Bill Text: CA AB1945 | 2011-2012 | Regular Session | Introduced
Bill Title: Restitution: county jails.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1945 Detail]
Download: California-2011-AB1945-Introduced.html
BILL NUMBER: AB 1945 INTRODUCED
BILL TEXT
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.
State-mandated 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.
