Special Projects Committee
Part 3
III. UNCOLLECTED COURT-IMPOSED FEES AND FINES
BACKGROUND
The 1999-2000 Grand Jury began an investigation into the loss of revenue occasioned by the failure to collect fines and fees assessed to individuals by the San Benito County Superior Court. The Grand Jury assigned the investigation to the Special Project Committee.
METHOD OF REVIEW
Interviews
OBSERVATIONS, FINDINGS AND CONCLUSIONS
For a number of years, San Benito County has not had a procedure for collecting Court imposed fees and fines. This concerned the Grand Jury for two reasons:
| 1. |
When the Court imposes a fine, it is part of a defendant's penalty for breaking a law. By not actively collecting these fines, the county fails not only to enforce the law, but also undermines the authority of the Court.
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| 2. |
Loss of revenue. The amount of uncollected fees and fines is estimated to be well over one million dollars ($1,000,000.). |
In the fall of 1999, the Board of Supervisors approved the hiring of a private collection agency to recover uncollected fees and fines. Soon after, the Deputy County Administrator solicited bids from collection agencies, an agency was chosen, and a contract was negotiated. To date, the contract remains unsigned, with fees and fines yet to be collected. The delay in concluding the contract appears to be caused by the State (the Court) and the county being unable to agree on the percentage of recovered funds each is to receive or the amount they are willing to pay the collection agency.
RECOMMENDATIONS
| 1. |
The Grand Jury recommends that within sixty days of receipt of this report, the Court and 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 as 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.
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| 2. |
The Grand Jury recommends that its investigation of this matter be continued by the 2000 - 2001 Grand
Jury. |
AFFECTED AGENCIES
San Benito County Board of Supervisors
San Benito County Superior Court
San Benito County Administrative Office
RESPONSE REQUIRED
California Penal Code, §923, requires that a response to this final report and its recommendations must be delivered to the presiding judge of the Superior Court within 90 days of receipt of this report.
