Section 2085.6 Of Article 2. Wardens From California Penal Code >> Title 1. >> Part 3. >> Chapter 2. >> Article 2.
2085.6
. (a) When a prisoner who owes a restitution fine, or any
portion thereof, is subsequently released from the custody of the
Department of Corrections and Rehabilitation or a county jail
facility, and is subject to postrelease community supervision under
Section 3451 or mandatory supervision under subdivision (h) of
Section 1170, he or she shall have a continuing obligation to pay the
restitution fine in full. The restitution fine obligation and any
portion left unsatisfied upon placement in postrelease community
supervision or mandatory supervision is enforceable and may be
collected, in a manner to be established by the county board of
supervisors, by the department or county agency designated by the
board of supervisors in the county where the prisoner is released. If
a county elects to collect restitution fines, the department or
county agency designated by the county board of supervisors shall
transfer the amount collected to the California Victim Compensation
and Government Claims Board for deposit in the Restitution Fund in
the State Treasury.
(b) When a prisoner who owes payment for a restitution order, or
any portion thereof, is released from the custody of the Department
of Corrections and Rehabilitation or a county jail facility, and is
subject to postrelease community supervision under Section 3451 or
mandatory supervision under subdivision (h) of Section 1170, he or
she shall have a continuing obligation to pay the restitution order
in full. The restitution order obligation and any portion left
unsatisfied upon placement in postrelease community supervision or
mandatory supervision is enforceable and may be collected, in a
manner to be established by the county board of supervisors, by the
agency designated by the county board of supervisors in the county
where the prisoner is released. If the county elects to collect the
restitution order, the agency designated by the county board of
supervisors for collection shall transfer the collected amount to the
California Victim Compensation and Government Claims Board for
deposit in the Restitution Fund in the State Treasury or may pay the
victim directly. The sentencing court shall be provided a record of
payments made to the victim and of the payments deposited into the
Restitution Fund.
(c) Any portion of a restitution order or restitution fine that
remains unsatisfied after an individual is released from postrelease
community supervision or mandatory supervision shall continue to be
enforceable by a victim pursuant to Section 1214 until the obligation
is satisfied.
(d) At its discretion, a county board of supervisors may impose a
fee upon the individual subject to postrelease community supervision
or mandatory supervision to cover the actual administrative cost of
collecting the restitution fine and the restitution order, not to
exceed 10 percent of the amount collected, the proceeds of which
shall be deposited into the general fund of the county.
(e) If a county elects to collect both a restitution fine and a
restitution order, the amount owed on the restitution order shall be
collected before the restitution fine.
(f) If a county elects to collect restitution fines and
restitution orders pursuant to this section, the county shall
coordinate efforts with the Franchise Tax Board pursuant to Section
19280 of the Revenue and Taxation Code.
(g) Pursuant to Section 1214, the county agency selected by a
county board of supervisors to collect restitution fines and
restitution orders may collect restitution fines and restitution
orders after an individual is no longer on postrelease community
supervision or mandatory supervision or after a term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of
Section 1170.
(h) For purposes of this section, the following definitions shall
apply:
(1) "Restitution fine" means a 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.
(2) "Restitution order" means an order for restitution to the
victim of a crime 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.