SB 33

This bill prohibits the Department of Corrections from collecting supervision

fees from an individual who is or was previously on probation, parole, or supervised

release until all restitution owed by that individual has been paid. Under current

law, DOC may not collect supervision fees from an individual who owes restitution

debt while that person is on probation, parole, or supervised release, but current law

is silent as to whether supervision fees may be collected once that individual is no

longer on probation, parole, or supervised release if a civil judgment has been entered

for that individual's restitution debt.

This bill also directs the director of state courts to ensure that the court system

website organizes restitution debt by the individual who owes restitution, not by the

case in which restitution is owed, and that it apportions all payments made by an

individual across all victims to whom he or she owes restitution. Currently, the court

system website organizes restitution debt by the case in which restitution debt is

owed, which allows an individual making a payment through the website to select

which case to pay restitution towards.

This bill changes the statute of limitations for a civil action to enforce a

restitution order so that such an action may be filed at any time. Under current law,

a civil action to enforce a restitution order must be filed within 20 years.

The bill requires that DOC or clerks of courts certify outstanding restitution

debt to the Department of Revenue unless the victim requests that the debt not be

certified. Under current law, clerks of courts may certify restitution debt but are not

required to do so. This bill also requires DOR to begin collection efforts at the time

of certification. Under current law, there is no required time frame in which DOR

must begin collection efforts. The bill also requires DOR to apply collected amounts

to outstanding child support and restitution debt before any other debt.