Amended in Assembly July 3, 2014

Amended in Senate May 21, 2014

Amended in Senate April 29, 2014

Amended in Senate April 10, 2014

Senate Bill No. 1197

Introduced by Senator Pavley

February 20, 2014

An act to amend Sections 1203c and 3453 of, and to add Section 2085.6 to, the Penal Code, and to amend Section 19280 of the Revenue and Taxation Code, relating to restitution.

LEGISLATIVE COUNSEL’S DIGEST

SB 1197, as amended, Pavley. Restitution: collection by counties.

Existing law requires that restitution fines and fees be imposed upon a person convicted of crime. Under existing law, when a person is committed to an institution under the jurisdiction of the Department of Corrections and Rehabilitation and the court has ordered restitution, the probation officer or the district attorney, with the consent of the victim, is authorized to send the victim’s contact information and a copy of the restitution order to the department for the sole purpose of distributing the restitution collected on behalf of the victim.

This bill, when a person who has been ordered to pay restitution is committed to a county jail or placed on postrelease community supervision or mandatory supervision, would authorize the probation officer or district attorney to provide the victim’s contact information and a copy of the restitution order, with the victim’s consent, to the county agency designated by the board of supervisors to collect and distribute restitution for the sole purpose of distributing the restitution collected on behalf of the victim.

Existing law makes any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision or mandatory supervision, or completed diversion, enforceable by the California Victim Compensation and Government Claims Board, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to collect restitution fines and fees from inmates and authorizes the collection of those fines and fees from inmates in county jails by an agency designated by the county board of supervisors. Existing law authorizes the secretary, the local agency designated by the county board of supervisors, or, under specified circumstances, a local collection program to collect restitution fines and fees from parolees. Existing law authorizes the secretary and the local agency to deduct and retain administrative fees for fines collected from parolees.

This bill would authorize the collection of restitution fines or restitution orders, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board from a person who has been released from a state prison or county jail and is subject to postrelease community supervision or mandatory supervision, as specified. The bill would authorize a county board of supervisors to impose a fee upon the individual subject to postrelease community supervision or mandatory supervision to cover the actual administrative cost of collecting the restitution fine and the restitution order, not to exceed 10% of the amount collected, to be deposited in the county’s general fund. The bill would require a county that elects to collect restitution fines and restitution orders pursuant to these provisions to coordinate efforts with the Franchise Tax Board, as specified.

Existing law requires that persons released from prison be subject either to parole for a specified period of time or to postrelease community supervision for a period not exceeding 3 years. Existing law specifies the conditions of postrelease community supervision.

This bill would require, as a condition of postrelease community supervision, that the person pay court-ordered restitution and restitution fines in the same manner as a person placed on probation.

begin insert

This bill would, contingent upon the enactment of SB 419 of the 2013-14 Regular Session, incorporate additional conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1203c of the Penal Code is amended to
read:

1203c.  

(a) (1) Notwithstanding any other law, whenever a
person is committed to an institution under the jurisdiction of the
Department of Corrections and Rehabilitation, whether probation
has been applied for or not, or granted and revoked, it shall be the
duty of the probation officer of the county from which the person
is committed to send to the Department of Corrections and
Rehabilitation a report of the circumstances surrounding the offense
and the prior record and history of the defendant, as may be
required by the Secretary of the Department of Corrections and
Rehabilitation.

(2) If the person is being committed to the jurisdiction of the
department for a conviction of an offense that requires him or her
to register as a sex offender pursuant to Section 290, the probation
officer shall include in the report the results of the State-Authorized
Risk Assessment Tool for Sex Offenders (SARATSO) administered
pursuant to Sections 290.04 to 290.06, inclusive, if applicable.

(b) These reports shall accompany the commitment papers. The
reports shall be prepared in the form prescribed by the administrator
following consultation with the Board of State and Community
Corrections, except that if the defendant is ineligible for probation,
a report of the circumstances surrounding the offense and the prior
record and history of the defendant, prepared by the probation
officer on request of the court and filed with the court before
sentence, shall be deemed to meet the requirements of paragraph
(1) of subdivision (a).

(c) In order to allow the probation officer an opportunity to
interview, for the purpose of preparation of these reports, the
defendant shall be held in the county jail for 48 hours, excluding
Saturdays, Sundays, and holidays, subsequent to imposition of
sentence and prior to delivery to the custody of the Secretary of
the Department of Corrections and Rehabilitation, unless the
probation officer has indicated the need for a different period of
time.

(d) Whenever a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation
or a county jail pursuant to subdivision (h) of Section 1170, or is
placed on postrelease community supervision or mandatory
supervision, and the court has ordered the person to pay restitution
to a victim, the following shall apply:

(1) If the victim consents, the probation officer of the county
from which the person is committed may send the victim’s contact
information and a copy of the restitution order to the department
or to the county agency designated by the board of supervisors to
collect and distribute restitution for the sole purpose of distributing
the restitution collected on behalf of the victim.

(2) Notwithstanding paragraph (1), the district attorney of the
county from which the person is committed may send the victim’s
contact information and a copy of the restitution order to the
department or to the county agency designated by the board of
supervisors to collect and distribute restitution for the sole purpose
of distributing the restitution collected on behalf of the victim if
the district attorney finds it is in the best interest of the victim to
send that information. If the victim affirmatively objects, the
district attorney shall not send the victim’s contact information.
The district attorney shall not be required to inform the victim of
the right to object.

(3) The victim’s contact information shall remain confidential
and shall not be made part of the court file or combined with any
public document.

SEC. 2.  

Section 2085.6 is added to the Penal Code, to read:

2085.6.  

(a) When a prisoner owes a restitution fine, or any
portion thereof, is subsequently released from the custody of the
Department of Corrections and Rehabilitation or a county jail
facility, and is subject to postrelease community supervision under
Section 3451 or mandatory supervision under subdivision (h) of
Section 1170, the person shall have a continuing obligation to pay
the restitution fine in full. The restitution fine obligation and any
portion left unsatisfied upon placement in postrelease community
supervision or mandatory supervision is enforceable and may be
collected, in a manner to be established by the county board of
supervisors, by the department or county agency designated by
the board of supervisors in the county where the prisoner is
released. If a county elects to collect restitution fines, the
department or county agency designated by the county board of
supervisors shall transfer that amount to the California Victim
Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury.

(b) When a prisoner owes payment for a restitution order, or
any portion thereof, is released from the custody of the Department
of Corrections and Rehabilitation or a county jail facility, and is
subject to postrelease community supervision under Section 3451
or mandatory supervision under subdivision (h) of Section 1170,
the person shall have a continuing obligation to pay the restitution
order in full. The restitution order obligation and any portion left
unsatisfied upon placement in postrelease community supervision
or mandatory supervision is enforceable and may be collected, in
a manner to be established by the county board of supervisors, by
the agency designated by the county board of supervisors in the
county where the prisoner is released. If the county elects to collect
the restitution order, the agency designated by the county board
of supervisors for collection shall transfer the collected amount to
the California Victim Compensation and Government Claims
Board for deposit in the Restitution Fund in the State Treasury or
may pay the victim directly. The sentencing court shall be provided
a record of payments made to the victim and of the payments
deposited into the Restitution Fund.

(c) Any portion of a restitution order or restitution fine that
remains unsatisfied after an individual is released from postrelease
community supervision or mandatory supervision shall continue
to be enforceable by a victim pursuant to Section 1214 until the
obligation is satisfied.

(d) At its discretion, a county board of supervisors may impose
a fee upon the individual subject to postrelease community
supervision or mandatory supervision to cover the actual
administrative cost of collecting the restitution fine and the
restitution order, not to exceed 10 percent of the amount collected,
the proceeds of which shall be deposited into the general fund of
the county.

(e) If a county elects to collect both a restitution fine and a
restitution order, the amount owed on the restitution order shall
be collected before the restitution fine.

(f) If a county elects to collect restitution fines and restitution
orders pursuant to this section, the county shall coordinate efforts
with the Franchise Tax Board pursuant to Section 19280 of the
Revenue and Taxation Code.

begin insert

(g) Pursuant to Section 1214, the county agency selected by a
county board of supervisors to collect restitution fines and
restitution orders may collect restitution fines and restitution orders
after a person is no longer on postrelease community supervision
or mandatory supervision.

end insert begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  For purposes of this section, the following definitions shall
apply:

(1) “Restitution fine” means a fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4.

(2) “Restitution order” means an order for restitution to the
victim of a crime imposed pursuant to subdivision (c) of Section
13967 of the Government Code, as operative prior to September
29, 1994, subdivision (h) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (f) of Section 1202.4.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 2085.6 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 2085.6. end insert   

(a) When a prisoner owes a restitution fine, or any
portion thereof, is subsequently released from the custody of the
Department of Corrections and Rehabilitation or a county jail
facility, and is subject to postrelease community supervision under
Section 3451 or mandatory supervision under subdivision (h) of
Section 1170, the person shall have a continuing obligation to pay
the restitution fine in full. The restitution fine obligation and any
portion left unsatisfied upon placement in postrelease community
supervision or mandatory supervision is enforceable and may be
collected, in a manner to be established by the county board of
supervisors, by the department or county agency designated by
the board of supervisors in the county where the prisoner is
released. If a county elects to collect restitution fines, the
department or county agency designated by the county board of
supervisors shall transfer that amount to the California Victim
Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury.

(b) When a prisoner owes payment for a restitution order, or
any portion thereof, is released from the custody of the Department
of Corrections and Rehabilitation or a county jail facility, and is
subject to postrelease community supervision under Section 3451
or mandatory supervision under subdivision (h) of Section 1170,
the person shall have a continuing obligation to pay the restitution
order in full. The restitution order obligation and any portion left
unsatisfied upon placement in postrelease community supervision
or mandatory supervision is enforceable and may be collected, in
a manner to be established by the county board of supervisors, by
the agency designated by the county board of supervisors in the
county where the prisoner is released. If the county elects to collect
the restitution order, the agency designated by the county board
of supervisors for collection shall transfer the collected amount
to the California Victim Compensation and Government Claims
Board for deposit in the Restitution Fund in the State Treasury or
may pay the victim directly. The sentencing court shall be provided
a record of payments made to the victim and of the payments
deposited into the Restitution Fund.

(c) Any portion of a restitution order or restitution fine that
remains unsatisfied after an individual is released from postrelease
community supervision or mandatory supervision shall continue
to be enforceable by a victim pursuant to Section 1214 until the
obligation is satisfied.

(d) At its discretion, a county board of supervisors may impose
a fee upon the individual subject to postrelease community
supervision or mandatory supervision to cover the actual
administrative cost of collecting the restitution fine and the
restitution order, not to exceed 10 percent of the amount collected,
the proceeds of which shall be deposited into the general fund of
the county.

(e) If a county elects to collect both a restitution fine and a
restitution order, the amount owed on the restitution order shall
be collected before the restitution fine.

(f) If a county elects to collect restitution fines and restitution
orders pursuant to this section, the county shall coordinate efforts
with the Franchise Tax Board pursuant to Section 19280 of the
Revenue and Taxation Code.

(g) Pursuant to Section 1214, the county agency selected by a
county board of supervisors to collect restitution fines and
restitution orders may collect restitution fines and restitution orders
after a person is no longer on postrelease community supervision
or mandatory supervision or after a term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170.

(h) For purposes of this section, the following definitions shall
apply:

(1) “Restitution fine” means a fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4.

(2) “Restitution order” means an order for restitution to the
victim of a crime imposed pursuant to subdivision (c) of Section
13967 of the Government Code, as operative prior to September
29, 1994, subdivision (h) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (f) of Section 1202.4.

end insert

SEC. 3.  

Section 3453 of the Penal Code is amended to read:

3453.  

Postrelease community supervision shall include the
following conditions:

(a) The person shall be informed of the conditions of release.

(b) The person shall obey all laws.

(c) The person shall report to the supervising county agency
within two working days of release from custody.

(d) The person shall follow the directives and instructions of
the supervising county agency.

(e) The person shall report to the supervising county agency as
directed by that agency.

(f) The person, and his or her residence and possessions, shall
be subject to search at any time of the day or night, with or without
a warrant, by an agent of the supervising county agency or by a
peace officer.

(g) The person shall waive extradition if found outside the state.

(h) The person shall inform the supervising county agency of
the person’s place of residence, employment, education, or training.

(i) (1) The person shall inform the supervising county agency
of any pending or anticipated changes in residence, employment,
education, or training.

(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment
within three business days of that entry.

(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.

(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person’s place
of residence.

(l) The person shall obtain a travel pass from the supervising
county agency before he or she may leave the county or state for
more than two days.

(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or
ammunition.

(n) The person shall not possess, use, or have access to any
weapon listed in Section 16140, subdivision (c) of Section 16170,
Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
of Section 16460, Section 16470, subdivision (f) of Section 16520,
or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940,
17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280,
17330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725,
17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310,
20410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810,
22010, 22015, 22210, 22215, 22410, 24310, 24410, 24510, 24610,
24680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410,
32415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900,
33215, 33220, 33225, or 33600.

(o) (1) Except as provided in paragraph (2) and subdivision
(p), the person shall not possess a knife with a blade longer than
two inches.

(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person’s residence.

(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person’s employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.

(q) The person shall waive any right to a court hearing prior to
the imposition of a period of “flash incarceration” in a city or
county jail of not more than 10 consecutive days for any violation
of his or her postrelease supervision conditions.

(r) The person shall participate in rehabilitation programming
as recommended by the supervising county agency.

(s) The person shall be subject to arrest with or without a warrant
by a peace officer employed by the supervising county agency or,
at the direction of the supervising county agency, by any peace
officer when there is probable cause to believe the person has
violated the terms and conditions of his or her release.

(t) The person shall pay court-ordered restitution and restitution
fines in the same manner as a person placed on probation.

SEC. 4.  

Section 19280 of the Revenue and Taxation Code is
amended to read:

19280.  

(a) (1) Fines, state or local penalties, bail, forfeitures,
restitution fines, restitution orders, or any other amounts imposed
by a juvenile or superior court of the State of California upon a
person or any other entity that are due and payable in an amount
totaling no less than one hundred dollars ($100), in the aggregate,
for criminal offenses, including all offenses involving a violation
of the Vehicle Code, and any amounts due pursuant to Section
903.1 of the Welfare and Institutions Code may, no sooner than
90 days after payment of that amount becomes delinquent, be
referred by the juvenile or superior court, the county, or the state
to the Franchise Tax Board for collection under guidelines
prescribed by the Franchise Tax Board. Unless the victim of the
crime notifies the Department of Corrections and Rehabilitation
or county to the contrary, the Department of Corrections and
Rehabilitation or county may refer a restitution order to the
Franchise Tax Board, in accordance with subparagraph (B) of
paragraph (2), for any person subject to the restitution order who
is or has been under the jurisdiction of the Department of
Corrections and Rehabilitation or county.

(2) For purposes of this subdivision:

(A) The amounts referred by the juvenile or superior court, the
county, or the state under this section may include an administrative
fee and any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction. For purposes of this article, those amounts
shall be deemed to be imposed by the court.

(B) Restitution orders may be referred to the Franchise Tax
Board only by a government entity, as agreed upon by the
Franchise Tax Board, provided that all of the following apply:

(i) The government entity has the authority to collect on behalf
of the state or the victim.

(ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.

(iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by superior courts, counties,
or other state agencies.

(iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.

(C) The Franchise Tax Board shall establish criteria for referral
that shall include setting forth a minimum dollar amount subject
to referral and collection.

(b) The Franchise Tax Board, in conjunction with the Judicial
Council, shall seek whatever additional resources are needed to
accept referrals from all 58 counties or superior courts.

(c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to the
State of California, and shall be collected from the debtor by the
Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2
of Title 9 of Part 2 of the Code of Civil Procedure in the manner
provided for earnings withholding orders for taxes.

(d) (1) Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), and Part 11
(commencing with Section 23001) shall apply to amounts referred
under this article in the same manner and with the same force and
effect and to the full extent as if the language of those laws had
been incorporated in full into this article, except to the extent that
any provision is either inconsistent with this article or is not
relevant to this article.

(2) Any information, information sources, or enforcement
remedies and capabilities available to the court or the state referring
to the amount due described in subdivision (a) shall be available
to the Franchise Tax Board to be used in conjunction with, or
independent of, the information, information sources, or remedies
and capabilities available to the Franchise Tax Board for purposes
of administering Part 10 (commencing with Section 17001), this
part, Part 10.7 (commencing with Section 21001), or Part 11
(commencing with Section 23001).

(e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001)
and Part 11 (commencing with Section 23001).

(f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section
19521. When notice of the amount due includes interest and is
mailed to the debtor and the amount is paid within 15 days after
the date of notice, interest shall not be imposed for the period after
the date of notice.

(g) A collection under this article is not a payment of income
taxes imposed under Part 10 (commencing with Section 17001)
or Part 11 (commencing with Section 23001).

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2.5 of this bill shall only become operative if
both this bill and Senate Bill 419 of the 2013-14 Regular Session
are enacted and become operative on or before January 1, 2015,
in which case Section 2 of this bill shall not become operative. end insert