OCA's Collection Improvement Program is a set of principles and a process for managing cases when defendants are not prepared to pay all court costs, fees, and fines, at the point of assessment and when time to pay is requested. The ten key elements of the Program are:
- Staff or staff time dedicated to collection activities. This may include county or city employees or contract employees.
- Expectation that all court costs, fees, and fines are generally due at the time of sentencing or pleading.
- In most cases, 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.
- Payment terms are usually strict (e.g., 50% of the total amount due must be paid within 48 hours; 80% within 30 days; and 100% within 60 days).
- 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.
- Actions include telephone contact, letter notification, and possible issuance of warrant.
- A county or city may contract with a private attorney or a public or private vendor for the provision of collection services on delinquent cases (61+ days), after in-house collection efforts are exhausted.
- Application of statutorily permitted collection remedies, such as programs for non-renewal of driver’s license or vehicle registration.
- Issue and serve warrants, as appropriate.
The Collection Improvement Program began over a decade ago as a voluntary model. As of August 1, 2006, OCA had assisted with the development of collection programs in 78 counties and 36 cities. In FY 2005, those programs reporting both a pre-program and a post-program collection rate averaged an 88% increase in their collection rate (from an average pre-program collection rate of 33% to an average post-program collection rate of 62%), bringing in an additional $42 million in revenue.
The 79th Texas Legislature recognized the importance of expanding the collection of court-ordered payments by adding Article 103.0033 to the Code of Criminal Procedure. This legislation requires the 54 counties with a population of 50,000 or greater and the 24 cities with a population of 100,000 or greater to implement a court collection improvement program. The schedule for implementation [xls] of these programs has approximately half implementing programs by April 1, 2006 with the rest by April 1, 2007. (Texas map showing required and voluntary collection programs to date - pdf)
Updated: 14-Sep-2007
