Chapter 9.2. Restitution Centers of California Penal Code >> Title 7. >> Part 3. >> Chapter 9.2.
The Director of Corrections may establish and operate
facilities to be known as restitution centers.
The purpose of restitution centers is to provide a means for
those sentenced to prison to be able to pay their victims' financial
restitution, which includes direct restitution to victims as well as
other restitution fines and fees, as ordered by the sentencing court
or as agreed upon by the defendant and his or her victims. Inmates
who commit crimes involving a direct victim shall receive priority
placement in restitution centers.
The location for a restitution center or centers shall be
determined by the Director of Corrections with approval from the
county board of supervisors or city council in whose jurisdiction the
center will be located.
Restitution centers shall be located in areas which will
maximize the employment opportunities of persons sentenced to the
The supervision, management, and control of the restitution
centers and the responsibility for the care, custody, discipline, and
employment of persons confined therein are vested in the Director of
The Director of Corrections may commingle inmates who have
been assigned to a restitution center pursuant to Section 6227 with
inmates who are in transit for community correctional reentry center
Supervision of inmates in the restitution centers may be by
contract with private nonprofit or profit corporations, or by peace
officer personnel of the Department of Corrections on a 24-hour
basis. As a condition to any contract awarded by the state to a
vendor for restitution center operations, a peace officer from the
Department of Corrections shall be assigned to the site to provide
daily oversight and guidance of custody and security activities. The
peace officer also shall be the liaison between the vendor and the
department. If the supervision is by a private entity, the per inmate
cost of operating these facilities under contract shall be less than
the per inmate cost of maintaining custody of inmates by the
The Director of Corrections in establishing a restitution
center shall enter into an agreement with the county, city, or city
and county in which the facility is located to reimburse the county,
city, or city and county for any additional direct law enforcement
costs that will occur as a result of the restitution center.
The court may order the Department of Corrections to place an
eligible defendant in a restitution center if the court makes a
restitution order, or if a restitution agreement is entered into by
the victims and the defendant. The Department of Corrections may send
a defendant to a reception center for classification prior to
placing the defendant in the restitution center.
The Judicial Council shall provide information to
sentencing courts to ensure that the judges responsible for
sentencing are aware of the existence of the restitution center.
A defendant is eligible for placement in a restitution center
if the defendant does not have a criminal history of a conviction
for the sale of drugs within the last five years, or for an offense
requiring registration pursuant to Section 290, or a serious felony,
as listed in Section 1192.7, or a violent felony, as listed in
Section 667.5, the defendant did not receive a sentence of more than
60 months for the current offense or offenses, the defendant presents
no unacceptable risk to the community, and the defendant is
employable. The provisions of Article 2.5 (commencing with Section
2930) of Chapter 7 of Title 1 are applicable to prisoners in
In each county, city, or city and county, in which a
restitution center is established, there shall be a restitution
center community advisory board to assist the Director of Corrections
in establishing and promoting the restitution program of the center.
The board shall include the sheriff or chief of police of the local
jurisdiction, the district attorney, a superior court judge selected
by the presiding superior court judge, the chief probation officer, a
member of the city council or the board of supervisors of the local
jurisdiction, selected by the council or board, and two public
members chosen by the city council or board of supervisors. The
public member shall serve for two years. All members shall receive
only actual expenses approved by the Director of Corrections. The
expenses shall be paid by the Department of Corrections.
(a) Offenders shall perform all the labor necessary to
maintain the restitution center and meet the offenders' needs unless
the director finds that a particular task can be better performed by
(b) The director may employ and pay compensation to offenders to
perform work at a center.
(a) Wages earned by an offender, less any deductions for
taxes, shall be paid directly to the Department of Corrections.
(b) Wage moneys received by the department shall be used to
reimburse the offender for costs directly associated with continued
employment, including transportation, special tools or clothing,
meals away from the center, union dues, and other employee-mandated
costs. The remaining wages shall be distributed as follows:
(1) One-third shall be transferred to the Department of
Corrections to pay the costs of operating and maintaining the
(2) One-third shall be used to pay restitution pursuant to the
agreement or court order. After the restitution is paid these moneys
shall be paid to the jurisdiction which prosecuted the offender to
defray the court costs and attorney fees incurred in the offender's
prosecution. If all restitution, court costs and attorney fees are
paid, these moneys shall be paid to the local jurisdiction for crime
(3) One-third shall be placed in a savings account for the
offender, to provide support for the offender's immediate family, to
purchase items necessary for the offender's employment or to give to
the offender to purchase personal accessories. Any moneys in the
savings account or not expended pursuant to this paragraph at the
time the offender is released from the restitution center shall be
paid to the offender.
(a) An offender shall not leave a restitution center except
to go to work or when specifically authorized and shall return to the
restitution center immediately after work or when required by the
person in charge of the restitution center.
(b) An offender who violates this section is guilty of escape, and
notwithstanding any other provision of law shall be punishable as
provided in Section 4530.
(a) The offender shall not be allowed to take employment if
the rate of pay or other conditions of employment are less than those
paid or provided for work of a similar nature in the locality in
which the work is performed.
(b) To help in administering the restitution center programs, the
director may use volunteer help.
(c) If an offender does not secure employment within three months
after being sent to a restitution center, the director may, at any
time thereafter, transfer the offender to another Department of
Corrections facility if employment has not been obtained.
(d) If the offender violates any of the rules and regulations
governing the restitution center, the director may transfer the
offender to another Department of Corrections facility.
The Department of Corrections shall, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt regulations for administering restitution
centers. To the extent practical, the rules and regulations shall be
stated in language that is easily understood by the general public.
This chapter shall be known as "Restitution Centers."