Restitution: collection of fines, fees, and orders.

(1) Existing law requires the court to order criminal defendants to pay restitution to the victim or victims as well as a fine. Existing law makes any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision, or mandatory supervision, or after the defendant has completed diversion enforceable by the California Victim Compensation and Government Claims Board, as specified, and authorizes a local collection program to continue to enforce restitution orders once a defendant is no longer on probation, postrelease community supervision, or mandatory supervision. This bill, in addition, would make restitution fines and fees and restitution orders that remain unsatisfied after a person has completed a term in custody in a county jail enforceable by the California Victim Compensation and Government Claims Board and would authorize a local collection program to continue to collect those fines, fees, and orders. (2) Existing law authorizes the collection of restitution fines, fees, and orders from inmates in county jails by an agency designated by the county board of supervisors. Existing law authorizes the local agency to deduct and retain administrative fees for fines collected from certain county jail inmates. This bill would also authorize the local agency to charge those county jail inmates, upon their release from custody, a fee to cover the actual administrative cost of collection, up to 10% of the total amount collected. (3) Existing law authorizes the agency designated by the county board of supervisors or a local collection program to collect any moneys owing on a direct restitution order from a person previously imprisoned in a county jail, unless prohibited by federal law. Existing law requires the agency to transfer amounts collected pursuant to that provision to the California Victim Compensation and Government Claims Board for direct payment to the victim, or requires that payment be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. This bill would also authorize the agency to use the funds collected to pay the victim directly. (4) This bill would, contingent upon the enactment of SB 1197 of the 2013–14 Regular Session, incorporate additional conforming changes.