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.