, and victim restitution, can
now be referred to the Franchise Tax Board for
collection.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee:
1. No state cost.
2. Unknown significant increase, in the millions of
dollars, to the state Restitution Fund to the extent
local administration and collection efforts are
successful. Assuming local administration and
collection efforts are moderately successful,
Restitution Fund revenue should remain relatively
consistent with recent levels.
3. Unknown, potentially significant, nonreimbursable costs
to local governments - likely county sheriff offices -
for additional workload to create and administer
collection efforts. Several county sheriff offices have
expressed reservations regarding workload that may
exceed the allowed administrative deductions from inmate
funds. While this bill only authorizes such collection
efforts, should county boards task sheriffs' offices
SB 1210
Page
6
with these responsibilities, sheriffs would presumably
bear any costs that exceed administrative deductions.
SUPPORT : (Verified 8/22/12)
California District Attorneys Association (co-source)
Crime Victims Action Alliance (co-source)
Los Angeles County District Attorney's Office (co-source)
California Police Chiefs Association
California State Association of Counties
Chief Probation Officers of California
Crime Victims United of California
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR : 79-0, 8/22/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
SB 1210
Page
7
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Roger Hern�ndez
RJG:k 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****