BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 419
                                                                  Page  1

          Date of Hearing:   July 2, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 419 (Block) - As Amended:  June 12, 2014 

          Policy Committee:                             Public  
          SafetyVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill extends current restitution collection methods to  
          defendants who have restitution orders and fines that remain  
          unsatisfied after serving a county jail term not followed by a  
          period of supervised release. 
           
           FISCAL EFFECT  

          Minor administrative collection costs to the state Victims  
          Compensation and Government Claims Board (board) and local  
          collections efforts, offset by increased restitution collection.  


           COMMENTS  

           1)Rationale  . Legislative intent is clear that a restitution  
            obligation should be paid even if payment was not complete at  
            the conclusion of the criminal sentence. Current law  
            authorizes the board or a local collection program to enforce  
            unsatisfied restitution obligations from defendants on any  
            form of supervised release. Under correctional realignment,  
            however, a defendant may be released from custody without a  
            period of supervised release if the judge imposes a full  
            custody term, rather than a split sentence.  Thus, absent  
            statutory authority, the only alternative for a victim to  
            collect outstanding restitution in this situation is civil  
            enforcement.  

           2)Current law  specifies that any portion of a restitution fine  
            or a victim restitution order that remains unsatisfied after a  
            defendant is no longer on probation, parole, post release  








                                                                  SB 419
                                                                  Page  2

            community supervision, or mandatory supervision is enforceable  
            by the board, and authorizes a local collection program to  
            enforce restitution orders and fines when a defendant is no  
            longer on probation, PRCS, or mandatory supervision.  
           

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081