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