Title
Approve and Authorize the Monterey County Sheriff's Office as the agency to collect restitution, fines and/or fees from Penal Code Section 1170(h)(1)(2)(3) offenders currently imprisoned in the Monterey County Jail pursuant to Penal Code Section 2085.5.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors Approve and Authorize the Monterey County Sheriff's Office as the agency to collect restitution, fines and/or fees from Penal Code section 1170(h)(1)(2)(3) offenders in the Monterey County Jail pursuant to Penal Code Section 2085.5.
SUMMARY:
The recommended action designates the Sheriff's Office as the local entity authorized to collect a portion of Court-ordered direct restitution and restitution fines from 1170(h)(1)(2)(3) offenders while in custody in County Jail and under the jurisdiction of the Sheriff's Office. This is a critical step toward protecting the rights of victim of 1170(h)(1)(2)(3) crimes, and for improving outcome for collection and distribution of victim restitution.
DISCUSSION:
On April 4, 2011, the Governor of California approved and filed with the Secretary of State Assembly Bill 109, which modified numerous code sections including the classification of when a felony was a crime that was punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail for more than one year. This bill failed to address the authorized entity or entities entitled to collect restitution, fines and fees for those convicted of a felony, and sentenced to state prison but housed at a county jail to serve their imprisonment term.
On September 29, 2012, the Governor of California approved and filed with the Secretary of State Senate Bill 1210, which modified several code sections regarding the collection of restitution and restitution fines for post release community supervision offenders and those imprisoned in a county jail and/or released o...
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