BILL NUMBER: SB 1197	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 20, 2014

   An act to amend Section 1203c of the Penal Code, relating to
restitution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1197, as introduced, Pavley. Restitution: collection by
counties.
   Existing law requires that restitution fines and fees be imposed
upon a person convicted of crime. Under existing law, when a person
is committed to an institution under the jurisdiction of the
Department of Corrections and Rehabilitation and the court has
ordered restitution, the probation officer or the district attorney,
with the consent of the victim, is authorized to send the victim's
contact information and a copy of the restitution order to the
department for the sole purpose of distributing the restitution
collected on behalf of the victim.
   This bill, when a person who has been ordered to pay restitution
is committed to a county jail or placed on postrelease community
supervision or mandatory supervision, would authorize the probation
officer or district attorney to provide the victim's contact
information and a copy of the restitution order, with the victim's
consent, to the county agency designated by the board of supervisors
to collect and distribute restitution for the sole purpose of
distributing the restitution collected on behalf of the victim.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203c of the Penal Code is amended to read:
   1203c.  (a) (1) Notwithstanding any other provisions of law,
whenever a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation,
whether probation has been applied for or not, or granted and
revoked, it shall be the duty of the probation officer of the county
from which the person is committed to send to the Department of
Corrections and Rehabilitation a report of the circumstances
surrounding the offense and the prior record and history of the
defendant, as may be required by the Secretary of the Department of
Corrections and Rehabilitation.
   (2) If the person is being committed to the jurisdiction of the
department for a conviction of an offense that requires him or her to
register as a sex offender pursuant to Section 290, the probation
officer shall include in the report the results of the
State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO)
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
   (b) These reports shall accompany the commitment papers. The
reports shall be prepared in the form prescribed by the administrator
following consultation with the Board of State and Community
Corrections, except that if the defendant is ineligible for
probation, a report of the circumstances surrounding the offense and
the prior record and history of the defendant, prepared by the
probation officer on request of the court and filed with the court
before sentence, shall be deemed to meet the requirements of
paragraph (1) of subdivision (a).
   (c) In order to allow the probation officer an opportunity to
interview, for the purpose of preparation of these reports, the
defendant shall be held in the county jail for 48 hours, excluding
Saturdays, Sundays, and holidays, subsequent to imposition of
sentence and prior to delivery to the custody of the Secretary of the
Department of Corrections and Rehabilitation, unless the probation
officer has indicated the need for a different period of time.
   (d) Whenever a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation 
or a county jail pursuant to subdivision (h) of Section 1170, or is
placed on postrelease community supervision or mandatory supervision,
 and the court has ordered the person to pay restitution to a
victim, the following shall apply:
   (1) If the victim consents, the probation officer of the county
from which the person is committed may send  to the
Department of Corrections and Rehabilitation  the victim's
contact information and a copy of the restitution order  to the
department or to the county agency designated by the board of
supervisors to collect and distribute restitution  for the sole
purpose of distributing the restitution collected on behalf of the
victim.
   (2) Notwithstanding paragraph (1), the district attorney of the
county from which the person is committed may send  to the
Department of Corrections and Rehabilitation  the victim's
contact information and a copy of the restitution order  to the
department or to the county agency designated by the board of
supervisors to collect and distribute restitution  for the sole
purpose of distributing the restitution collected on behalf of the
victim if the district attorney finds it is in the best interest of
the victim to send that information. If the victim affirmatively
objects, the district attorney shall not send the victim's contact
information  to the department  . The district
attorney shall not be required to inform the victim of the right to
object.
   (3) The  victim's  contact information shall remain
confidential and shall not be made part of the court file or combined
with any public document.