View Full Version : Cal inmate garnishments??


kmeg
09-20-2002, 09:11 PM
Ok, I found a sit that stated that 22% of the $ deposited into an inmates account is deducted for restitutuion. It also states that that is only taken from deposits. Does that include money that I may send to him to be put on his books? It also says something about nothing being taken out of the balance of the account. So does that mean if I build up his account now (while he is in ohio) that they can't deduct any of that money when he is extradited? If I've confused you let me know and I will get it word for word from the document.
Thanks!! KMEG

Kathy
09-20-2002, 10:32 PM
Meg,

From my experiance with my son's account or books, if I send him money, they deduct 20% from the amount to go to the restitution fund. But, I have just found out that at his sentencing the court reporter's transcript has the amount at $200.00 instead of $2,000.00 which was written on his out take papers. So far it is half paid off! I need to get to the court house and have a copy of this document certified and sent to my son's prison! They owe me $1,000.00

I hope this helps! I do not know about OHIO! I'm in Calif!

After re-reading your note, I sure wouldn't build up his account in Calif. if he is in Ohio! Commen Sense would lead me to believe they will take the 22% while he is in Ohio!

Good Luck
Kathy
PLEASE HELP BY SIGNING MY SON's PETITION
[http://gopetition.com/info.php?petid=1370]

loosielucy
09-21-2002, 12:05 AM
Kmeg....

When my son was transferred from county jail to the prison he is presently in they deducted 20-22 percent from his account . An ex- con told me not to send money because of this. Instead he said to send in his quarterly package that he could trade for other things from other prisoners he said to just send him enough money for sodas ......Sending things like stamps, cigs,soup, coffee,shampoo,lotion etc.

He is in a California State Prison.....hope this helps alittle.....God Bless

KConnor56
09-21-2002, 12:25 AM
The standard restitution in Calif is 200.00 but you can have this dropped by the judge, which I have done every time I've done time, so I have never had to deal with this personaly. From my understanding is they can only take it out of money deposited into his trust acct once he gets here, & they don't take it out of what he brings with him. The restitution is taken out of money sent to him & any money he earns from working, if he is lucky enough to get a pay number. The standard deduction is 22%. I'm sure it says the specific details in the Title 15.--------Ken

freedom anjel
10-01-2002, 07:23 PM
Wow! I never knew this! I would rather sneek him in the cash (Shhhh....quiet now!) His may be already paid off though since he's been in for six yrs . and his parents send him money all the time.

Soul SLiver
10-01-2002, 08:47 PM
Maybe this is why my friend won't tell me how much $ he has. I heard about this when he was in county, only I heard it was 10%. I've made sure to send him a letter that says exactly how much I'm sending every time I send him $. He hasn't said that he's getting less than I'm sending...makes me wonder though. I'll see him Saturday and I'll ask about it.

Mrs. H
10-01-2002, 09:08 PM
They do deduct 22% in CA state prison from his books but where we are they do not take it out of the money sent for family visit food (which is money sent for the family visit menu you pay prior to having your family visits but you have to specify that it is for family visit on the money order).

~family visits meaning conjugal visits~
Tamara H

KConnor56
10-01-2002, 09:52 PM
Mrs H your right, they only take it out of deposits into his trust account. They don't touch family visit food money, nor will they touch his gate money.

Freedom, I know you were only kidding, but just for everyones info cash is no good on a yard, & you can pick up a charge for it. I have been told if they want to be pricks they can hit you with attempted escape if you have cash. They say it's preparation for getting out, just like if you had tools to escape with. ------Ken

Soul SLiver
10-02-2002, 06:27 PM
So out of $50, he's getting $39? (I used a calculator, but there's still room for human error on that one).

They won't let him send me a list of canteen items...can anyone give me a rough estimate of what stuff costs from canteen?

Restitution...ok...at his sentencing I heard a number over $2K for his restitution...so, are they only taking 200 for his rest or are they taking it all until they get that over 2K number for his rest? Does that make any sense? Reading it back to myself it doesn't...but I don't know how else to phrase it.

Thanks :)

KConnor56
10-02-2002, 09:48 PM
Nope, the standard 200.00 is a general amount that most prisoners are charged. If the court impossed a higher amount then that has to be paid. 90% of everyone I saw that got this got fined the 200.00. Also Parole Violators don't get charged this fine. Here is what the CDC says about restitution in The Title 15. The Title 15 I have is a few years old, but I don't think it's changed.

"When an inmate owes any part of a restitution fine imposed by a court the director shall deduct 20% from their wages & trust account deposits. An administrative fee that totals 10% of the deduction shall be deducted for reimbursing departmental administrative cost, for a maximum of 22%. The 20% shall be transfered to the state board of Control for deposit in the Crime Victims Restitution Fund in the state treasury. Only 20% shall be credited to the amount owed."

So thats the low down on Restitution. The prisoner gets an accounting of what he owes on restitution, ask them to send you the paper work, & you'll be able to tell what they are acctually being charge restitution for. Not all restitution ordered by the court is collected in this manner. Restitution that is not paid to the victim from this fund will not be collected by the prison.

They can't touch family visit money, temporary community leave money, or gate money.

Here is the best thing, if the prisoner gets sent to a CCF, CCF's don't deduct money for restitution. These are level 1 yards, & some level 2's can get an override to go to one.

I hope this answers some questions