2085.5
. (a) In any case in which a prisoner owes a restitution fine
imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 29, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation 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. The amount deducted shall be credited against the
amount owing on the fine. The sentencing court shall be provided a
record of the payments.
(b) (1) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in any case in
which a prisoner owes a restitution fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as operative
prior to September 29, 1994, subdivision (b) of Section 730.6 of the
Welfare and Institutions Code, or subdivision (b) of Section 1202.4,
the agency designated by the board of supervisors in the county
where the prisoner is incarcerated is authorized to 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 county jail equivalent
of 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. The amount deducted shall be
credited against the amount owing on the fine. The sentencing court
shall be provided a record of the payments.
(2) If the board of supervisors designates the county sheriff as
the collecting agency, the board of supervisors shall first obtain
the concurrence of the county sheriff.
(c) 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 29, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation 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
secretary shall transfer that amount to the California Victim
Compensation and Government Claims Board for direct payment to the
victim, or payment shall be made 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.
(d) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170, 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 29, 1994, subdivision (h) of Section 730.6 of the Welfare
and Institutions Code, or subdivision (b) of Section 1202.4, the
agency designated by the board of supervisors in the county where the
prisoner is incarcerated is authorized to 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 county jail equivalent of
wages and trust account deposits of a prisoner, unless prohibited by
federal law. The agency shall transfer that amount to the California
Victim Compensation and Government Claims Board for direct payment to
the victim, or payment shall be made to the Restitution Fund to the
extent that the victim has received assistance pursuant to that
program, or may pay the victim directly. The sentencing court shall
be provided a record of the payments made to the victims and of the
payments deposited to the Restitution Fund pursuant to this
subdivision.
(e) The secretary 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 amount transferred
to the California Victim Compensation and Government Claims Board
pursuant to subdivision (a) or (c). The secretary 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 (n), unless prohibited by federal law. The secretary
shall deposit the administrative fee moneys in a special deposit
account for reimbursing administrative and support costs of the
restitution program of the Department of Corrections and
Rehabilitation. The secretary, at his or her discretion, may retain
any excess funds in the special deposit account for future
reimbursement of the department's administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
(f) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170, the agency designated by
the board of supervisors in the county where the prisoner is
incarcerated is authorized to deduct and retain from the county jail
equivalent of wages and trust account deposits of a prisoner, unless
prohibited by federal law, an administrative fee that totals 10
percent of any amount transferred to the California Victim
Compensation and Government Claims Board pursuant to subdivision (b)
or (d). The agency is authorized to deduct and retain from a 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 (n),
unless prohibited by federal law. Upon release from custody pursuant
to subdivision (h) of Section 1170, the agency is authorized to
charge a fee to cover the actual administrative cost of collection,
not to exceed 10 percent of the total amount collected. The agency
shall deposit the administrative fee moneys in a special deposit
account for reimbursing administrative and support costs of the
restitution program of the agency. The agency is authorized to retain
any excess funds in the special deposit account for future
reimbursement of the agency's administrative and support costs for
the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
(g) In any case in which a parolee owes a restitution fine imposed
pursuant to subdivision (a) of Section 13967 of the Government Code,
as operative prior to September 29, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the secretary, or, when a prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the county
where the prisoner is incarcerated, may collect from the parolee or,
pursuant to Section 2085.6, from a person previously imprisoned in
county jail any moneys owing on the restitution fine amount, unless
prohibited by federal law. The secretary or the agency shall transfer
that amount to the California Victim Compensation and Government
Claims Board for deposit in the Restitution Fund in the State
Treasury. The amount deducted shall be credited against the amount
owing on the fine. The sentencing court shall be provided a record of
the payments.
(h) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967 of
the Government Code, as operative prior to September 29, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary, or, when a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated or a local collection program, may collect
from the parolee or, pursuant to Section 2085.6, from a person
previously imprisoned in county jail any moneys owing, unless
prohibited by federal law. The secretary or the agency shall transfer
that amount to the California Victim Compensation and Government
Claims Board for direct payment to the victim, or payment shall be
made to the Restitution Fund to the extent that the victim has
received assistance pursuant to that program, or the agency may pay
the victim directly. The sentencing court shall be provided a record
of the payments made by the offender pursuant to this subdivision.
(i) The secretary, or, when a prisoner is punished by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170, the
agency designated by the board of supervisors in the county where the
prisoner is incarcerated, may deduct and retain from moneys
collected from parolees or persons previously imprisoned in county
jail an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (g) or (h), unless prohibited by
federal law. The secretary shall deduct and retain from any
settlement or trial award of a parolee an administrative fee that
totals 5 percent of an amount paid from the settlement or award to
satisfy an outstanding restitution order or fine pursuant to
subdivision (n), unless prohibited by federal law. The agency is
authorized to deduct and retain from any settlement or trial award of
a person previously imprisoned in county jail 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 (n). The secretary or the agency shall deposit the
administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution
program of the Department of Corrections and Rehabilitation or the
agency, as applicable. The secretary, at his or her discretion, or
the agency may retain any excess funds in the special deposit account
for future reimbursement of the department's or agency's
administrative and support costs for the restitution program or may
transfer all or part of the excess funds for deposit in the
Restitution Fund.
(j) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation shall collect the restitution order first pursuant to
subdivision (c).
(k) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170 and that prisoner has
both a restitution fine and a restitution order from the sentencing
court, if the agency designated by the board of supervisors in the
county where the prisoner is incarcerated collects the fine and
order, the agency shall collect the restitution order first pursuant
to subdivision (d).
(l) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation, or, when the prisoner is punished by imprisonment in
a county jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated, may collect the restitution order first,
pursuant to subdivision (h).
(m) If an inmate is housed at an institution that requires food to
be purchased from the institution canteen for unsupervised overnight
visits, and if the money for the purchase of this food is received
from funds other than the inmate's wages, that money shall be exempt
from restitution deductions. This exemption shall apply to the actual
amount spent on food for the visit up to a maximum of fifty dollars
($50) for visits that include the inmate and one visitor, seventy
dollars ($70) for visits that include the inmate and two or three
visitors, and eighty dollars ($80) for visits that include the inmate
and four or more visitors.
(n) Compensatory or punitive damages awarded by trial or
settlement to any inmate, parolee, person placed on postrelease
community supervision pursuant to Section 3451, or defendant on
mandatory supervision imposed pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, in connection with
a civil action brought against a federal, state, or local jail,
prison, or correctional facility, or any official or agent thereof,
shall be paid directly, after payment of reasonable attorney's fees
and litigation costs approved by the court, to satisfy any
outstanding restitution orders or restitution fines against that
person. The balance of the award shall be forwarded to the payee
after full payment of all outstanding restitution orders and
restitution fines, subject to subdivisions (e) and (i). The
Department of Corrections and Rehabilitation shall make all
reasonable efforts to notify the victims of the crime for which that
person was convicted concerning the pending payment of any
compensatory or punitive damages. For any prisoner punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency is authorized to make all reasonable efforts to
notify the victims of the crime for which that person was convicted
concerning the pending payment of any compensatory or punitive
damages.
(o) (1) Amounts transferred to the California Victim Compensation
and Government Claims Board for payment of direct orders of
restitution shall be paid to the victim within 60 days from the date
the restitution revenues are received by the California Victim
Compensation and Government Claims Board. If the restitution payment
to a victim is less than twenty-five dollars ($25), then payment need
not be forwarded to that victim until the payment reaches
twenty-five dollars ($25) or when the victim requests payment of the
lesser amount.
(2) If a victim cannot be located, the restitution revenues
received by the California Victim Compensation and Government Claims
Board on behalf of the victim shall be held in trust in the
Restitution Fund until the end of the state fiscal year subsequent to
the state fiscal year in which the funds were deposited or until the
time that the victim has provided current address information,
whichever occurs sooner. Amounts remaining in trust at the end of the
specified period of time shall revert to the Restitution Fund.
(3) (A) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide documentation
to the Department of Corrections and Rehabilitation, which shall
verify that moneys were collected on behalf of the victim. Upon
receipt of that verified information from the Department of
Corrections and Rehabilitation, the California Victim Compensation
and Government Claims Board shall transmit the restitution revenues
to the victim in accordance with the provisions of subdivision (c) or
(h).
(B) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide documentation
to the agency designated by the board of supervisors in the county
where the prisoner punished by imprisonment in a county jail pursuant
to subdivision (h) of Section 1170 is incarcerated, which may verify
that moneys were collected on behalf of the victim. Upon receipt of
that verified information from the agency, the California Victim
Compensation and Government Claims Board shall transmit the
restitution revenues to the victim in accordance with the provisions
of subdivision (d) or (h).