Collection Improvement Program

Collection Improvement Program
Office of Court Administration
Texas Office of Court
Administration
• State Agency
• Created in 1977
• Chief Justice - Texas Supreme
Court
• Provides Administrative &
Technical Support
• Serves Approximately 2,700
Courts in the State
• (512) 463-1625
Collection Improvement Program
• Set of Principles and Processes
designed to assist cities and counties
with collecting court costs, fees, and
fines when payment is not made
immediately.
Collection Improvement Program
• Code of Criminal Procedure
- Article 103.0033
• Subsection (h), each county and
municipality shall develop and implement a
program…
Collection Improvement Program
CCP Art. 103.0033
• (d) The program must consist of:
• (1) a component that conforms with a model
developed by the office and designed to
improve in-house collections through
application of best practices; and
Collection Improvement Program
CCP Art. 103.0033
• (d) The program must consist of:
• (2) a component designed to improve collection
of balances more than 60 days past due, which
may be implemented by entering into a contract
with a private attorney or public or private
vendor
Collection Improvement Program
“Best Practices Model”
•
Staff or staff time dedicated to collection activities.
•
Expectation that all court costs, fees, and fines are
generally due at the time of assessment (sentencing or
judgment imposed date.)
•
Defendants unable to pay in full on the day of sentencing
or pleading are required to complete an application for
extension of time to pay.
•
Application information is verified and evaluated to
establish an appropriate payment plan for the defendant.
Collection Improvement Program
“Best Practices Model”
•
Payment terms are usually strict.
•
Alternative enforcement options (e.g., community service)
are available for those who do not qualify for a payment
plan.
•
Defendants are closely monitored for compliance and
action is taken promptly for non-compliance.
–
–
–
Telephone contact and letter notification when a payment is missed
Possible issuance of a warrant for continued non-compliance; and
Possible application of statutorily permitted collection remedies,
such as non-renewal of driver’s license or vehicle registration
Collection Improvement Program
“Best Practices Model”
TEXAS ADMINISTRATIVE CODE
CHAPTER 175. COLLECTION IMPROVEMENT PROGRAM
§175.1 Source, Purpose and Scope
(a) The source of this chapter is Article 103.0033 of the Code of
Criminal Procedure.
Program Rules
Collection Improvement Program
“Program Rules”
(Title1 Part 8 Chapter 175 Texas Administrative Code)
• 11 Critical Program Components
• 2 Parts
-Program Operation
- Defendant Communication
Program Rules
Collection Improvement Program
“Program Operation”
TAC 175.3(b)(1-3)
• (1) Dedicated Court/Program Staff
Written or Oral Job Description
90% participation of all courts or 1 court exemption
• (2) Payment Plan Compliance Monitor
Assignment to In-house staff
Job description - Tickler System
• (3) Seriously Delinquent Cases
• (4) Proper Reporting
-Via OCA
-Annual Info due 60th day following end of local FY
-Expenditures must be reported
Program Rules
Collection Improvement Program
“Defendant Communication”
TAC 175.3(c)(1-7)
• (5) Application or Contact Information
Judicial Plans- Contact Info Only
All Other Plans- Contact & Ability Info
Completed within 1 month
(Exception: Waived for documented effort in certain cases.)
• (6) Verification of Contact Information
Within 5 days (Next Biz Day Rule)
• (7) Interviews of Applicants
Within 14 days
Documented via date and name of interviewer
Program Rules
Collection Improvement Program
“Defendant Communication”
TAC 175.3(c)(1-7)
• (8) Specific Payment Terms
Documentation (docket, written, electronic, other.)
Payment Guidelines (Strict but considerate of ability)
Time Requirements (superseded by judicial discretion)
-Municipal & Justice – 120 days
- Co. & District with CS – CS Term less 2 months
- Co. & District w/o CS or incarceration – 180 day
(Exceptions: judicial discretion, noted ability problems, multiple cases.)
• (9) Telephone Contact for Past-Due Payments
Within 1 month
Documented
Program Rules
Collection Improvement Program
“Defendant Communication”
TAC 175.3(c)(1-7)
• (10) Mail Contact for Past-Due Payments
Within 1 month
Documented
• (11) Contact if Capias Pro Fine Sought
Mail or Phone Contact
Within 1 month of last effort
Documented
Program Rules
Collection Improvement Program
• Defendant Communication Compliance
– 80% of eligible cases are in compliance
– Partial Compliance – 50%-79% of eligible
cases are in compliance
• To be compliant overall
– No component less than 50%
– No more than 1 component 50% - 79%
– All other components must be 80%+
Program Rules
Failure of Compliance Audit
• Loss of 10% Service Fee
• Loss of Time Payment Fee
Cynthia Montes- North Region ([email protected])
Lee Keeton- Houston Region ([email protected])
Chad Graff- East Region ([email protected])
Daphne Webber - Central Region ([email protected])
Aaron Castillo- South Region ([email protected])
Berny Schiff- Austin H.Q. ([email protected])
Jim Lehman- Collections Program Mgr. ([email protected])
Office of Court Administration
TELE:(512)463.1625
www.courts.state.tx.us/oca