BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 1197 (Pavley) - Restitution: collection by counties.
Amended: April 28, 2014 Policy Vote: Public Safety 7-0
Urgency: No Mandate: No
Hearing Date: May 19, 2014 Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 1197 would authorize counties to collect
restitution orders and restitution fines from any person on
postrelease community supervision (PRCS) following release from
state prison or mandatory supervision following custody from a
felony jail term, as specified.
Fiscal Impact:
Potentially significant increases to the Restitution Fund,
dependent upon the level and rate of collection by those
counties choosing to collect restitution orders and fines.
Potentially significant ongoing costs (Local) to local
agencies for workload related to the collection of
restitution for individuals on PRCS or mandatory
supervision. To the extent the authorized 10 percent
administrative fee on amounts collected does not fully cover
a county's total costs, any additional costs would need to
be covered with local funds.
Minor ongoing costs to the Franchise Tax Board (FTB) for
debt collection activities, offset by administrative fee
reimbursement through revenues collected.
Background: 2011 Public Safety Realignment provided that
individuals sentenced to non-serious, non-violent, or non-sex
offenses would serve their felony sentences in county jails
instead of state prisons and could be subject to a period of
locally-supervised mandatory supervision, as specified.
Additionally, 2011 Realignment provided for specified felons to
be supervised locally under PRCS instead of state parole
immediately following release from state prison. However, the
legislation implementing 2011 Realignment did not provide local
agencies with the authority to collect restitution fines and
orders from realigned felons while incarcerated in county jail
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and subsequently while under local supervision.
SB 1210 (Lieu) Chapter 762/2012 provided the authority for
counties to collect restitution from offenders while in local
custody, but did not extend the authority for county officials
to collect and distribute unpaid restitution to include persons
released on PRCS following release from state prison or
mandatory supervision following custody from a felony jail term.
This bill seeks to provide this authority.
Proposed Law: This bill would authorize counties to collect
restitution orders and restitution fines from any person on PRCS
following release from a state prison term or mandatory
supervision following the custody portion of a split felony jail
term, as specified:
Provides that determination of whether a county will
collect restitution from persons on PRCS and mandatory
supervision shall be made by the board of supervisors,
which shall designate the agency to perform collections.
Provides a discretionary process for counties to collect
restitution orders and fines that parallels the system for
collection of restitution from prison inmates, as
specified.
Provides that payment of direct restitution and a
restitution fine shall be a condition of PRCS or mandatory
supervision.
At its discretion, provides that a county board of
supervisors may impose a fee to cover the actual
administrative cost of collecting the restitution, not to
exceed 10 percent of the amount collected, the proceeds of
which shall be deposited in the general fund of the county.
Related Legislation: SB 1210 (Lieu) Chapter 762/2012, among
other provisions, 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.
Staff Comments: This bill establishes county authority to
collect outstanding restitution fines and orders for persons on
PRCS following release from state prison or mandatory
supervision following custody from a felony jail term. This bill
will result in an unknown but potentially significant amount of
increased revenue to the Restitution Fund.
SB 1197 (Pavley)
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Staff notes that this bill provides authority for counties to
collect restitution from persons released on PRCS, however this
authority currently exists with CDCR under RTC � 19280, as CDCR
may refer a restitution order to the FTB for any person subject
to a restitution order who is or has been under the jurisdiction
of the CDCR. In an effort to avoid the potential over-collection
of restitution owed from an offender, staff recommends an
amendment to require a county that elects to collect restitution
to coordinate with the FTB.
Any additional costs to FTB associated with the provisions of
this bill are estimated to be minor and reimbursable through
administrative fee collections. FTB indicates the counties are
already set up to refer these debts.
Recommended Amendments: To provide additional flexibility to
counties in their ability to collect outstanding restitution
fines and restitution orders, as well as to minimize the
potential for over-collection from persons on PRCS for whom CDCR
has referred the outstanding restitution for collection to FTB,
staff recommends the following amendments:
Amend PC � 2085.6, to add a new subdivision (f)
(f) A county that elects to collect restitution fines and
restitution orders pursuant to this section shall coordinate
efforts with the Franchise Tax Board pursuant to Section 19280
of the Revenue and Taxation Code.
Amend Revenue and Taxation Code � 19280 as follows:
(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
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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 .