Chapter 9. Collection And Disposition Of Fines of California Health And Safety Code >> Division 10. >> Chapter 9.
The district attorney, or any person designated by him, of
the county in which any violation of this division is committed shall
conduct all actions and prosecutions for the violation.
However, the Attorney General, or special counsel employed by the
Attorney General for that purpose, may take complete charge of the
conduct of such actions or prosecutions. The Attorney General may fix
the compensation to be paid for the service and may incur such other
expense in connection with the conduct of the actions or
prosecutions as he may deem necessary. No attorney employed as
special counsel shall receive as compensation more than three
thousand five hundred dollars ($3,500) in any one year.
The State of California, or any political subdivision
thereof, may maintain an action against any person or persons engaged
in the unlawful sale of controlled substances for the recovery of
any public funds paid over to such person or persons in the course of
any investigation of violations of this division. All proceedings
under this section shall be instituted in the superior court of the
county where the funds were paid over, where the sale was made, or
where the defendant resides. Notwithstanding Section 483.010 of the
Code of Civil Procedure, in any action under this section, a writ of
attachment may be issued, without the showing required by Section
485.010 of the Code of Civil Procedure, in the manner provided by
Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of
the Code of Civil Procedure to attach any funds paid over or any
other funds on the defendant's person at the time of his arrest.
(a) All moneys, forfeited bail, or fines received by any
court under this division shall as soon as practicable after the
receipt thereof be deposited with the county treasurer of the county
in which the court is situated. Amounts so deposited shall be paid at
least once a month as follows: 75 percent to the State Treasurer by
warrant of the county auditor drawn upon the requisition of the clerk
or judge of the court to be deposited in the State Treasury on order
of the State Controller; and 25 percent to the city treasurer of the
city, if the offense occurred in a city, otherwise to the treasurer
of the county in which the prosecution is conducted.
(b) Any money deposited in the State Treasury under this section
that is determined by the State Controller to have been erroneously
deposited therein shall be refunded by him or her, subject to the
approval of the California Victim Compensation and Government Claims
Board prior to the payment of the refund, out of any moneys in the
State Treasury that are available by law for that purpose.
Judges and magistrates who collect fines or forfeitures
under this division shall keep a record thereof, and, upon the
imposition of any such fine or forfeiture, shall at least monthly
transmit a record of it to the county auditor. The county auditor
shall transmit a record of the imposition, collection and payment of
such fines or forfeitures to the State Controller at the time of
transmittal of each warrant to the State Treasurer pursuant to this
When an imprisonment has been imposed for a violation of
this division, and before the termination of the sentence, the
defendant is released by the vacation of the sentence of imprisonment
and the imposition of a fine or forfeiture instead, the fine or
forfeiture shall be recorded and accounted for in the same manner as
though it had been imposed in the first instance.
Whenever a fine has been imposed for violation of this
division, and before the full payment of the fine a sentence of
imprisonment is imposed instead, the imprisonment shall be recorded
and accounted for to the county auditor.
The State Controller shall check the reports and records
received by him with the transmittals of fines and forfeitures and
whenever it appears that fines or forfeitures have not been
transmitted the county auditor shall and the State Controller may
bring suit to enforce their collection or transmittal, or both.
The official bond of any judge or magistrate is liable for
his failure to transmit the fines or forfeitures imposed by him under
The records kept by a judge or magistrate under this
division are open to public inspection, and may be checked by the
State Controller, the Attorney General, the district attorney of the
particular county, or the state bureau.