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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Placer County Grand Jury • 2018-2019

Court-Ordered Debt

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 2 findings

F1 Page 37

The county’s inappropriate inclusion of costs related to non-delinquent debt in its cost of collection for court-ordered debt reduces net collections available for distribution to entitled entities.

F2 Page 37

The 2017 initiation of an annual discharge from accountability process is lowering the total court-ordered debt target towards a more accurate reflection of collectable amounts.

Recommendations 25

R1
Page 37

The county should only claim, as a cost of collection for court-ordered debt, the time the traffic court clerks work on delinquent debt or seek to modify this arrangement with the court per GC §77212 (b).
R2
Page 37

The county should discontinue claiming time spent on setting up and collecting non- delinquent debt via payment schedules as a cost of collections. -
R3
Page 34

Meet the components of a comprehensive collection program as required under Penal Code section 1463.007 in order that the costs of operating the program can be recovered.
R4
Page 34

Complete all data components in the Collections Reporting Template.
R5
Page 34

Reconcile amounts placed in collection to the supporting case management and/or accounting systems.
R6
Page 34

Retain the joint court/county collection reports and supporting documents for at least three years.
R7
Page 34

Take appropriate steps to collect court-ordered debt locally before referring it to the Franchise Tax Board for collection.
R8
Page 34

Participate in the Franchise Tax Board Court-Ordered Debt (COD) collection program.
R9
Page 34

Participate in the Franchise Tax Board Interagency Intercept Collections (IIC) program.
R10
Page 34

Establish a process for handling the discharge of accountability for uncollectible court-ordered debt.
R11
Page 34

Participate in any program that authorizes the Department of Motor Vehicles to suspend or refuse to renew driver’s licenses for individuals with unpaid fees, fines, or penalties.2
R12
Page 34

Conduct trials by written declaration under Vehicle Code section 40903 and, as appropriate in the context of such trials, impose a civil assessment.
R13
Page 34

Implement a civil assessment program and follow the Criteria for a Successful Civil Assessment Program.3
R14
Page 34

Evaluate the effectiveness and efficiency of external collection agencies or companies to which court-ordered debt is referred for collection.
R15
Page 35

Accept payments via credit and debit card. Assembly Bill 103 (Stats. 2017, ch.17) was chaptered June 27, 2017, and limited collections program driver’s license suspension or hold actions to only failures to appear in court. 3 http://www.courts.ca.gov/partners/documents/Rev-Dist-Criteria-for-Successful-Civil-Assessment-Program. -
R16
Page 35

Accept payments via the Internet.
R17
Page 35

Include in a collection program all court-ordered debt and monies owed to the court under a court order.
R18
Page 35

Include financial screening to assess each individual’s ability to pay prior to processing installment payment plans and account receivables.
R19
Page 35

Charge fees as authorized by Penal Code section 1202.4(l).
R20
Page 35

Charge fees as authorized by Penal Code section 1205(e).
R21
Page 35

Use restitution rebate, as authorized by Government Code section 13963(f), to further efforts for the collection of funds owed to the Restitution Fund.
R22
Page 35

Participate in the statewide master agreement for collection services or renegotiate existing contracts, where feasible, to ensure appropriate levels of services are provided at an economical cost.
R23
Page 35

Require private vendors to remit the gross amount collected as agreed and submit invoices for commission fees to the court or county on a monthly basis.
R24
Page 35

Use collection terminology (as established in the glossary, instructions, or other documents approved for use by courts and counties) for the development or enhancement of a collection program.
R25
Page 35

Require private vendors to complete the components of the Collections Reporting Template that corresponds to their collection programs. Additional information regarding best practices, including guidelines and standards, can be obtained on the external collections Web site: http://www2.courtinfo.ca.gov/collections; or by contacting staff of the Funds and Revenues Unit at collections@jud.ca.gov. - REQUEST FOR RESPONSE: Pursuant to Penal Code §933.05, the Placer County Grand Jury requests responses from the following governing body: Mr. Todd Leopold County Executive Officer 175 Fulweiler Avenue Auburn, CA 95603 Recommendations Requiring Response R1, R2 Response Due Date July 30, 2019 Copies sent to: Placer County Board of Supervisors 175 Fulweiler Avenue Auburn, CA 95603