~,a~ 1I vgo9~~o COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Terry Lyle MEETING DATE: November 9, 2009 OFFICE: Court Compliance TIME PREFERRED: 10:30 a.m. SUBJECT: Question and answer session presented by Jim Lehman and Daphne Webber, representatives of the Office of Court Administration (OCA) EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Jim Lehman and Daphne Webber ESTIMATED LENGTH OF PRESENTATION: 30 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Presented to: Kerr County Commissioners Court November 2009 -Kerrville, Texas Collections Improvement Program Office of Court Administration Collections Team Contact information: Jim Lehman Collections Program Manager Office of Court Administration Austin, Texas Jim.lehman@courts.state:tx.us 512 936-0991 Daphne Webber Central Regional Collections Spec. Office of Court Administration Austin, Texas Daphne.Webber@courts.state.tx.us 512 936-7557 Art. 103.0033, Code of Criminal Procedure (S.B. 1863 Collection Improvement Program The 79th Texas Legislature recognized the importance of expanding collections of court-ordered payments, by adding Article 103.0033, Code of Criminal Procedure, to read as follows; Art. 103.0033. COLLECTION IMPROVEMENT PROGRAM. (a) In this article: (1) "Office" means the Office of Court Administration of the Texas Judiciai System. (2) "Program" means the program to improve the co-lection of court costs, fees, and fines imposed in criminal cases, as developed and implemented under this article. (b) This article applies only to: (1) a county with a population of 50,000 or greater; and (2} a municipality with a population of 100,000 or greater. (c) Unless granted a waiver under Subsection (h), each county and municipality shall develop and Imp-ement a program that complies with the prioritized implementation schedule under Subsection (h). A county program must include district, county, and Justice courts. (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 (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 in accordance with Article 103.0031. (e) Not later than June 1 of each year, the office shall identify those counties and municipalities that: (1) have not implemented a program; and (2) are able to implement a program before Aprii 1 of the following year. (f) The comptroller, in cooperation with the office, shall develop a methodology for determining the collection rate of counties and municipalities described by Subsection (e) before implementation of a program. The comptroller shall determine the rate for each county and municipality not later than the first anniversary of the county's or municipality's adoption of a program. (g) The office shall: (1} make available on the office's Internet website requirements for a program; and (2) assist counties and municipalities in implementing a program by providing training and consultation, except that the office may not provide employees for implementation of a program. (h) The office, in consultation with the comptroller, may: (1) use case dispositions, population, revenue data, or other appropriate measures to develop a prioritized implementation schedule for programs; and (2) determine whether it is not cost-effective to implement a program in a county or municipality and grant a waiver to the county or municipality. (i) Each county. and municipality shall at least annually submit to the office and the comptroller a written report that includes updated information regarding the program, as determined by the office in cooperation with the comptroller. The report must be in a form approved by the office in cooperation with the comptroller. (1) use case dispositions, population, revenue data, or other appropriate measures to develop a prioritized implementation schedule for programs; and (2) determine whether it is not cost-effective to implement a program in a county or municipality and grant a waiver to the county or municipality. (j) The comptroller shall periodically audit counties and municipalities to verify information reported under Subsection (i)-and confirm that the county or municipality is conforming with requirements relating to the program. The comptroller shall consult with the office in determining how frequently to conduct audits under this section. SECTION 10.02. Section 133.058, Local Government Code, is amended by adding Subsection (e) to read as follows: (e) A municipality or county may not retain a service fee if, during an audit under Section 133.059 of this code or Article 103.0033(j), Code of Criminal Procedure, the comptroller determines that the municipality or county is not in compliance with Article 103.0033, Code of Criminal Procedure. The municipality or county may continue to retain a service fee under this section on receipt of a written confirmation from the comptroller that the municipality or county is in compliance with Article 103.0033, Code of Criminal Procedure. SECTION 10.03. Section 133.103, Local Government Code, is amended by amending Subsections (b) and (c} and adding Subsection (c-1) to read as follows: (b) Except as provided bxSubsection (c-i ,.the [The] treasurer shall send 50 percent of the fees collected under this section to the comptroller, The comptroller shall deposit the fees received to the credit of the general revenue fund. (c) Except as provided b~Subsection (c-1), the [The] treasurer shall deposit 10 percent of the fees collected under this section in the general fund of the county or municipality far the purpose of improving the efficiency of the administration of justice in the county or municipality. The county or municipality shall .prioritize the needs of the judicial officer who collected the fees when making expenditures under this subsection and use the money deposited to provide for those needs. (c-1) The treasurer shall send 100 percent of the fees collected under this sectian to the comptroller if, during an audit under Section 133.059 of this code or Article 103.0033(j), Code of Criminal Procedure, the comptroller determines that the municipality or county is not in compliance with Article 103,0033, Code of Criminal Procedure. The municipality or county shall continue to dispose of fees as otherwise provided by this section on receipt of a written confirmation from the comptroller that the municipality or county is in compliance with Article 103.0033, Code of Criminal Procedure. SECTION 10.04. (a) Notwithstanding Subsection (e), Article 103.0033, Code of Criminal Procedure, as added by this article, not later than September 1, 2005, the Office of Court Administration of the Texas Judicial System shall identify those counties and municipalities that are able to implement a collection improvement program under Article 103.0033, Code of Criminal Procedure, as added by this article, before April 1, 2006. Beginning June 1, 2006, the Office of Court Administration of the Texas Judicial System shall comply with Subsection (e), Article 103.0033, Code of Criminal Procedure, as added by this article. (b) Not Eater than September 1, 2005, the Office of Court Administration of the Texas Judicial Systerr~ shall make available on the office's Internet website requirements for a program under Article 103.0033, Code of Criminal Procedure, as added by this article, in accordance with Subsection (g) of Article 103.0033. TEXAS ADMINISTRATIVE CODE TITLE 1. ADMINISTRATION PART 8. TEXAS JUDICIAL COUNCIL CHAPTER 175. COLLECTION IMPROVEMENT PROGRAM SUBCHAPTER A. GENERAL COLLECTION IMPROVEMENT PROGRAM PROVISIONS §175.1 Source, Purpose and Scope (a) The source of this chapter is Article 103.0033 of the Code of Criminal Procedure. (b) The purpose of this chapter is to provide notice to counties and municipalities of the scope and components of the OCA Collection Improvement Program and of the audit standards that will be used by the Comptroller of Public Accounts to determine program implementation. (c) The OCA Collection Improvement Program applies to criminal cases in which the defendant agrees to or is required to pay all court costs, fees, and fines under a payment plan rather than when they are assessed and payment is requested. Although the program can be utilized by a judge in virtually every criminal case to effectuate the judge's financial orders, it is not designed to influence the judicial determination of whether to order payment of costs, fees and fines, or otherwise to affect the sentencing or other disposition decision that is within the judge's discretion. The program is simply designed to improve the collection of court costs, fees and fines that have been imposed, while helping defendants satisfy their obligations. The program is not intended to conflict with or undermine the provision to defendants of full procedural and substantive rights under the constitution and laws of this state and of the United States. (d) Although the program focuses on collection of court costs, fees and fines, it should be implemented in the context of local, state and national efforts to develop and apply systemic policy to the competing financial obligations of people in the criminal justice system. §175.2. Deftnitions (a) "Assessment date" is the date on which a defendant becomes obligated to pay court costs, fees and fines. When a defendant remits partial payment of a citation without appearing in person, the assessment date is the date the partial payment was received. (b) "Contact information" means the defendant's home address and home or primary contact telephone number; the defendant's employer's or source of support's name, address and telephone number; at least two personal references, and the date the information is obtained; (c) "Designated counties" are those with a population of 50,000 or greater. (d) "Designated municipalities" are those with a population of 100,000 or greater. (e) "Jurisdiction" means a designated county or designated municipality that is subject to these rules. (f) "OCA" means the Office of Court Administration of the Texas Judicial System. (g) "OCA's program" or "OCA's Collection Improvement Program" or "model program" means the model program developed by OCA to improve the collection of court costs, fees and fines imposed in criminal cases through application of best practices. (h) "Payment ability information" means the defendant's account balances in financial institutions, debt balances and payment amounts, and stated income. (i) "Payment Plan" means a schedule of payment(s) to be paid by a defendant who does not pay all court costs, fees, and fines at the time they are assessed and payment is requested. (j) "Program" or "Local Program" means the collection program implemented by a jurisdiction. x'175.3. OCA's Collection Improvement Program Requirements (a) OCA Program Requirements. OCA's program has 10 critical components. Three critical components relate to the way a local program should be implemented, staffed, and operated. The other seven critical components relate to the way program staff communicates with defendants and documents those communications. In accordance with Article 103.0033(j), the Comptroller will periodically audit counties and municipalities to confirm implementation of the critical components of OCA's program; the audit standards are more fully described in § 175.5 of this chapter. (b) Critical Components for Local Program Operations. (1) Dedicated Program Staff. Each local program must designate at least one employee whose job description contains an essential job function of collection activities. The priority collection job function may be concentrated in one individual employee or distributed among two or more employees. The collection function need not require 40 hours per week of an employee's time, but must be a priority. (2) Pavment Plan Compliance Monitoring. Program staff must monitor defendants' compliance with the terms of their payment plans and document the ongoing monitoring by either an updated payment due list or a manual or electronic tickler system. (3) Proper Re~ortine. The program shall report its collection activity data to OCA at least annually in a format approved by OCA, as described in § 175.4 of this chapter. (c) Critical Components for Defendant Communications (1) Application or Contact Information. For payment plans set by a judge, defendant must provide or acknowledge contact information and program staff must document it. In other cases, defendant must provide a signed or acknowledged application for extended payment that includes both contact information and payment ability information. Programs may use a single form for both contact information and payment ability information, and the required information must be obtained within 30 days of the assessment date. (2) Verification of Contact Information. Within five days of receiving the data, program staff must verify both the home or contact phone number and the employer or source of support, if applicable. Verification may be conducted by reviewing written proof of the contact information, by telephoning the contacts, or by using a verification service. Verification must be documented by identifying the person conducting it and the date. (3) Defendant Interviews. Within 14 days of receiving an application or ajudge-imposed payment plan, program staff must conduct an in-person or telephone interview with the defendant either to review the application and determine an appropriate payment plan or to review the terms of the judge-imposed payment plan. Interviews must be documented by indicating the name of the interviewer and date of the interview. (4) Specified Pavment Terms. (A) Documentation. Payment plans must be documented by notation in the judgment or court order, on a docket sheet, by written or electronic record, or by other means enabling later review. (B) Pavment Guidelines. Payment plans should require the highest payment amounts in the shortest period of time that the defendant can successfully make, considering the amount owed, the defendant's ability to pay, and the defendant's obligations to pay other court-mandated amounts, including child support, victim restitution, and fees for drug testing, rehabilitation programs, or community supervision. (C) Time Requirements. Payment plans set by program staff shall meet the following time requirements: (i) In municipal and justice court cases, full payment within 120 days of the assessment date. (ii) In county and district court cases involving community supervision, full payment at least 60 days before expiration of the term of community supervision. (iii) In county and district court cases not involving community supervision and not involving incarceration, full payment within 180 days of the assessment date. Time requirements for payment plans set by a judge are within judicial discretion. (5) Telephone Contact for Past-Due Payments. Within 30 days of a missed payment, a phone call must be made to a defendant who has not contacted the program staff. Phone calls may be made by an automated system, but an electronic report or manual documentation of the telephone contact must be available on request. (6) Mail Contact for Past-Due Payments. Within 30 days of a missed payment, a written delinquency notice must be sent to a defendant who has not contacted the program. Written notice may be sent by an automated system, but an electronic report or manual documentation of the mail contact must be available on request. (7) Contact if Capias Pro Fine Sousht. If a capias pro fine will be sought, the program must make another phone call or send another written notice to the defendant within 30 days of the written delinquency notice described in § 175.3(c)(6) of this chapter. An electronic report or manual documentation of the contact must be maintained. X175.4. Content and Form of Local Government Reports (a) General Scope. Article 103.0033(1) requires that each program submit a written report to OCA and the Comptroller at least annually that includes updated information regarding the program, with the content and form to be determined by OCA and the Comptroller. (b) Reporting Format and Account Setua. In cooperation with the Comptroller, OCA has implemented a web-based Online Collection Reporting System for the program participants or jurisdictions.to enter information into the system which is accessible by both agencies. For good cause shown by a jurisdiction, OCA may grant a temporary waiver from timely online reporting. Program participants or jurisdictions shall provide OCA with information for the online reporting system to enable OCA to establish the program reporting system account. The information must include the program name, program start date, start-up costs, the type of collection and case management software programs used by the program, the entity to which the program reports (e.g., district clerk's office, sheriff, etc.), the name and title of the person who manages the daily operations of the program, the mail and e-mail addresses and phone and fax numbers of the program, the courts serviced by the program, and contact information for the program staff with access to the system so user identifications and passwords can be assigned. (c) Content and Timin og f Reports. (1) Annual Reports. By the 20`x' day of the month following the anniversary of program implementation, each program or jurisdiction shall report the following information: (A) Number of full-time and part-time collection program employees (B) Total program budget (C) Salary budget for the program (D) Dollar amount of fringe benefits for the program (E) Areas other than court collections for which the program provides services (F) A compilation of 12 months of the monthly reporting information described in paragraph (3) of this subsection, if not reported each month as requested. (2) Additional information may be requested in the annual reports on a voluntary basis. (3) Monthly Reports. By the 20`h day of the following month, each program or jurisdiction is requested to provide the following information regarding the previous month's program activities: (A) Number of cases in which court costs, fees, and fines were assessed (B) For assessed court costs and fees: the dollar amount assessed and collected; the dollar amount of credit given for jail time served; the dollar amount of credit given for community service performed; the dollar amount waived because of indigent status, and the dollar amount waived for reasons other than indigency. (C) For fines: the dollar amount assessed, collected, or waived; the dollar amount of credit given for jail time served; and the dollar amount of credit given for community service performed (D) Aging information consisting of the time span from date of assessment through the date of payment, in 30-day increments up to 120 days, and for more than 120 days. X175.5. Audit Standards (a) Compliance Audits. In accordance with Article 103.0033(j), the comptroller shall periodically audit jurisdictions to confirm compliance with the critical components described in § 175.3(b) and (c) of this chapter. (b) Compliance Audit Methods. The comptroller shall use random selection to generate an adequate sample of cases to be audited, and shall use the same sampling methodology as used for programs with similar automation capabilities. (c) Compliance Audit Standards. The comptroller shall use the following standards in the compliance audit: (1) A county has met the requirements of § 175.3(b) of this chapter when either 90 percent of all courts in the county, or all courts in the county except one court, have satisfied all three requirements. Partial percentages are rounded in favor of the county. A municipality must satisfy all three requirements of § 175.3(b) of this chapter. (2) To be in substantial compliance with a critical component of § 175.3(c) of this chapter, the requirement must be met for at least 80% of the cases at that stage of collection. To be in partial compliance with a critical component of § 175.3(c) of this chapter, the requirement must be met for at least 50% of the cases at that stage of collection. For the comptroller to find a jurisdiction in compliance with the requirements of §175.3(c) of this chapter, the jurisdiction cannot be in less than partial compliance with any critical component, may be in partial compliance with a maximum of one critical component, and shall be in substantial compliance with all of the other applicable critical components. SUBCHAPTER B. IMPLEMENTATION SCHEDULE AND WAIVERS x'175.6. Implementation Schedule In consultation with the Comptroller, OCA has developed and published on its website a prioritized implementation schedule for jurisdictions. X175.7. Waivers (a) Statutory Basis. Article 103.0033 provides that OCA may determine that it is not cost-effective to implement a program in a county or municipality and grant a waiver to the requesting entity. (b) Criteria for rg antin~ waivers. OCA will grant a blanket waiver from implementation when the requesting entity demonstrates that: (1) the estimated costs of implementing the program are greater than the estimated additional revenue that would be generated by implementing the program; and (2) a compelling reason exists for submitting the waiver request after the entity's published implementation deadline. The requesting entity and OCA program staff each shall submit documentation supporting their cost and revenue projections to the administrative director for determination. (c) Temporary waivers. OCA will consider a request to grant a temporary waiver for good cause that could not have been reasonably anticipated. Such temporary waivers may be granted after an audit to allow a program to correct deficiencies discovered during the audit. Conceptual Flowchart Collection Improvement Model This model does not apply to defendants who have been detefminedt0 be indigent. .~..._~.__.______A ~__._.._.~.-.~-..~__-____.-.~..-__..~.__..___-Yes.._.w~_..~,..e., E Court Costs, Defendant must Fees, & Fines w_ Did Defendant satisfy _-Nod complete Assessed amount owed? application Staff reviews Staff verifies application & Staff monitors. Does f application •--- - erms of - Defendants --•° Defendant Yes ~•i information compliance with compliance comply? _ Defendant __ N -----~-----~ f Staff attempts Staff sends written i Does phone contact with ~ notice to , Defendant -----Yes-~---~------~-~~ Compliance Defendant Defendant, comply? ~,, ~_ ,, ,,, ~ r N Will jurisdiction Staff applies seek capias pro --N appropriate ::.fine? statutory remedies ~;~ ~,~ _ ~ Yes ~ Staff attempts i phone contact or Does Yes sends written Defendant --------------~--~-- •~- -----~-- notice to comply? Defendant e,, Capias Pro' Fine is issued Staff applies appropriate statutory remedies -.Defendant is;,,,., arrested for court appearance 3/17/08 a~ c m rn ~ ~ rn o U ~ ~ o o N . ~ ~ ~ f0 ~ f6 U p ~ ~ ~ W ~ r p ~ c cll c p rn ~ ~ m ~ ~ ~ v D U ~ rn NU o o a ~~ U 0 'a °~ ~ a~ J 0 pip U s ~ I Q O p ~_ a C o0 d g ~~ ~_ N C Q~ O~ C w ~ ~ L ~ ~ a 00 ~ tip C ~ ('Op U ~ r' N ~ _ ~ C0~ ~~ ~' ~ oo ~ . a ~ .r d '`'' p ~ ~ ~ . a ~ = v - ._ -p p ~ ~_ O) O ° ~ N U •C ~w~ p v i o ~i ~ o a ~.~o ~~ = _ ~ ~~ o ~~. o ~Qc p ~ ., $ Qots ~ c v p c. ~ ' ~ ~ Q dy ~ ~ ~pU ~ ~ ~ C V V ~ a ~ o ~ _ ~ j ~~a~ N V'~ H °~ . ~a~ N ~ rn i a pQ~ ~ N ~ O C d ~ __. _ j 0 0 = . O Q vU o ~ o ~ N ~ O ~ cF. C ~ ~ ~ ^ N N ^ ~ N ~ ~ ~ N C ~ O` OL N OO O r' op C ~-- e- O N N ~ ~ ~ ++~p C ti O Q ~ , o ~ Q , Q v ~ 0 N N ~ N N ~ Q d0 _ CD O N ~ d R~ ~ O N C m A d 9~ 3 N 3 0 N ~ w O ~ •d o a as d a+ d o~ '0 d =Q N 3 y '° ,~ ~_ d ~, a 0 d ~ C N N ~ N tl W a o~ 'DZw 3 v d a y3a O ~ •v o~~ 0 a= r cor RLu of O s L ~ 3 *' IQ G C 'p O O = ~ V . ~ C ~ ~ + ~ t Components of Texas Collection Improvement Program Program Component Importance and Flexibility of Component 1. Written Collections Importance Procedures A written procedure ensures consistency and provides a blueprint that can be used regardless of changes in personnel. Flexibilitv Some programs have created detailed procedure manuals. Some programs rely on internal memos and other written directives. 2. Dedicated Staff Importance Without dedicated staff, collection activities tend to neglected or ignored; cases are not continuously monitored to ensure payments are made, phone calls and notices to delinquent defendants are not timely, and a large backlog of uncollected cases develops. Staff should have a basic understanding of collections (in this context, collections is not defined as receipting money or cashiering). The collections function is designed to facilitate payment/compliance by applying collections industry techniques to encourage the offender to pay (comply). Historically, staff turnover rates in the collections industry lead all other professional categories. This reflects the difficulty of the job and why it can rarely be effective if attempted on a casual basis. Flexibilitv Each local program must have a minimum of one staff person whose priority job function is collection activities. The priority collection job function may be concentrated in one individual employee or distributed among two or more employees and need not require 40 hours per week of FTE time. However, it must be a priority. Designed to ensure that the collection of court costs, fees, and fines is a priority. Program Component Importance and Flexibility of Component 3. Immediate Payment Importance Expectation Immediate compliance reduces the court's costs associated with managing compliance, and it reduces the increased risk of arrest for the defendant. Human nature - if defendants have the opportunity to postpone compliance with the court's order, most of them will. Decreases staff workload -instead of processing many payments from each defendant, you, only have to deal with one. Sends a clear message of compliance. Flexibility Generally, the judge announces from the bench before court begins that court costs, fees, and fines will be due upon assessment. Some programs post notices in key areas around the courthouse and sometimes in the courtroom itself. Some programs advise criminal justice system stakeholders of this requirement through meetings and memos. Program Component Importance and Flexibility of Component 4. Application and Contact Importance Information Designed to capture contact information and determine financial ability to pay. Defendants who need time to pay usually do not object to completing the application, while others who actually can pay in full will do so and leave because they do not want to spend unnecessary time and effort to complete the form. Prevents setting a defendant up for failure. By having and reviewing a defendant's financial status, collections staff can place the defendant on an appropriate payment plan. Without this process the defendant is placed on the "honor system." Private companies and financial institutions do not extend credit without first obtaining contact and financial status information from the borrower, why should the courts? One need only look at the FIRST step taken by the private sector (skip tracing), when an account is referred to collections, to understand the importance of this component. Personal identifiers, such as social security numbers and bank account numbers, are not required or recommended on the application form. Flexibility Ideally, the application is taken immediately following court by the collections/compliance office or officer. One municipal court takes the application during court before the defendant sees the judge. One county takes the application during pre-sentence hearings for their criminal misdemeanor defendants. Several counties take applications for justice court cases over the phone. One municipal court distributes applications at sentencing and defendants are given 10 days to return it or pay in full. Programs may use a single form for both the application and contact information. The required information must be obtained within 30 days of the assessment date. Program Component Importance and Flexibility of Component 5. Verification of Contact Importance Information Simple verification of two key pieces of information (home/contact phone and employment/source of income) is essential. Experience shows that if these two pieces of information are correct, then the remaining information on an application is most likely correct. In the (different, but not unrelated) context of indigent defense, the Task Force on Indigent Defense recently released a study which concluded that "a comprehensive screening and verification program would generate financial benefits for those counties with a sufficient number of criminal arraignments." Flexibilitv Ideally, verification by a collections/compliance office or officer is completed white the defendant is at court. In one municipal court, the bailiffs verify the information on the application during court and before the defendant sees the judge. In one county, the application is forwarded to the collections/compliance office within 24 hours of appearance forverification. Several counties use an automated system to verify information on the application while the defendant is still in the courthouse. 6. Defendant Interview Importance According to the American Collectors Association the number one reason for payment default is confusion; this problem can be magnified in the justice system. This component is designed to ensure the defendant knows his/her responsibility and the consequences of failure. If this component is applied effectively, the defendant should always know what to do and who to contact if there is a problem. Flexibilitv Ideally, the interview is conducted by the collections/compliance office or officer before the defendant leaves courthouse. In one city, interviews are conducted by the judge after the application has been completed and verified. In one city, interviews are conducted by designated staff at the cashier's window following court. In several counties, interviews for justice courts are conducted by the collections staff over the phone within 48-72 hours following court appearance. Program Component Importance and Flexibility of Component 7. Payment Terms Importance Designed to expedite the payment process wherever and whenever possible. For example, a 48-month payment term fora $250 assessment (or the equivalent of a $5.20 payment per month) simply is impractical in most cases. Collections are reduced when a community supervision case is revoked and the full payment has not been received. The longer a defendant is in the system, the greater opportunity there is for default. The longer a defendant is in the system, the greater the expense burden to both the defendant and the system. The program is not designed to create court orders. It is designed to create a specific framework for the enforcement of court orders. Flexibility The application of this component must never conflict with judicial authority or discretion. One example is: For misdemeanors - 50% of the total amount due must be paid within 48 hours, 80% within 30 days, and 100% within 60 days. For felonies -the payment terms are generally shorter than the term of community supervision/deferred adjudication or parole. Payment terms for state jail felonies should be similar to other felonies except payment terms should generally begin after release. Please note these are examples only. Any payment terms established or ordered by the court acting within its statutory authority or discretion is acceptable. Ideally, payment terms are uniform and relatively short. They are established by the collections/compliance office or officer in individual cases, using the guidelines promulgated by the judge(s). One county requires non-probation misdemeanor defendants to pay in full within 30 days or face jail. Defendants on probation must pay within the term of probation. Several counties assign both probation and non-probation misdemeanors to the collections/compliance office, with payment terms established by the office -those terms do not generally exceed 90-120 days. One county court at law requires defendants to pay in full within 90 days of sentencing, but allows extended term payment plans if the defendant cannot pay in full within 90 days. One county requires payment in full within six months. Program Component Importance and Flexibility of Component 8. Account/Payment Plan Importance Compliance Monitor Designed to ensure effective case compliance management and timely follow-up of cases in which the offender defaults. Timely follow-up is crucial to the collections process. Poor follow-up is usually at the root of any troubled collections program. Flexibilitv Ideally, cases are assigned to the collections/ compliance staff to monitor for compliance. One county employs a single coordinator that monitors each court to ensure the court staff is monitoring compliance with payment agreements. Several cities and counties have court collection software programs that monitor cases for compliance automatically. 9. Phone Contact Importance This is generally the first step (along with sending a notice) in any standard collection process. It is standard operating practice to initiate phone contact as soon as possible following default. pTimely follow-up is crucial to the collections process. Poor follow-up is usually at the root of any troubled collections program. Flexibilitv Ideally, delinquent defendants are called immediately by the collections/compliance staff assigned to monitor their cases for compliance. Within 30 days of a missed payment, a phone call must be made to a defendant who has not contacted the program staff. The phone call must be documented. Program Component Importance and Flexibility of Component 10. Mail Contact Importance This is generally the first step (along with a phone call) in any standard collections process. It is standard operating practice to send out notification of delinquency as soon as possible following default. Timely follow-up is crucial to the collections process. Poor follow-up is usually at the root of any troubled collections program. Flexibility Ideally, defendants are sent a delinquency notice immediately by the collections/compliance staff assigned to monitor their cases for compliance. Within 30 days of a missed payment, a written delinquency notice must be sent to a defendant who has not contacted the program staff. The written notice must be documented. One county utilizes a collection vendor to send delinquency notices to delinquent defendants. Several cities and counties use automated computer systems to send delinquency notices to delinquent defendants. Program Component Importance and Flexibility of Component 11. Pre-Warrant Notice Importance Notification that collection/compliance efforts are about to be escalated is generally a standard procedure in any collections process. This notice also serves as a final courtesy attempting to give a defendant every opportunity to comply with the order of the court. Flexibility Ideally, defendants are called orsent apre-warrant notice when a defendant has not responded to previous attempts to be contacted by collections/compliance staff assigned to monitor their cases for compliance. One county utilizes a collection vendor to send pre-warrant notices to non-responsive delinquent offenders. Several cities and counties use automated dialers or systems to call or send pre-warrant notices to non-responsive delinquent offenders. One county uses a warrant specialist (actually a collections supervisor) to make final attempt pre-warrant calls to non- responsive delinquent defendants. Several cities and counties use warrant officers to make final attempt pre-warrant calls to non-responsive delinquent defendants. If a capias pro fine ("warrant")will be sought for a defendant, a phone call must be made or written notice must be sent to the defendant who has not contacted program staff within 30 days of the written delinquency notice described in number 8 above. The phone call or written notice must be documented. Program Component Importance and Flexibility of Component 12. Warrants Importance The warrant is the ultimate consequence for failing to comply with an order of the court. It is designed to encourage personal accountability and respect for court orders. In situations where a defendant continues to fail to comply with a court order and has been notified that a warrant will be issued for non-compliance, a warrant should be issued so that defendants do not come to believe that the threat of a warrant is just that, a threat, and they do not have to comply. The threat of a warrant and the possibility of incarceration often produce compliance. Flexibility Generally, programs work to identify hardcore cases -such as known repeat offenders -that require the court's attention without the use of the warrant. But when all efforts fail, they will recommend issuing a warrant as a necessary next step in the enforcement process. Some courts have elected not to issue warrants for failure to pay court costs, fees, and fines. 13. Use of Law enforcement Importance Once a warrant is issued it can become an extremely effective tool in encouraging compliance. Service of the warrant sends a strong and clear message to lawbreakers and the entire community that compliance is not optional. One of the most cost effective and successful uses of law enforcement officers in the collections process has been establishing contact with the defendant to arrange for resolution prior to field service. Flexibility Some programs have warrant officers assigned to and working directly with the collections/ compliance office on warrant cases. Some programs use warrant officers, marshals, and in some instances constables assigned to law enforcement agencies to contact defendants or serve warrants. Program Component Importance and Flexibility of Component 14. Post-Warrant Notices and Importance Calls The collections process does not end with the issuance of a warrant, and notification sends this message. Notifying the defendant that an arrest warrant has been issued should be considered mandatory if previous notifications have advised of this intent; it would be mandatory if the Fair Debt Practices Act applied. A phone call or notice advising that a warrant has been issued may be the one contact that finally gets the attention of the defendant and results in compliance. Flexibilitv Some programs use in-house staff to make these follow-up calls and send notices. Some programs use law enforcement officers to make these calls and send notices. Some programs rely on third party collection agencies or firms to make these calls and send notices. 15. Alternative Compliance Importance Options Individuals who are unable to pay are not exempt from compliance with court orders. The Collections Improvement Program is designed to give those defendants a reasonable compliance option. This can be accomplished with an assignment to a community service or public works program in lieu of payment of court costs, fees, and fines. Flexibilitv Some programs work with community service or public works programs managed and operated by the county or city. Some programs work with their Community Supervision and Corrections Departments who manage community service or public works programs. Some programs have created their own community service or public works programs. 16. Use of Statutorily Importance Permitted Collection Using statutes designed to assist with enforcing compliance Remedies with court orders for the payment of court costs, fees, and fines is strongly encouraged because it increases the opportunity for success. Flexibilitv Ideally, programs use both the Texas Department of Public Safety's (DPS) Failure to Appear program for non-renewal of drivers licenses and the Texas Department of Transportation's (TxDot) Scoff program for non-renewal of vehicle registration, for defendants who fail to pay court costs, fees, and fines. Program Component Importance and Flexibility of Component 17. In-House Back-end Importance Collections It is important the collections process continues until there is resolution. There must be a plan in place to continue efforts to bring defendants into compliance and reduce the number of outstanding cases due to the non-payment of court costs, fees, and fines. Flexibilitv Some programs have specific internal procedures to continue working delinquent cases until resolved. They use all available tools, including the DPS and TxDot programs. They also continue to search and make contact with defendants no matter where they are to try to reach resolution. 18. Contracted Back-end Importance Collections It is important the collections process continues until there is resolution. In some instances, it is more cost effective to use contract vendors to work seriously delinquent cases after all internal efforts have been exhausted. Flexibilitv There are statutory provisions for counties and cities to contract with private collection agencies and firms for the purpose of collecting court costs, fees, and fines. 19. Reporting Importance This component is required by statute. By analyzing the information provided in the reports, OCA staff are in a better position to provide assistance to the collections/compliance office. Collections/compliance offices can see how they are doing in relation to other counties or cities. Also, there is contact information should they want to contact another office on a casual basis. Flexibilitv Though the Office of Court Administration (OCA) recommends monthly reporting, each program shall report its collection activity data online to the OCA at least annually in a format approved by the OCA.