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Below are the collections infrastructure provisions that meet your search criteria.
10 Results
State | Statute | Description/Statute Name | Statutory language | |
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California | Cal. Pen. Code § 1205 | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection.(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thirty dollars ($30).
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California | Cal. Pen. Code § 1463.007(b)-(c) | Proceedings in Misdemeanor and Infraction Cases: Deduction and deposit of cost of comprehensive collection program; Minimum amount for inclusion; When debt is delinquent and subject to collection; Conditions |
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program . . . . (c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria: ... (4) The program engages in at least five of the following activities: ... (D) Contracts with one or more private debt collectors to collect delinquent debt.
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California | Cal. Rev. & Tax. Code § 19280 | Referral of certain fines, penalties, bail, forfeitures, and restitution orders to Franchise Tax Board for collection; Interest; Applicability of specified provisions |
Fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by a juvenile or superior court of the State of California upon a person or any other entity that are due and payable in an amount totaling no less than one hundred dollars ($100), in the aggregate, for criminal offenses, including all offenses involving a violation of the Vehicle Code, and any amounts due pursuant to Section 903.1 of the Welfare and Institutions Code may, no sooner than 90 days after payment of that amount becomes delinquent, be referred by the juvenile or superior court, the county, or the state to the Franchise Tax Board for collection under guidelines prescribed by the Franchise Tax Board.
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California | Cal. Pen. Code § 1463.007 | Deduction and deposit of cost of comprehensive collection program; Minimum amount for inclusion; When debt is delinquent and subject to collection; Conditions |
(a) Notwithstanding any other law, a county or court that operates a comprehensive collection program may deduct the costs of operating that program, excluding capital expenditures, from any revenues collected under that program. The costs shall be deducted before any distribution of revenues to other governmental entities required by any other law. A county or court operating a comprehensive collection program may establish a minimum base fee, fine, forfeiture, penalty, or assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program. Debt is delinquent and subject to collection by a comprehensive collection program if any of the following conditions is met: (1) A defendant does not post bail or appear on or before the date on which he or she promised to appear, or any lawful continuance of that date, if that defendant was eligible to post and forfeit bail. (2) A defendant does not pay the amount imposed by the court on or before the date ordered by the court, or any lawful continuance of that date. (3) A defendant has failed to make an installment payment on the date specified by the court. (c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria: (1) The program identifies and collects amounts arising from delinquent court-ordered debt, whether or not a warrant has been issued against the alleged violator. (2) The program complies with the requirements of subdivision (b) of Section 1463.010. (3) The program engages in each of the following activities: (A) Attempts telephone contact with delinquent debtors for whom the program has a telephone number to inform them of their delinquent status and payment options. (B) Notifies delinquent debtors for whom the program has an address in writing of their outstanding obligation within 95 days of delinquency. (C) Generates internal monthly reports to track collections data, such as age of debt and delinquent amounts outstanding. (D) Uses Department of Motor Vehicles information to locate delinquent debtors. (E) Accepts payment of delinquent debt by credit card. (4) The program engages in at least five of the following activities: (A) Sends delinquent debt to the Franchise Tax Board’s Court-Ordered Debt Collections Program. (B) Sends delinquent debt to the Franchise Tax Board’s Interagency Intercept Collections Program. (C) Initiates driver’s license suspension or hold actions when appropriate for a failure to appear in court. (D) Contracts with one or more private debt collectors to collect delinquent debt. (E) Sends monthly bills or account statements to all delinquent debtors. (F) Contracts with local, regional, state, or national skip tracing or locator resources or services to locate delinquent debtors. (G) Coordinates with the probation department to locate debtors who may be on formal or informal probation. (H) Uses Employment Development Department employment and wage information to collect delinquent debt. (I) Establishes wage and bank account garnishments where appropriate. (J) Places liens on real property owned by delinquent debtors when appropriate. (K) Uses an automated dialer or automatic call distribution system to manage telephone calls. |
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Florida | Fla. Stat. §775.089(10)(a) | Definitions; General Penalties; Registration of Criminals: Restitution |
Any default in payment of restitution may be collected by any means authorized by law for enforcement of a judgment. |
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Florida | Fla. Stat. §775.089(11)(b) | Definitions; General Penalties; Registration of Criminals: Restitution |
The court may order the Department of Corrections to collect and dispense restitution and other payments from persons remanded to its custody or supervision. |
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Florida | Fla. Stat. §946.512 | Inmate compensation plan |
The corporation shall establish a compensation plan that provides for a specific amount to be paid to the department to be credited to an account for an inmate performing labor and a portion to be used to make any court-ordered payments, including restitution to the victim, and a specific amount to be paid to the Prison Industries Trust Fund to be used as provided in s. 946.522. Such funds, excluding victim restitution payments, court-ordered payments, and the amount credited to the account of the inmate, shall be deposited in the Prison Industries Trust Fund to be used as provided in s. 946.522.
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Florida | Fla. Stat. §951.032 | Financial responsibility for medical expenses |
(1) A county detention facility or municipal detention facility incurring expenses for providing medical care, treatment, hospitalization, or transportation may seek reimbursement for the expenses incurred in the following order: (a) From the prisoner or person receiving medical care, treatment, hospitalization, or transportation by deducting the cost from the prisoner’s cash account on deposit with the detention facility. If the prisoner’s cash account does not contain sufficient funds to cover medical care, treatment, hospitalization, or transportation, then the detention facility may place a lien against the prisoner’s cash account or other personal property, to provide payment in the event sufficient funds become available at a later time. Any existing lien may be carried over to future incarceration of the same prisoner as long as the future incarceration takes place within the county originating the lien and the future incarceration takes place within 3 years of the date the lien was placed against the prisoner’s account or other personal property.
(b) From an insurance company, health care corporation, or other source if the prisoner or person is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses. (2) A prisoner who receives medical care, treatment, hospitalization, or transportation shall cooperate with the county detention facility or municipal detention facility in seeking reimbursement under paragraphs(1)(a) and (b) for expenses incurred by the facility for the prisoner. A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may have a lien placed against the prisoner’s cash account or other personal property and may not receive gain-time as provided by s. 951.21.
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Florida | Fla. Stat. §951.033 | Income and assets; payment of subsistence costs |
(1) The Legislature finds that there is an urgent need to alleviate the increasing financial burdens on local subdivisions of the state caused by the expenses of incarcerating prisoners. In addition to a prisoner’s cash account on deposit in local detention facilities, many prisoners have sources of income and assets outside of the facility, which may include bank accounts, inheritances, real estate, social security payments, veteran’s payments, and other types of financial resources.
(2) The local detention facility shall determine the financial status of prisoners for the purpose of paying from their income and assets all or a fair portion of their daily subsistence costs. In determining the financial status of prisoners, any income exempt by state or federal law shall be excluded. Consideration shall be given to the prisoner’s ability to pay, the liability or potential liability of the prisoner to the victim or guardian or the estate of the victim, and his or her dependents. (3) The chief correctional officer of a local subdivision may direct a prisoner to pay for all or a fair portion of daily subsistence costs. A prisoner is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment. (4) An order from the chief correctional officer directing payment of all or a fair portion of a prisoner’s daily subsistence costs may survive against the estate of the sentenced prisoner. (5) The chief correctional officer may seek payment for the prisoner’s subsistence costs from: (a) The prisoner’s cash account on deposit at the facility; or (b) A civil restitution lien on the prisoner’s cash account on deposit at the facility or on other personal property. (6) If the prisoner’s cash account at the local detention facility does not contain sufficient funds to cover subsistence costs, the chief correctional officer may place a civil restitution lien against the prisoner’s cash account or other personal property. A civil restitution lien may continue for a period of 3 years and applies to the cash account of any prisoner who is reincarcerated within the county in which the civil restitution lien was originated. |
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Florida | Fla. Stat. §960.21 | Crimes Compensation Trust Fund |
(1) There is created a special fund, to be known as the “Crimes Compensation Trust Fund,” for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of the department and the payment of claims. The department shall administer the Crimes Compensation Trust Fund.
(2) The moneys placed in the Crimes Compensation Trust Fund shall consist of all moneys appropriated by the Legislature for the purpose of compensating the victims of crime and other claimants under this act, and of moneys recovered on behalf of the department by subrogation or other action, recovered through restitution, received from the Federal Government, received from additional court costs, received from fines, or received from any other public or private source. (3) All administrative costs of this chapter and the service charge provided for in chapter 215 shall be paid out of moneys collected pursuant to this chapter and deposited in the Crimes Compensation Trust Fund. |