SB417 By Senator Marsh RFD Judiciary Rd 1 28-APR-15

SYNOPSIS: Under existing law, a collection fee is added to the total amount of funds due for court-ordered restitution after a matter has been transferred to the district attorney for collection purposes. Under existing law, the total amount of the collection fee is distributed to the district attorney and the circuit clerk before any other distributions to a victim or victims or any other entity are made.

This bill would provide for a pro rata distribution of the total amount collected by the district attorney, the Unified Judicial System, and the circuit clerk for court-ordered restitution and other fines and court costs including the distribution to victims of a pro rata share of any collections.

A BILL TO BE ENTITLED AN ACT

Relating to restitution recovery; to amend Sections 12-17-225, 12-17-225.2, 12-17-225.3, 12-17-225.4, and 12-17-225.7, Code of Alabama 1975, to provide further for the collection of court-ordered restitution, victim compensation assessments, bail bond forfeitures, court costs, fines, and other court-ordered sums payable to the state or to crime victims; to provide for the distribution of court-ordered restitution collected by the district attorney; and require that victims receive a pro rata share of amounts collected.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as The Victim Restitution Fairness Act of 2015.Section 2. Sections 12-17-225, 12-17-225.2, 12-17-225.3, 12-17-225.4, and 12-17-225.7, Code of Alabama 1975, are amended to read as follows:

§12-17-225.

"It is the purpose of this legislation to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by law, fines levied against criminals for wrongful conduct, and other court-ordered sums payable to the state or to the crime victims be paid in full and that cost of collection be borne by the person who is responsible for payment. The Legislature of this state further recognizes that the district attorneys of the various judicial circuits are mandated by law to represent the people of the state, and a strong public policy dictates that restitution, court costs, fines, and other court-ordered sums be enforced within each judicial circuit by the district attorneys in conjunction with the circuit clerks and local courts. The Legislature recognizes that court personnel and the electronic system used to administer the state's judicial system also provide a resource for the collection of court-ordered monies.

§12-17-225.2.

"(a) Once a defendant is 90 days delinquent in making a requisite payment on a court-ordered sum of money which that defendant owes and in addition to other notices already sent to the defendant, the circuit court clerk or the Administrative Office of Courts may send notice to the nonpaying defendant of the defendant's noncompliance and the additional 30 percent collection fee that has been added to the amount owing if that amount is over 90 days delinquent and a warning of the penalty for noncompliance. The circuit court clerk or the Administrative Office of Courts shall send a transmittal to the sentencing court at each notification of the defendant regarding the defendant's noncompliance.

"(b) After sentencing and until the defendant makes full payment of court-ordered monies, the court which sentenced the defendant retains jurisdiction to order the nonpaying defendant to a hearing and may have a nonindigent defendant arrested for failure to pay the amount due and owing pursuant to the sentence or for failure to appear at a court-ordered appointment or hearing. The sentencing court or another judge appointed by appropriate authority may revise the sentence's terms of payment and impose lawful punishment for failure to comply with the sentence for the purpose of ensuring the defendant fully complies with the sentence. Punishment for noncompliance with a sentence ordering payment of court-ordered monies includes all forms recognized by Alabama law for the enforcement of court orders.

"(c) The Administrative Office of Courts, the court, or the circuit court clerk of the court shall notify the district attorney in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims' restitution, or victims' compensation assessments or like payments in any civil or criminal proceeding ordered by the court to be paid to the state or to crime victims have not been paid or are in default and the default has not been vacated. Upon written notification to the district attorney, the restitution recovery division of the office of the district attorney may collect or enforce the collection of any funds that have not been paid or that are in default which, under the direction of the district attorney, are appropriate to be processed. In no event shall the Administrative Office of Courts, a court, or circuit court clerk notify the district attorney in less than 90 days from the date the payments are due to be paid in full.

§12-17-225.3.

"(a) After notification as provided in Section 12-17-225.2 the court-ordered payment becomes 90 days delinquent, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments, including, but not limited to, any of the following: (1) a petition for revocation of probation; (2) a show cause petition for contempt of court; (3) any other civil or criminal proceedings which may be authorized by law or by rule of court. In addition, the district attorney may issue appropriate notices to inform the defendant of the noncompliance of the defendant and a warning of the penalty for noncompliance.

"(b) With or without a district attorney taking steps necessary in order to require compliance with court-ordered payments, the sentencing court or other lawfully appointed judge may take steps necessary to ensure the nonpaying defendant makes payments, including, but not limited to, any of the following: (1) ordering the defendant to appear before the court; (2) ordering the arrest of a nonindigent defendant for failure to pay; (3) ordering the arrest of the defendant for failure to appear at a court hearing regarding the defendant's court-ordered payments; and (4) suspension of driver and other licenses, as allowed by Alabama law.

"(c) With or without the district attorney or court taking steps necessary in order to require compliance with court-ordered payments, the Administrative Office of Courts may use all lawful means to ensure the nonpaying defendant makes payments, including, but not limited to, any of the following: (1) sending notice to the nonpaying defendant of the delinquency and, if the delinquency is over 90 days in duration, the additional 30 percent collection fee that has been added to the amount the defendant owes; (2) assessing state or federal income tax refunds; (3) sending out notices of noncompliance to defendants and warning of the penalty for noncompliance; and (4) suspension of driver and other licenses, as allowed by Alabama law.

"(d) A nonpaying defendant shall be defined as any defendant who has not made a court-ordered payment within 30 days after it is due and owing, unless the sentencing court's sentencing order allows the defendant to make payments less frequently than monthly. If the sentencing court's order allows payment less frequently than monthly, then the defendant becomes a non-paying defendant upon failure to meet the sentencing order schedule for payment.

§12-17-225.4.

"(a) After a matter has been transferred to a district attorney under Section 12-17-225.2, a court shall assess court-ordered payment becomes 90 days delinquent, there shall be an automatic assessment of a collection fee of 30 percent of the funds due which shall be added to the amount of funds due. Any amount collected pursuant to this division shall be distributed as follows:

"(1) Seventy-five percent of the collection fee Ten and thirty-eight one hundredths percent of the total amount collected shall be distributed pro rata along with victim restitution and other costs to the county district attorney's fund to be expended for lawful purposes for the operation of the office of the district attorney. Funds provided to the district attorney by this division subdivision shall not reduce the amount payable to the district attorney under any local act or general act or reduce or affect the amounts of funding allocated by law to the budget of the district attorney. The funds shall be audited as all other state funds are audited.

"(2) Ten and thirty-eight one hundredths percent of the total amount collected shall be distributed pro rata along with victim restitution and other costs to the State Judicial Administration Fund established by Section 12-19-310 to be expended for the operation of the court system. Funds provided to the State Judicial Administration Fund by this subdivision shall not reduce the amount payable to the court system under any local act or general act or reduce or affect the amounts of funding allocated by law to the budget of the court system. The funds shall be audited as all other state funds are audited.

"(2) (3) Twenty-five percent of the collection fee Two and thirty-one one hundredths percent of the total amount collected shall be distributed pro rata along with victim restitution and other costs to the circuit clerk's fund which shall be kept and maintained by the circuit clerk in a separate account to be used for the operation of the office of the clerk to include, but not be limited to, equipment purchases, education, and other office related expenses including personnel. Funds retained by the circuit clerk shall not reduce the amount payable to the circuit clerk under any local act or general act or reduce or affect the amounts of funding allocated by the Administrative Office of Courts to the budget of the circuit clerk. The funds shall be audited as all other state funds are audited.

"(4) All other recipients of disbursements of court-ordered funds, including victims, shall receive a pro rata portion of every payment made by a defendant paying the costs.

"The Legislature may, by local law, adjust the distribution in this section.

"The remainder of the fees, fines, penalties, charges, court costs, and bail bond forfeitures after the deduction for collection shall be disbursed as provided by law on a monthly basis.

"(3) (b) This division section shall not affect the right of the office of the district attorney to proceed with the prosecution of any violation as currently provided by law.

§12-17-225.7.

"Any district attorney and the Administrative Office of Courts in this state shall be allowed to may contract with a private collection agency under the same terms and conditions as set forth in this division to pursue court ordered payments due and owing in that district attorney's jurisdiction. The Administrative Office of Courts may contract with a private collection agency to pursue court-ordered payments due and owing throughout the state."

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Court Costs

Restitution

Courts

Court, Circuit

Court, District

District Attorneys

Administrative Office of Courts

Code Amended