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AB-1945 Restitution: county jails.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1945


Introduced  by  Assembly Member Morrell

February 23, 2012


An act to add Section 4005.5 to the Penal Code, relating to restitution, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1945, as introduced, Morrell. Restitution: county jails.
Existing law requires the court to order a person who is convicted of a crime to pay a restitution fine, as prescribed, and restitution to the victim or victims for the full amount of economic loss, unless the court finds compelling and extraordinary reasons for not doing so and states them on the record. Existing law requires that the Secretary of the Department of Corrections and Rehabilitation deduct a minimum of 20% or the balance owing on the fine amount, whichever is less, up to a maximum of 50% from the wages and trust account deposits of a prisoner for payment of a restitution fine or a restitution order for the victims of the crime. Existing law also requires the secretary to retain certain prescribed administrative fees from the wages and trust account deposits of a prisoner and amounts paid from a settlement or award to satisfy an outstanding restitution order or fine.
This bill would require a county sheriff or correctional administrator to deduct a prescribed amount from the wages and trust account of a prisoner sentenced to a county jail or a person who is subject to postrelease community supervision for the payment of restitution orders to the victims of the crime and restitution fines. The bill would also require, unless prohibited by federal law and in addition to the restitution fines and restitution order, the sheriff or correctional administrator to deduct and retain prescribed administrative fees. By requiring local sheriffs and correctional administrators to implement these provisions, this bill would impose a state-mandated local program. The Restitution Fund into which the amounts for payment of restitution fines and orders are put is a continuously appropriated fund. By increasing the amount deposited in that fund, this bill would make an appropriation.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 4005.5 is added to the Penal Code, to read:

4005.5.
 (a) In any case in which a prisoner sentenced to county jail pursuant to subdivision (h) of Section 1170 owes a restitution 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, the sheriff or correctional administrator of the county where the prisoner was sentenced shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation and Government Claims Board for deposit in the Restitution Fund in the State Treasury. Any amount so deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(b) In any case in which a prisoner owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 28, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4, the sheriff or correctional administrator of the county where the prisoner was sentenced shall deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law. The sheriff or correctional administrator shall transfer that amount to the county’s regular collection agent for distribution to the crime victim named in the restitution order or to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. The sentencing court shall be provided a record of the payments made to victims and of the payments deposited to the Restitution Fund pursuant to this subdivision.
(c) The sheriff or correctional administrator shall deduct and retain from the wages and trust account deposits of a prisoner, unless prohibited by federal law, an administrative fee that totals 10 percent of any amounts collected pursuant to subdivision (a) or (b). This fee is in addition to the total amount of the restitution order or restitution fine imposed by the sentencing court. The sheriff or correctional administrator shall deduct and retain from any prisoner settlement or trial award, an administrative fee that totals 5 percent of any amount paid from the settlement or award to satisfy an outstanding restitution order or fine pursuant to subdivision (j), unless prohibited by federal law. The sheriff or correctional administrator shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the county’s restitution program. The sheriff or correctional administrator, at his or her discretion, may retain any excess funds in the special deposit account for future reimbursement of the sheriff’s or correctional administrator’s administrative and support costs for the restitution program.
(d) In any case in which a person who is subject to postrelease community supervision or who is sentenced to a term in county jail pursuant to paragraph (5) of subdivision (h) of Section 1170 and placed under the supervision of the county probation officer for a portion of that term owes a restitution 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, the sheriff or correctional administrator may collect from that person any moneys owing on the restitution fine amount, unless prohibited by federal law. The sheriff or correctional administrator shall transfer that amount to the California Victim Compensation and Government Claims Board for deposit in the Restitution Fund in the State Treasury. Any amount so deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.
(e) In any case in which a person who is subject to postrelease community supervision or who is sentenced to a term in county jail pursuant paragraph (5) of subdivision (h) of Section 1170 and placed under the supervision of the county probation officer for a portion of that term owes a direct order of restitution, imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 28, 1994, subdivision (h) of Section 730.6 of the Welfare and Institutions Code, or paragraph (3) of subdivision (a) of Section 1202.4, the sheriff or correctional administrator may collect from that person any moneys owing, unless prohibited by federal law. The sheriff or correctional administrator shall transfer that amount to the county’s regular collection agent for distribution to the crime victim named in the restitution order or to the California Victim Compensation and Government Claims Board to the extent that the victim has received assistance pursuant to that program. The sentencing court shall be provided a record of the payments made pursuant to this subdivision.
(f) The sheriff or correctional administrator may deduct and retain from any moneys collected from a person who is subject to postrelease community supervision or who is sentenced to a term in county jail pursuant to paragraph (5) of subdivision (h) of Section 1170 and placed under the supervision of the county probation officer for a portion of that term an administrative fee that totals 10 percent of any amounts collected pursuant to subdivision (d) or (e). This fee is in addition to the total amount of the restitution order or restitution fine imposed by the sentencing court. The sheriff or correctional administrator shall deduct and retain from any prisoner settlement or trial award, an administrative fee that totals 5 percent of any amount paid from the settlement or award to satisfy an outstanding restitution order or fine pursuant to subdivision (j), unless prohibited by federal law. The sheriff or correctional administrator shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the county’s restitution program. The sheriff or correctional administrator, at his or her discretion, may retain any excess funds in the special deposit account for future reimbursement of the sheriff’s or correctional administrator’s administrative and support costs for the restitution program.
(g) When a prisoner has both a restitution fine and a restitution order from the sentencing court, the sheriff or correctional administrator shall collect the restitution order first pursuant to subdivision (b).
(h) When a person who is subject to postrelease community supervision or who is sentenced to a term in county jail pursuant to paragraph (5) of subdivision (h) of Section 1170 and placed under the supervision of the county probation officer for a portion of the term has both a restitution fine and a restitution order from the sentencing court, the sheriff or correctional administrator shall collect the restitution order first, pursuant to subdivision (e).
(i) The exemptions set forth in Section 704.090 of the Code of Civil Procedure shall not apply to any deductions authorized by this section.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.