BILL ANALYSIS �
SB 419
Page 1
Date of Hearing: June 10, 2014
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 419 (Block) - As Amended: March 10, 2014
As Proposed to be Amended in Committee
SUMMARY : Extends existing restitution collection methods to
defendants who have restitution orders and fines that remain
unsatisfied after serving a county jail term which is not
followed by a period of supervised release. Specifically, this
bill :
1)Authorizes the California Victims Compensation and Government
Claims Board (CVCGCB) to collect outstanding restitution fines
and victim restitution orders after a defendant is released
from serving a term of imprisonment in the county jail under
realignment, but which did not include a term of supervised
release.
2)Allows a local collection program to continue to enforce
restitution fines and victim restitution orders after a
defendant's release from a custody term in a county jail
pursuant to realignment, but which did not include a term of
supervised release.
3)Authorizes the collection of an administrative fee not to
exceed 10 percent of the total amount ordered.
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. (Pen. Code, � 1202.4, subd. (a)(3).)
2)Specifies that a restitution order is enforceable by the
victim as a civil judgment. (Pen. Code, �� 1202.4, subd. (i),
& 1214, subd. (b).)
3)Provides that any portion of a restitution fine or fee or a
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victim restitution order that remains unsatisfied after a
defendant is no longer on probation, parole, post release
community supervision (PRCS), or mandatory supervision is
enforceable by the CVCGCB. (Pen. Code, � 1214, subds. (a) &
(b).)
4)Allows a local collection program to continue to enforce
restitution orders and fines once a defendant is no longer on
probation, PRCS, or mandatory supervision. (Pen. Code, �
1214, subds. (a) & (b).)
5)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. (Rev. & Tax. Code, � 19280.)
6)Authorizes the court, when imposing a sentence for a county
jail eligible felony, to commit the defendant to county jail
as follows (Pen. Code, � 1170, subd. (h)(5)):
a) For a full term in custody as determined in accordance
with applicable sentencing law; or,
b) For a term as determined in accordance with the
applicable sentencing law, but suspend execution of a
concluding portion or the term selected in the court's
discretion, during which time defendant will be placed on
mandatory supervision for the remaining unserved portion of
the sentence imposed by the court.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1210 (Lieu,
Chapter 762, Statutes of 2012) made changes to ensure that
PRCS and Mandatory Supervision offenders were added to the
sections governing restitution so that local collection
agencies could collect restitution on those offenders
post-realignment. The bill also authorized sheriffs to be
able to collect from offenders currently serving custody time
in their jails.
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"One of the populations that was inadvertently not covered in
statute are those who are sentenced to custody time in county
jail pursuant to 1170(h)(5)(A) and are released from custody.
In this case, since they are not on PRCS or MS they are no
longer under the jurisdiction of probation or the sheriff and
therefore there is no statutory mechanism to collect
restitution from those offenders once they are released from
jail.
"This bill would add these persons to existing restitution
collection procedures to ensure that victims are appropriately
receiving restitution orders. Further, this bill would extend
the ability to collect an administrative fee (aligned with
what existing statute authorizes for CDCR) for this
population."
2)Need for this Bill : The Legislature intended that a
restitution obligation should be paid even if payment was not
complete at the conclusion of the criminal sentence. The
current statute authorizes the CVCGCB or a local collection
program to enforce unsatisfied restitution obligations from
defendants on any form of supervised release. However, after
the enactment of realignment, it is possible for a defendant
to be released from custody without a period of supervised
release if the judge imposes a full custody term in accordance
with the applicable sentencing law. (See Pen. Code, � 1170,
subd. (h)(5)(A).) Arguably, absent statutory authority the
only alternative for a victim to collect outstanding
restitution in this situation is civil enforcement. This bill
authorizes the continued collection of restitution fines and
fees from defendants who have been sentenced to a straight
county jail term, as opposed to a "split sentence" with
mandatory supervision, upon release.
3)California Victim Compensation and Government Claims Board :
The board provides compensation for victims of violent crime.
It reimburses eligible victims for many crime-related
expenses. Funding for the board comes from restitution fines
and penalty assessments paid by criminal offenders, as well as
federal matching funds. (See CVCGCB Web site
.)
4)Argument in Support : The Chief Probation Officers of
California , the sponsors of this bill, write, "By way of
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background, SB 1210 (Lieu, Chapter 762, Statutes of 2012) made
changes to ensure that Post Release Community Supervision
(PRCS) and Mandatory Supervision offenders were added to the
sections governing restitution so that local collection
agencies could collect restitution on those offenders
post-realignment. The bill also authorized sheriffs to be
able to collect from offenders currently serving custody time
in their jails.
"As we have reviewed that section, one of the things that was
inadvertently not captured was the ability to collect
restitution after an offender serves a term of custody in jail
and is released under 1170(h). Under this scenario, since
they are not on PRCS or Mandatory Supervision they are no
longer under the jurisdiction of probation or the sheriff and
therefore there is no statutory mechanism to collect
restitution from those offenders once they are released from
jail.
"SB 419 seeks to remedy this by extending existing restitution
collection authority to those persons who were sentenced to
local custody time and have unsatisfied restitution orders."
5)Related Legislation : SB 1197 (Pavley) authorizes counties to
collect restitution orders and restitution fines from persons
on post release community supervision (PRCS) after a prison
term and on mandatory supervision after the custody portion of
a split felony jail term. SB 1197 is pending hearing in this
committee.
6)Prior Legislation :
a) SB 1210 (Lieu) Chapter 762, Statutes of 2012, authorizes
the collection of restitution fines and orders from
realigned felons, as specified, by agencies designated by
local boards of supervisors in which offenders are
incarcerated.
b) AB 1945 (Morrell) of the 2011-12 Legislative Session,
required a county sheriff or correctional administrator to
deduct a prescribed amount from the wages and trust account
of a prisoner for the payment of restitution orders to the
victims of crimes and restitution fines. AB 1945 was
pulled by the author and not heard by this committee.
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c) 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
Chief Probation Officers of California (Sponsor)
California State Association of Counties
Crime Victims United of California
Opposition
None
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744