|
Special Projects Committee
Part 2
II. UNCOLLECTED COURT-IMPOSED FEES AND FINES BACKGROUND
The 1999/2000 Grand Jury began an investigation into the loss of revenue due to the failure to collect fines and fees assessed to individuals by the San Benito County Superior Court. This loss of revenue was estimated to be well over one million dollars ($1,000,000.00) as of December, 1999. In the fall of 1999, the Deputy County Administrator solicited bids from collection agencies with the approval of the County Board of Supervisors. The County chose a collection agency and a contract was negotiated but not signed. A disagreement between the County and the Court has caused a delay in getting a contract in place. Recovery of that money and its apportionment has not yet been negotiated between the two agencies (County & Court).
The charge of the 2000/2001 Grand Jury was to actively pursue and continue the investigation recommended by the 1999/2000 Grand Jury.
METHOD OF REVIEW
Interviews:
San Benito County Administrative Officer
San Benito County Deputy Administrative Officer
Presiding Judge, Superior Court |
OBSERVATION, FINDINGS AND CONCLUSIONS
Part of the penalty for breaking a law is the fine or fees that the Court imposes. When an individual is fined it is a punishment for breaking a law. By not actively collecting these fines or fees, the Court not only fails to enforce the law, but also undermines its authority. Failure to collect court-imposed fines or fees also deprives the Court and the County of needed revenue.
The lack of collections of these fines or fees is setting an extremely negative precedent, sending the message we don’t care enough to follow-up and make criminals pay for their crimes. Regardless of where the money goes, the people in this community should respect our courts and laws. No action was taken by the County or the Courts in response to the 1999/2000 Grand Jury final report. The non-collection of imposed fines or fees is also undermining the Grand Jury and its final report. The County’s general taxpaying public becomes the loser when revenue is not collected!
Communications between the County and the Courts did not continue on a regular basis after the 1999/2000 Grand Jury's final report. This year’s Grand Jury did get both parties talking again. However to date, no contract has been signed or put into place by either the County or the Courts. Apparently there is still the question as to where the dollars are going to go once they are collected. The County and the Courts each want a percentage of the uncollected fines or fees but have failed to agree on how those funds are to be divided. The Courts have determined that the uncollected fines or fees do not necessarily need to be shared or negotiated with the County. The Courts have, however, been trying to keep a very positive outlook in negotiating with the County and giving them (what the Courts believe to be) a reasonable percentage.
RECOMMENDATIONS
| 1. |
The Grand Jury recommends that within sixty days of receipt of this report, the County conclude the contract with the collection agency at the customary rate. This can easily be determined. Apportionment of funds between agencies can be worked out while money is collected. Regardless of how the recovered money is apportioned after it is collected, it is important that sentences be carried out. Failure to collect court-imposed fees and fines, part of a defendant's sentence, undermines respect for the rule of law and deprives the Court and County of needed revenue.
This recommendation is identical to the one in last year's Grand Jury final report. This year's Grand Jury finds it inexcusable that this issue has not been resolved long
ago. |
| 2. |
The Grand Jury recommends that investigation of this matter be continued by the 2001-2002 Grand Jury. |
AFFECTED AGENCIES
San Benito County Superior Court
San Benito County Board of Supervisors
RESPONSE REQUIRED
California Penal Code s/s 933 requires that a response to this final
report's recommendations be delivered to the presiding judge within 90
days of the receipt of the report.
|
