BILL ANALYSIS �
SB 1197
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Date of Hearing: June 17, 2014
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1197 (Pavley) - As Amended: May 21, 2014
SUMMARY : Extends existing restitution collection methods to
defendants who are currently on post release community
supervision (PRCS) or mandatory supervision. Specifically, this
bill :
1)Authorizes the probation department to send victim contact
information to the local agency designated to collect and
distribute restitution, if the victim consents.
2)Authorizes prosecutors to send victim contact information to
the local agency designated to collect and distribute
restitution without the victim's consent for the sole purpose
of recouping restitution.
3)Authorizes the county department or agency designated by the
board of supervisors to collect restitution fines and victim
restitution from persons on PRCS or mandatory supervision and
transfer them to the California Victims Compensation and
Government Claims Board (CVCGCB).
4)Requires the collecting agency to provide records of payment
made by the defendant to the court.
5)Provides that any unsatisfied portion of a restitution fine or
order shall continue to be enforceable, as specified.
6)Permits the collecting agency to charge an administrative fee
not to exceed 10% of the amount collected.
7)Directs the county agency to collect outstanding victim
restitution before collecting the restitution fine.
8)Directs the county agency to coordinate collection efforts
with the Franchise Tax Board.
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9)Requires a person placed on PRCS to pay court-ordered
restitution and restitution fines in the same manner as a
person placed on probation.
10)Allows a local agency designated to collect and distribute
restitution to refer a restitution order to the Franchise Tax
Board unless the victim objects.
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. (Pen. Code � 1202.4(a)(3).)
2)Authorizes the California Department of Corrections and
Rehabilitation (CDCR) to collect restitution fines and
restitution orders from prisoners. (Pen. Code, � 2085.5,
subds. (a) & (c).)
3)Authorizes a local agency designated by the board of
supervisor to collect restitution fines and restitutions
orders from county jail inmates serving a term under the
provisions of realignment. (Pen. Code, � 2085.5, subds.
(b)(1) & (d).)
4)Allows CDCR to collect money from parolees with an outstanding
balance on a victim restitution fine or order. (Pen. Code, �
2085.5, subds. (g) & (h).)
5)Authorizes both the CVCGCB and a local agency designated by
the board of supervisors to collect outstanding restitution
fines and victim restitution orders after a defendant is
released from probation, PRCS, or mandatory supervision.
(Pen. Code, � 1214, subd. (a).)
6)Allows the probation department to send CDCR the victim's
contact information and a copy of the restitution order for
purposes of distributing restitution collected on behalf of
the victim, but only if the victim consents. (Pen. Code, �
1203c, subd. (d)(1).)
7)Authorizes prosecutors to send victim contact information to
CDCR without the victim's consent for purposes of recouping
restitution. (Pen. Code, � 1203c, subd. (d)(2).)
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8)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. (Rev. &
Tax Code, � 19280.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1197
corrects an oversight in California's realignment (AB 109) and
will give counties the authority to collect court-ordered
restitution from individuals under local supervision;
specifically, those offenders now ordered to post-community
release and mandatory supervision. Currently, restitution and
restitution fines are collected by the Department of
Corrections and Rehabilitation from state prison inmates and
by counties from jail inmates and persons placed on parole.
Restitution is a constitutionally protected right to ensure
that the victim is repaid for the harm that has occurred due
to the commission of a crime.
"Many of the offenders who are being shifted from the prisons to
the counties, have committed various types of non-violent
crimes, among them theft, elder financial abuse and other
forms of consumer fraud. Anecdotally, victims of crime are
calling district attorney offices asking for assistance in
collection from individuals committed in the county. Absent
statutory authority, the only alternative for a victim to
receive restitution is civil enforcement. Victims are not
well-equipped to enforce these restitution judgments. In
addition, they must locate the convicted individual to enforce
the judgment as a lien. Convicted individuals are most
reachable when they are under supervision. They are more
likely to pay when they are constructively in custody than
when they are not supervised. Legislative reform is a
superior alternative.
"Victim restitution is an important part of victim
rehabilitation. SB 1197 is needed to facilitate the
collection of restitution from persons who have committed
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crimes such as elder financial abuse, identity theft, mortgage
fraud and other crimes. This bill is intended to bring in new
revenues to our restitution fund as offenders pay their
victims for the losses they caused by their criminal
activity."
2)Collection Procedures : There are several Penal Code
provisions which provide a framework for collecting
outstanding restitution fines and fees from defendants.
Penal Code section 2085.5 is a garnishment statute which allows
CDCR to deduct a percentage of the inmate's wages and trust
deposits to go toward satisfying the restitution fine or
order, and the balance then goes into the inmate's account.
(Ibid.) The statute previously applied to prisoners and
parolees in the custody of CDCR.
Penal Code section 2085.5 was amended to allow the garnishment
of wages and trust account deposits from realigned felons
serving a sentence in county jail. (See SB 1210 (Lieu),
Chapter 762, Statutes of 2012.) Rather than CDCR garnishing
the wages and trust accounts, a local agency chosen by the
county board of supervisors is allowed to collect monies owed
on restitution fines and victim restitution orders while the
inmate was incarcerated. However, when the statute was
amended, the new forms of supervised release created by
realignment, namely PRCS and mandatory supervision, were
inadvertently omitted. This bill corrects this oversight to
allow for the collection of restitution fines and orders by a
local agency while a defendant is on PRCS or mandatory
supervision.
Another related but distinct collection statute is Penal Code
section 1214. This provision permits the collection of
outstanding restitution fines and fees after a defendant has
been released not only from custody, but also from all forms
of supervised release, including probation, PRCS, and
mandatory supervision. SB 419 (Block), of the 2013-2014
legislative session, amends this statute to allow for the
continued collection of outstanding restitution fines and
order when a person completes a county jail term under
realignment which is not followed by a term of supervision
upon release.
3)Argument in Support : The Los Angeles County District
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Attorney's Office , the sponsor of this bill, writes, "Under
current law, restitution and restitution fines are collected
by the Department of Corrections and Rehabilitation from state
prison inmates and by counties from jail inmates and persons
on probation. Unfortunately, state realignment legislation
did not extend similar authority to counties to collect victim
restitution from persons placed in mandatory supervision or
post-release community supervision pursuant to AB 109
(realignment). SB 1197 corrects this oversight. ?
4)
"SB 1197 is also an important rehabilitation tool as payment of
compensation to victims is an integral part of restorative
justice. Most importantly, SB 1197 will promote justice for
crime victims by enforcing the constitutional right to
restitution. By permitting collection of restitution fines,
SB 1197 will also contribute to the health of the California
crime victims' fund."
5)Argument in Opposition : According to Taxpayers for Improving
Public Safety , "Although the payment of the restitution is
appropriate, allowing the Counties to add on a fee for the
collection adds to the financial burden of inmates and will
result in increased recidivism because most inmates are
limited to menial jobs while incarcerated and upon release, if
fortunate, work part time at a minimum wage.
"Regardless of the merits of levying upon as much as fifty
percent of the minimum wage a probationer or parolee may earn,
adding a further charge for collection acts as a disincentive
for probationers and parolees to obtain an income from a
lawful occupation."
6)Related Legislation : SB 419 (Block) 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. SB 419 is pending hearing in the
Assembly Appropriations Committee.
7)Prior Legislation :
a) SB 1210 (Lieu), Chapter 762, Statutes of 2012,
authorizes the collection of restitution fines and orders
from realigned felons, as specified, by agencies designated
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by local boards of supervisors in which offenders are
incarcerated.
b) AB 1945 (Morrell), of the 2011-12 Legislative Session,
required a county sheriff or correctional administrator to
deduct a prescribed amount from the wages and trust account
of a prisoner for the payment of restitution orders to the
victims of crimes and restitution fines. AB 1945 was
pulled by the author and not heard by this committee.
c) AB 2251 (Feuer), Chapter 124, Statutes of 2012,
authorizes prosecutors to send victim contact information
to CDCR without the victim's consent for purposes of
recouping restitution.
d) SB 432 (Runner), Chapter 49, Statutes of 2009,
authorized a county probation department, when restitution
has been ordered, to provide a copy of the restitution
order and victim contact information to CDCR.
e) SB 940 (Escutia), Chapter 275, Statutes of 2003,
established a statewide system for collecting delinquent
court-ordered fines, fees, and penalties.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County District Attorney's Office (Sponsor)
California Law Enforcement Association of Records Supervisors
California Police Chiefs Association
Chief Probation Officers of California
Crime Victims United of California
Opposition
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Taxpayers for Improving Public Safety
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744