BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 419|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 419
Author: Block (D)
Amended: 8/14/14
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 78-0, 8/19/14 - See last page for vote
SUBJECT : Restitution: collection of fines, fees, and orders
SOURCE : Chief Probation Officers of California
DIGEST : This bill 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.
Assembly Amendments delete the Senate version of the bill
dealing with flash incarceration, and add the current language.
ANALYSIS :
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.
CONTINUED
SB 419
Page
2
2.Specifies that a restitution order is enforceable by the
victim as a civil judgment.
3.Provides that any portion of a restitution fine or fee or a
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 California Victim Compensation and
Government Claims Board (CVCGCB).
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.
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 (FTB) for
collection under guidelines prescribed by the FTB no sooner
than 90 days after the payments become delinquent.
6.Authorizes the court, when imposing a sentence for a county
jail eligible felony, to commit the defendant to county jail
as follows:
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.
This bill:
1.Authorizes 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
CONTINUED
SB 419
Page
3
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 local agency to pay the victim directly rather
than through the CVCGCB.
4.Authorizes the collection of an administrative fee not to
exceed 10% of the total amount ordered.
5.Contains double-jointing language with SB 1197 (Pavley, 2014).
Comments
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. This bill also
authorized sheriffs to be able to collect from offenders
currently serving custody time in their jails.
"One of the populations that was inadvertently not covered in
statute are those who are sentenced to custody time in county
jail pursuant to [Penal Code Section] 1170(h)(5)(A) and are
released from custody. In this case, since they are not on PRCS
or MS [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.
"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 [California Department of
Corrections and Rehabilitation]) for this population."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, minor
administrative collection costs to the CVCGCB and local
CONTINUED
SB 419
Page
4
collections efforts, offset by increased restitution collection.
SUPPORT : (Verified 8/19/14)
Chief Probation Officers of California (source)
California Probation, Parole and Correctional Association
California State Sheriffs' Association
ASSEMBLY FLOOR : 78-0, 8/19/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Gomez, Vacancy
JG:k 8/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED