Texas Judicial Council Amended Collection …

1 OFFICE ofCOURT ADMINISTRATIONT exas Judicial Council Amended Collection improvement Program RulesEffective January 1, 2017 Cynthia MontesOffice of court AdministrationGovernmental Collectors Association of TexasMay 10, 2017 OFFICE ofCOURT ADMINISTRATIONOCA Mission Texas Government Code Chapter 72 OCA is a state agency that operates under the direction and supervision of the Supreme court and the Chief Justice. OCA s mission is to provide resources and information for the efficient administration of the Judicial Branch of Te x a s . OFFICE ofCOURT ADMINISTRATIONR esearch and court Services DivisionProvide technical assistance, training, research, and supporton issues related to: court management Collection and use of court statistics language access services defendant compliance with legal financial obligations domestic violence Judicial Council committee activitiesOFFICE ofCOURT ADMINISTRATIONThe Collection improvement Program (CIP) Created by the Legislature in 2005 Authorized in the Code of Criminal Procedure Art.

2 Requires certain counties and cities to develop and implement a program must consist of a component that conforms with a model developed by OCA and designed to improve in-house collections through application of best practices and a component designed to improve the Collection of balances for eligible cases more than 60 days past due Program operationalized through rules promulgated by the Texas Judicial Council , in the Texas Administrative Code Ch. 175 OFFICE ofCOURT ADMINISTRATIONWhy the Changes? Chief Justice Nathan Hecht charged OCA with reviewing the rules Lawsuits alleging unconstitutional practices filed in Texas (and elsewhere)

3 Low reported use of alternatives and waiver, high reported use of jail credits to satisfy legal financial obligations in Texas Work of the CCJ/COSCA Joint Task Force on Fines, Fees and Bail PracticesOFFICE ofCOURT ADMINISTRATIONO rientation of Rule Changes The primary goal of the amendments is to provide procedures that will help defendants comply with court ordered costs, fines and fees without imposing undue hardship on defendants and their dependents. - OCA s Annual Report of the Judicial Support Agencies, Boards and Commissions (2016) The proposed rules were drafted to ensure the enforcement of a defendant s compliance with the payment of court costs, fees, and fines while simultaneously ensuring that local programs engage the judiciary in situations in which a defendant may not have the ability to pay the assessed court costs, fees, and fines without undue hardship.

4 -Preamble to the New rules (2016)OFFICE ofCOURT ADMINISTRATIONP resentation RoadmapScope of CIPD efinitionsApplication & Contact InformationPayment PlansScenariosPhone Contact & Written NoticesReportingOFFICE ofCOURT ADMINISTRATIONP resentation RoadmapScope of CIPD efinitionsApplication & Contact InformationPayment PlansScenariosPhone Contact & Written NoticesReportingOFFICE ofCOURT ADMINISTRATIONC ollection improvement Program ScopeApplies to criminal cases in which the defendant is ordered to pay costs, fees, and fines under a payment plan means a schedule of one or more payment(s) to be made at designated interval(s) by the defendant who does not pay all costs, fees, and fines at the time they are assessed and payment is requested.

5 No changeOFFICE ofCOURT ADMINISTRATIONDoes not apply to cases in which: the court has waived all court costs, fees, and fines; the court authorizes discharge of the costs, fees, and fines through non-monetary compliance options; the defendant has been placed on deferred disposition or has elected to take a driving safety course; or the defendant is incarcerated, unless the defendant is released and payment is changeOFFICE ofCOURT ADMINISTRATIONDoes not alter a judge's legal authority or discretion: to design payment plans of any amount or length of time; to convert costs, fees, and fines into community service or other non-monetary compliance options as prescribed by law; to waive costs, fees, and fines; to reduce the total amount a defendant owes at any time.

6 Or to adjudicate a case for non-compliance at any changeOFFICE ofCOURT ADMINISTRATIONP resentation RoadmapScope of CIPD efinitionsApplication & Contact InformationPayment PlansScenariosPhone Contact & Written NoticesReportingOFFICE ofCOURT ADMINISTRATIOND efinition: Judge-Set Payment Plan For purposes of the Collection improvement Program rules , a payment plan set by a judge, commonly referred to as a judge set plan, is one that is ordered or approved by a judge after the judge has considered a defendant s individualcase. OFFICE ofCOURT ADMINISTRATIONJ udge-Set Payment Plan (continued)The judge s review can be done either when a defendant appears before the judge or when local program or court staff provide the judge information regarding a specificdefendant prior to setting up a payment plan for the defendant.

7 OFFICE ofCOURT ADMINISTRATIOND efinition: Standard Payment PlanFor purposes of the Collection improvement Program rules , a standard payment plan is one that is adopted by a judge that has pre-established payment amounts or ranges of amounts, and a pre-established number of payments or a range of number of payments that can be offered by local program or court staff to defendants who are offered a payment plan. OFFICE ofCOURT ADMINISTRATIONS tandard Payment Plan (continued)This plan is notconsidered a judge set plan because the pre-established payment amount(s) and term(s)

8 , although adopted by a judge, are notadopted for an ofCOURT ADMINISTRATIONO ther DefinitionsPayment ability information means the defendant's household income, expenses, account balances in financial institutions, debt balances and payment amounts, number of dependents, and any other information local program staff require to establish a payment plan that the defendant can successfully make without undue hardship to the defendant or the defendant's income means the defendant's income and the defendant's spouse's income that is available to the means the person to whom the defendant is married.

9 Including a person who is a party to an informal ofCOURT ADMINISTRATIONP resentation RoadmapScope of CIPD efinitionsApplication & Contact InformationPayment PlansScenariosPhone Contact & Written NoticesReportingOFFICE ofCOURT ADMINISTRATIONA pplication Essentials Contact Information Name Home address Home phone number or primary contact phone number Email address Two personal contact names with phone number/mailing address/email) Signature/Acknowledgement & DateOFFICE ofCOURT ADMINISTRATIONA pplication Essentials Payment Ability Information Attending High School Receiving Public Assistance (list 6A types) SNAP(food stamps) TA N F WIC Medicaid Child Health Plan Number of Dependents Household (Defendant & Spouse)

10 Income Salary Other Income Expenses Account balances in financial institutions Checking Savings Debt balances and payment amountsOFFICE ofCOURT ADMINISTRATIONA pplication & Contact InformationIf payment plan is set by the judge, only contact information is required and must be documented. programs may use a single form for both the application and contact information. The required information must be obtained within one month of the assessment : Cases in which the defendant has agreed to a standardpayment plan (under new Sec. (a)(7)(A)) only provide contact information like those with payment plans set by the (a)(3)OFFICE ofCOURT ADMINISTRATIONE xceptions to Defendant Communications RulesRevised: An attempt to obtain an application or contact information described in (a)(3) is made by taking one of the following actions within one week of the assessment date: (1)mailing a notice requesting the defendant contact local program staff to make arrangements to complete an application and provide contact information; (2)mailing an application or contact information form.