Each superior court and county is jointly required to report to the Judicial Council the performance and best practices of the cooperative superior court and county collection program pursuant to Penal Code section 1463.010.
The Collections Reporting Template is an Excel spreadsheet comprising contact and other information as well as program, performance, and annual financial reporting information. For your reference, also provided below are links to instructions for completing the Collections Reporting Template and a glossary of terms used in the template.
How to Report
The Collections Reporting Template is due to the Judicial Council on or before September 1 on an annual basis. The Collections Reporting Template may be sent to the Judicial Council Finance’s Funds and Revenue Unit via email, fax, or U.S. mail (see contact information below). The Annual Financial Report must be signed by the authorized court and county representatives.
Judicial Council of California
Finance, Funds and Revenues Unit
2255 North Ontario Street, Suite 220
Burbank, CA, 91504
In June 2012, the Judicial Council approved revisions to the Guidelines and Standards for Cost Recovery to reflect the amendments to Penal Code section 1463.007, as enacted by Senate Bill 857 (Stats. 2010, ch 720).
Penal Code section 1463.007 provides the standards by which a court or county may recover the costs of operating a comprehensive collection program. Costs may be recovered from the collection of delinquent court-ordered fees, fines, forfeitures, penalties, and assessments before revenues are distributed to another government entity.
The Guidelines and Standards for Cost Recovery assists collection programs in the cost recovery process. The guidelines and standards, the glossary, and the distribution template can be downloaded here.
Assembly Bill 673 (Stats. 2015, ch. 251) amended Penal Code section 1203.9 to, among other things, identify the transferring court as the responsible party for the collection, accounting, and distribution of any court-ordered debt that is unpaid at the time of transfer for intercounty transfers of probation and mandatory supervision cases. Alternatively, with approval of the transferring court, the receiving court may elect to collect the unpaid debt from the defendant with the transferring court still responsible for the accounting and distribution of the court-ordered debt.
The Criminal Law Advisory Committee has proposed amendments to California Rule of Court 4.530 and have been circulated for comment. The amended rule, if approved by the Judicial Council, would include collection, accounting, and distribution requirements for intercounty probation case transfers, effective January 1, 2017. The Judicial Council also adopted the Intercounty Probation Case Transfer Statewide Fiscal Procedures and require court compliance, effective July 1, 2016. For more information and assistance regarding intercounty transfers, please contact us at email@example.com.
Fiscal Procedures, Rule of Court, Statute, and Sample Agreement:
Performance Measures and Benchmarks
Penal Code section 1463.010 requires the Judicial Council to establish performance measures and benchmarks to review the effectiveness of cooperative superior court and county collection programs statewide. The approved Collections Performance Measures and Benchmarks can be downloaded below.
Legislation requires each court and county to report annually to the Judicial Council the extent to which it is following established best practices for its collection programs. The approved Collections Best Practices can be downloaded below.
The following Criteria for a Successful Civil Assessments Program was adopted by the Judicial Council in August 2005, pursuant to Penal Code 1214.1, and is based on the effective practices used by court and county collections programs that have proven successful civil assessment programs.
Government Code sections 25257-25259.95 authorize and establish the eligibility criteria for discharging court-ordered debt. A discharge from accountability may be completed by the responsible collecting entity for the following case types: infractions, misdemeanors, and felonies. For more information and assistance about discharging debt, you may contact the Revenue and Collections Unit at: firstname.lastname@example.org
The following documents are unofficial, sample forms for your reference.
Delinquent debt imposed by a juvenile court may be referred to FTB-COD for collection
Under a recent amendment to Revenue and Taxation Code section 19280 (Sen. Bill 1210 (Stats. 2012, ch.762)), court and county collection programs may now forward to the Franchise Tax Board Court-Ordered Debt (FTB-COD) program for collection, fines, penalties, and other amounts imposed by a juvenile court. The court-ordered debt must be at least $100 and must be delinquent at least 90 days.
Criminal and Traffic Fines Enforceable as Money Judgments Information Sheet
Penal Code section 1214(d), was amended by Senate Bill 857 (Stats. 2010, ch. 720) to clarify that fines, fees, penalties, and assessments imposed in criminal and traffic cases are exempt from the 10-year limitations period applicable to enforcement of civil judgments.
Penal Code section 1463.010 generally addresses the collection of court-ordered debt. The collaboration between courts and counties is essential to the success of the collections effort statewide and requires a written agreement between the parties.
A written court and county collections MOU satisfies the requirement for a cooperative plan, as required by Penal Code section 1463.007, as it outlines the responsibilities of a court and county in implementing Judicial Council collections guidelines, and evidences the collaboration between the court and county.
We recommend that courts consult with the Judicial Council’s Legal Services Office before negotiating and/or executing a court and county collections MOU.
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