Court-Ordered Debt Task Force

Purpose:
Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition and distribution of the revenue derived from the debts with the goal of improving the process for those entities that benefit from the revenues.

Date Established: February 2011

Court-Ordered Debt Task Force Meeting

Date: Thursday, October 23, 2014
Time: 10:30 a.m. – 4:30 p.m.
Location: Administrative Office of the Courts, 2860 Gateway Oaks, Sacramento, CA 95833
Call-In Number: Pending/to be received

The 22-member task force is comprised of legislative staff, county and city representatives, superior court judges, members of the legal community, executive branch department heads, and advisory staff from the Administrative Office of the Courts and reports directly to the Judicial Council and the Legislature. Members are set forth as mandated by Penal Code section 1463.02 with no set membership term expiration other than those aligned with serving in the Legislature.

Download the committee roster.

  • Hon. Mary Ann O'Malley, Superior Court of Contra Costa County (Chair)
  • Hon. David S. Wesley, Superior Court of Los Angeles County (Vice Chair)
  • Hon. Richard Couzens (Ret.) (Advisory Member), Superior Court of Placer County
  • Melissa Fowler-Bradley, CEO, Superior Court of Shasta County
  • David H. Yamasaki, CEO, Superior Court of Santa Clara County
  • Jody Patel, Chief of Staff, AOC
  • Curt Soderlund, Chief Administrative Officer, AOC
  • Jim Saco, Budget Director, County of San Mateo
  • VACANT position to be appointed by the California State Association of Counties
  • Greg Larson, City Manager, City of Los Gatos
  • Darren Hernandez, Deputy City Manager, City of Santa Clarita
  • Lakia Beavers, State Controller's Office
  • Michelle Frazier, Senior Program Manager, COD Collection Program, Franchise Tax Board
  • Wayne Strumpfer, General Counsel, Victim Compensation and Government Claims Board
  • VACANT position to be appointed by the Department of Corrections and Rehabilitation
  • Amy Jarvis, Assistant Program Budget Manager, Department of Finance
  • Rob Bonta, Assemblymember
  • Jeffrey Price, Esq.
  • Robin Lipetzky, Public Defender, Contra Costa County
  • Jennifer Handzlik, Deputy City Attorney
  • Stephen a. Munkelt, Defense Attorney
  • VACANT position to be appointed by the Senate Committee on Rules


Priorities Subcommittee

  • California Victim Compensation and Government Claims Board
  • California State Association of Counties
  • League of California Cities
  • Department of Finance
  • State Controller’s Office
  • California Department of Motor Vehicles
  • Superior Court of Shasta County Court Executive Officer
  • Superior Court of Santa Clara County Court Executive Officer

Collections Subcommittee

  • California Victim Compensation and Government Claims Board
  • California State Association of Counties
  • League of California Cities
  • Franchise Tax Board
  • California Department of Corrections and Rehabilitation
  • District Attorneys Association
  • Public Defenders Association
  • California Department of Motor Vehicles
  • Administrative Office of the Courts’ Enhanced Collections Program
  • Superior Court of Shasta County Court Executive Officer
  • Superior Court of Santa Clara County Court Executive Officer

Penal Code Section 1463.02
Court-Ordered Debt Task Force

1463.02. (a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult and juvenile offenders. The task force shall be comprised of the following members:

(1) Two members appointed by the California State Association of Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation and Government Claims Board.
(7) One member appointed by the Department of Corrections and Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(10) A county public defender and a city attorney appointed by the Speaker of the Assembly.
(11) A defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules.
(b) The Judicial Council shall designate a chairperson for the task force. The task force shall, among other duties, do all of the following:
(1) Identify all criminal and traffic-related court-ordered fees, fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts and the expenditures made by those entities that benefit from the revenues.
(3) Consult with state and local entities that would be affected by a simplification and consolidation of criminal and traffic-related court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition of criminal and traffic-related court-ordered debts and the distribution of the revenue derived from those debts with the goal of improving the process for those entities that benefit from the revenues, and recommendations, if any, for adjustment to the court-ordered debts.
(c) The task force also shall document recent annual revenues from the various penalty assessments and surcharges and, to the extent feasible, evaluate the extent to which the amount of each penalty assessment and surcharge impacts total annual revenues, imposition of criminal sentences, and the actual amounts assessed.
(d) The task force also shall evaluate and make recommendations to the Judicial Council and the Legislature on or before June 30, 2011, regarding the priority in which court-ordered debts should be satisfied and the use of comprehensive collection programs authorized pursuant to Section 1463.007, including associated cost-recovery practices.

 

COURT-ORDERED DEBT TASK FORCE
Chronology as of April 2013

Court-Ordered Debt Task Force established by the Judicial Council

February 2011

Expenditure Survey: Surveyed county and court representatives requesting revenue and expenditure information as it pertained to criminal and traffic-related fines and fees in conjunction with Penal Code Section 1463.02

March 2011

Established the Priorities Subcommittee lead by Judge Couzens to examine current county practices with respect to priorities and rankings of distributions and report their findings to the Task Force as one way to meet the Task Force goal to "evaluate and make recommendations to the Judicial Council regarding the priority in which court-ordered debts should be satisfied."

March 2011

Established the Collections Subcommittee lead by Judge Wesley to ascertain what information is already available through Enhanced Collections and what would be needed going forward as part of the Task Force goal to "evaluate and make recommendations regarding the use of comprehensive collection programs authorized by Penal Code section 1463.007."

March 2011

Task force finalizes goals to be presented to the Judicial Council and Legislature

May 2011

Submission of mandated Legislative Report (Penal Code §1463.02)

June 2011

Established the Data Collection Working Group to focus the survey efforts even further after the Expenditure Survey results were analyzed and were found to lack uniformity and structure

September 2011

Special Fund Expenditure Survey: Distributed a revised survey instrument that excluded the General Fund and instead focused on 2008–2009 and 2009–2010 fiscal year "special fund" expenditures

January 2012

Wobblette Survey: Distributed to capture the frequency and type of wobblettes utilized in each jurisdiction for the 2008-2009 and 2009-2010 fiscal years

March 2012

AOC staff continues to collect, compile, and analyze all survey information

April–May 2012

AOC staff perform survey analysis and conclude a lack of uniformity in revenue distribution activities in counties/courts statewide

June–July 2013

AOC and SCO partner to reconcile Appendix C

August 2012

AOC and SCO begin discussions toward the development of an enhanced training program for county/court staff who participate in revenue distribution activities to promote a common approach

September 2012

AOC and SCO partner to deliver statewide revenue distribution training to county, court, city, and parking entity staff

March 2013


Contact Information

Trial Court Administrative Services
Administrative Office of the Courts
Email:  CODTF@jud.ca.gov

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