Section 3097 - Incarcerated Person Restitution Fine and Direct Order Collections(a) When an incarcerated person 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 incarcerated person'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 incarcerated person 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 incarcerated person'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 incarcerated person as a result of a claim for lost or damaged property, or money reimbursed to an incarcerated person 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 incarcerated persons, 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 incarcerated person 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 incarcerated person'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 incarcerated person shall be credited for the amount deducted against the amount owing on the fine.(d) When an incarcerated person 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 incarcerated or supervised persons who owe restitution while the incarcerated person 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 incarcerated persons 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 incarcerated persons in the Community Participant 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 incarcerated person as a result of a claim for lost or damaged property, or money reimbursed to an incarcerated person 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. 07/24), 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 incarcerated person'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 incarcerated person's trust account can be used to pay for a family visit or a Temporary Community Leave. Upon the incarcerated person'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 incarcerated person 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. 07/24), shall have a permanent hold placed on them in the incarcerated person's trust account for a future family visit or until the incarcerated person is released on parole. Should the incarcerated person transfer to another institution, the hold shall be removed, the funds deposited into the incarcerated person'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.Cal. Code Regs. Tit. 15, § 3097
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.
1. New section filed 9-16-92 as an emergency; operative 9-16-92 (Register 92, No. 38). A Certificate of Compliance must be transmitted to OAL 1-14-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-16-92 order transmitted to OAL 12-24-92 and filed 2-8-93 (Register 93, No. 7).
3. Amendment of section filed 10-17-95 as an emergency pursuant to Penal Code section 5058(e); operative 10-17-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-25-96 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance, including amendment of section, as to 10-17-95 order transmitted to OAL 3-15-96 and filed 4-24-96 (Register 96, No. 17).
5. Editorial correction of subsection (a) (relettered to subsection (b)) (Register 98, No. 9).
6. Amendment of section heading, new subsections (a), (c), and (e), subsection relettering, and amendment of newly designated subsections (b), (d), and (f)-(j) filed 2-26-98 as an emergency pursuant to Penal Code section 5058(e); operative 2-26-98 (Register 98, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-5-98 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section heading, new subsections (a), (c) and (e), subsection relettering, and amendment of newly designated subsections (b), (d) and (f)-(j) refiled 8-11-98 as an emergency pursuant to Penal Code section 5058(e); operative 8-11-98 (Register 98, No. 33). A Certificate of Compliance must be transmitted to OAL by 1-19-99 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-11-98 order, including further amendment of subsections (a) and (b), transmitted to OAL 9-25-98 and filed 11-4-98 (Register 98, No. 45).
9. Amendment of section and Note filed 5-27-2003; operative 7-1-2003 (Register 2003, No. 22).
10. Amendment of section and Note filed 6-18-2004 as an emergency; operative 6-18-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-29-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 6-18-2004 order transmitted to OAL 11-16-2004 and filed 12-30-2004 (Register 2004, No. 53).
12. Amendment of subsection (i) and Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
14. Amendment of subsection (i) and Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
16. Amendment of subsection (i) and Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).
18. Amendment of section and Note filed 1-31-2024; operative 1/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).
19. Change without regulatory effect amending article heading, section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).