California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 2 - Inmate Resources › Article 1.5 - Inmate Wages and Deductions › Section 3097 - Inmate Restitution Fine and Direct Order Collections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an
					 inmate owes any obligation pursuant to a direct order of restitution imposed by a
					 court, the department shall deduct 50 percent or the balance owing, whichever is
					 less, from the inmate's wages and trust account deposits regardless of the source of
					 such income, subject to the exemptions enumerated in subsection (g) and shall
					 transfer those funds to the California Victim Compensation Board pursuant to Penal
					 Code sections 2085.5 and 2717.8.
(b)
					 When a condemned inmate owes any obligation pursuant to a direct order of
					 restitution or to a restitution fine imposed by a court, the department shall deduct
					 70 percent or the balance owing, whichever is less, from the inmate's wages and
					 trust account deposits regardless of the source of such income, with the exception
					 of federal disability payments, veteran benefits, any reimbursement to an inmate as
					 a result of a claim for lost or damaged property, or money reimbursed to an inmate
					 due to a failed attempt to purchase merchandise, and shall transfer those funds to
					 the California Victim Compensation Board pursuant to Penal Code sections 2085.5 and
					 2717.8. The collection of restitution fines from condemned inmates, on their
					 condemned case only, is stayed until the automatic appeal of the conviction
					 resulting in the sentence of death is exhausted. Deductions for direct orders of
					 restitution are not stayed, unless otherwise ordered by the court.
(c) When an inmate owes any obligation pursuant to
					 a restitution fine imposed by a court, the department shall deduct 50 percent or the
					 balance owing, whichever is less, from the inmate's wages and trust account deposits
					 regardless of the source of such income subject to the exemptions enumerated in
					 subsection (g) and shall transfer those funds to the California Victim Compensation
					 Board pursuant to Penal Code sections 2085.5 and 2717.8. The amount deducted shall
					 be transferred to the California Victim Compensation Board for deposit in the
					 Restitution Fund. The inmate shall be credited for the amount deducted against the
					 amount owing on the fine.
(d) When an
					 inmate owes both a restitution fine and a direct order of restitution from a
					 sentencing court, the department shall collect on the direct order(s) of restitution
					 first. Upon satisfaction of the direct order(s) of restitution, collection of any
					 unsatisfied restitution fine(s) shall commence until paid in full.
(e) Fines and direct orders of restitution shall
					 be collected from inmates or parolees who owe restitution while the inmate or parole
					 violator remains under the jurisdiction of the department, with certain exceptions,
					 set out in subsection (g).
(f) Fines and
					 direct orders of restitution may be collected from inmates and parole violators
					 housed in any CDCR facility, Community Correctional Center, Community Correctional
					 Facility, Community Correctional Reentry Center, Restitution Community Correctional
					 Center or Return to Custody Substance Abuse Treatment Facility. Fines and direct
					 orders of restitution may also be collected from inmates in the Community Prisoner
					 Mother, Family Foundations Programs and the Alternative Custody Program.
(g) Joint Venture Program deposits, funds
					 designated to pay the costs of a family visit ("family visit funds"), Temporary
					 Community Leave funds, federal disability payments, veteran benefits, any
					 reimbursement to an inmate as a result of a claim for lost or damaged property, or
					 money reimbursed to an inmate due to a failed attempt to purchase merchandise are
					 exempt from deductions for fines and direct orders of restitution enumerated in
					 subsections (a), (c), (d), (e), and (f).
(h) Family visit funds and Temporary Community
					 Leave funds shall be so designated by the sender on Form 1839 (Rev. 5/97), Exemption
					 of Family Visit/Temporary Community Leave Funds From Restitution Fines/Orders, to be
					 completed in its entirety and returned to staff with the appropriate funds. Any
					 funds received for either of these two purposes that are not accompanied by the
					 prescribed form, properly completed, shall be deposited in the inmate's trust
					 account and shall be subject to a deduction for restitution pursuant to subsections
					 (a), (c), (d), (e), and (f).
(i)
					 Existing funds from the inmate's trust account can be used to pay for a family visit
					 or a Temporary Community Leave. Upon the inmate's request, a hold will be placed on
					 a specified portion of these funds to pay for the upcoming family visit or Temporary
					 Community Leave. The inmate shall not use these designated funds for any other
					 purpose other than the planned family visit or Temporary Community Leave. Should the
					 family visit or Temporary Community Leave not take place then the hold previously
					 placed on the funds shall be removed and no restitution deduction shall be
					 made.
(j) If the family visit does not
					 occur, then the funds provided by the family member and designated for the family
					 visit on Form 1839 (Rev. 5/97), shall have a permanent hold placed on them in the
					 inmate's trust account for a future family visit or until the inmate is released on
					 parole. Should the inmate transfer to another institution, the hold shall be
					 removed, the funds deposited into the inmate's trust account, and no restitution
					 deduction shall be made.
(k) If the
					 Temporary Community Leave does not occur, then the funds provided by the family
					 member and designated for the leave on Form 1839 (Rev. 5/97), shall be refunded to
					 the sender.
(l) Any remaining balance on
					 the Temporary Community Leave fund provided by a family member for a Temporary
					 Community Leave that took place shall be refunded to the sender.
Note: Authority cited: Sections 5058, 5058.3 and 1170.05,
						  Penal Code. Reference: Sections 1170.05, 1243, 2085.5, 2700.1, 2717.8 and 5054,
						  Penal Code; People v. Chhoun (2021) 11 Cal.5th 1; Briggs v. Brown (2017) 3 Cal.5th
						  808; 42 U.S.C.A. Section
						  407; and
						  38 U.S.C.A. Section
						  5301.
Note: Authority cited: Sections
						  5058,
						  5058.3 and
						  1170.05, Penal Code.
						  Reference: Sections
						  1170.05,
						  2085.5 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.