Effective March 1, 2010, the California Department of Corrections and Rehabilitation (CDCR) began submitting all unpaid victim direct orders of restitution owed by persons who are, or have been, under CDCR's jurisdiction to the California State Franchise Tax Board (FTB) for collection. The exception is persons who are currently inmates at a state prison, from whom restitution is collected only through CDCR's wage and deposit garnishment process.
For parolees and discharged offenders, the FTB works as a collection agent for CDCR, collecting the restitution through its Court-Ordered Debt Unit. Cities, counties, and other state agencies also use FTB's Court-Ordered Debt Unit. The procedures used by FTB to collect these debts are identical to those used with ordinary taxpayers who owe a tax debt. FTB sends a notice letter advising the debtor to contact FTB and set up a payment plan. Debtors who do not contact FTB are then subject to wage garnishment, bank account seizures, and other forms of collection.
No victim information is shared with the FTB, only offender information. FTB collects the restitution and sends the money to CDCR. CDCR (allocates?) the collection to the appropriate victim and sends the money and victim information to the California Victim Compensation and Government Claims Board’s Victim Compensation Program, the agency responsible for sending the money to the victim. The FTB collection process continues until the victim is paid in full.
FTB will pursue collection no matter how long it takes until the restitution is paid. There is no time limit. Further, offenders in bankruptcy cannot discharge their victim restitution obligation.
Contact Information for Offenders
If you have been contacted by the FTB and would like to set up a payment plan, the FTB payment plan phone number is (916) 845-4064. Disputes regarding the amount or the restitution itself are not dealt with by the FTB. Such calls should go to CDCR Office of Victim and Survivor Rights and Services’ Restitution Unit at,1-(877) 256-6877 (toll free).