BILL ANALYSIS �
SB 419
Page 1
SENATE THIRD READING
SB 419 (Block)
As Amended August 22, 2014
Majority vote
SENATE VOTE :38-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Lowenthal |
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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 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 collected; and,
SB 419
Page 2
5)Includes contingent conforming language to ensure there is no
conflict with SB 1197 (Pavley) of the current legislative
session.
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.
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 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.
SB 419
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor administrative collection costs to the CVCGCB
and local collections efforts, offset by increased restitution
collection.
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. The
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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0005214