BILL ANALYSIS �
SB 1197
Page 1
SENATE THIRD READING
SB 1197 (Pavley)
As Amended August 22, 2014
Majority vote
SENATE VOTE :31-0
PUBLIC SAFETY 7-0
--------------------------------
|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
--------------------------------
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.
SB 1197
Page 2
8)Directs the county agency to coordinate collection efforts with
the Franchise Tax Board (FTB).
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 (FTB) 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.
2)Authorizes the California Department of Corrections and
Rehabilitation (CDCR) to collect restitution fines and restitution
orders from prisoners.
3)Authorizes a local agency designated by the board of supervisors
to collect restitution fines and restitution orders from county
jail inmates serving a term under the provisions of realignment.
4)Allows CDCR to collect money from parolees with an outstanding
balance on a victim restitution fine or order.
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "SB 1197 corrects an oversight
in California's realignment (AB 109 [(Budget Committee), Chapter 15,
Statutes of 2011]) 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 [CDCR] from state prison inmates and by counties from
SB 1197
Page 3
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 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."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0005208