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Collections Resources

 

Reporting 

Effective June 2017, Government Code section 68514 requires the court and county collections programs to submit collections information in addition to the reporting requirement under Penal Code section 1463.010.

On October 8, 2019, the Governor signed Assembly Bill 1818, consolidating reporting to one comprehensive report due annually to the Legislature and the Department of Finance, by December 31. As a result, the court and county collections programs are required to jointly submit to the Judicial Council one Collections Reporting Template (CRT) annually, by September 1. To clarify, the bill did not change the level or type of information that must be reported; the CRT must include all data elements required in GC 68514 and PC 1463.010.

The CRT is an Excel workbook comprised of various sheets designed to capture collections information as mandated. Provided below are links to the CRT, Instructions, and Glossary for FY 2022-23

PowerPoint presentation, sample workbook, and video for the training and information session on how to complete the 2022-23 CRT:  


The recorded training sessions below are provided for court and county staff in preparation for the completion of the Collection Reporting Template (CRT), due September 1 annually. 

How to Report

To expedite the review and approval process, please e-mail unsigned copy of the CRT workbook by September 1. Once signed, the CRT can be mailed to Budget Services, Funds and Revenues Unit (see contact information below).

If you have any questions or need assistance with completing the CRT please contact us.

Contact:

Judicial Council of California
Budget Services, Funds and Revenues Unit
2850 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
collections@jud.ca.gov

Cost Recovery

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.

Available Resources

Intercounty Case Transfers

Assembly Bill 673 (Stats. 2015, ch. 251) amended Penal Code section 1203.9 to 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.

As required by AB 673, the Judicial Council approved the Intercounty Probation Case Transfer Statewide Fiscal Procedures (Procedures) and adopted California Rule of Court 4.530 to implement the collection, accounting, and distribution requirements for intercounty probation case transfers. On October 28, 2016, the council approved clarifying revisions to Section 3, “The Order for Transfer” (page 2), of the Procedures.  

Assembly Bill 177 (Stats. 2021, ch. 257) amended Penal Code section 1203.9 to eliminate a receiving court or county authority to impose additional local fees or collect any remaining unpaid balance, effective January 1, 2022. The Procedures below reflect the latest statutory changes.

For more information and assistance regarding intercounty transfers, please send inquiries to Budget Services, Funds and Revenues Unit at collections@jud.ca.gov. Judicial Council staff will respond to inquiries within 48 hours. 

Available Resources

Fiscal Procedures, Rule of Court, Statute, and Sample Agreement:

Contacts:

Other Forms:

 

Performance Metrics and Collections Best Practices

Performance Metrics

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 new performance metrics adopted in 2022 are available below, as well as two videos with detailed explanation of the metrics and how to interpret them.

Performance Measures and Benchmarks

Performance Metrics Explained (Video)

Interpreting Performance Metrics (Video)

Best Practices

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.

Collections Best Practices

ASSEMBLY BILL 199: CIVIL ASSESSMENTS 

The Judicial Council repealed the Criteria for a Successful Civil Assessment Program (2005), effective July 15, 2022. Also, Assembly Bill 199 (Stats. 2022, ch. 57), made changes to the imposition of civil assessments, by amending Penal Code section 1214.1. Such changes are address in the AB 199 Frequently Asked Questions (PDF).  Any questions related to AB 199 or civil assessments may be submitted to collections@jud.ca.gov

Discharge from Accountability

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: collections@jud.ca.gov

The following documents are unofficial, sample forms for your reference.

Impact of Bankruptcy Filing on Court-Ordered Debt

The impact of bankruptcy (under Chapter 7, 11, and 13) filing on court-ordered debt collection must be evaluated on a case-by-case basis as they arise. A bankruptcy expert and/or individualized scrutiny may be needed to advise courts on specific issues.

The Appendix below provides generalized guidance of the impact of bankruptcy on court-ordered debt. It is important to note that each case must be evaluated on an individual basis to ensure that these general guidelines apply.

Enforcement of Civil Money Judgements

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.

Memorandum of Understanding (MOU)

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.

Statewide Master Vendor Agreements for Collection Services

The Judicial Council of California has awarded statewide master vendor agreement for collection services. The list of approved collection vendors, contact information, and master agreements for use by courts and counties are linked below.

 

Legislative Reports

Fiscal Year 2020-2021

Fiscal Year 2019-2020

Fiscal Year 2018-2019

Fiscal Year 2017-2018

Fiscal Year 2016-2017

Fiscal Year 2015-2016

Fiscal Year 2014-2015

Fiscal Year 2013-2014

Fiscal Year 2012-2013

Fiscal Year 2011-2012

Fiscal Year 2010-2011

Fiscal Year 2009-2010

Fiscal Year 2008-2009