Section 1463.007 Of Chapter 1. Proceedings In Misdemeanor And Infraction Cases From California Penal Code >> Title 11. >> Part 2. >> Chapter 1.
1463.007
. (a) Notwithstanding any other provision of law, any
county or court that operates a comprehensive collection program may
deduct the costs of operating that program, excluding capital
expenditures, from any revenues collected under that program. The
costs shall be deducted before any distribution of revenues to other
governmental entities required by any other provision of law. Any
county or court operating a comprehensive collection program may
establish a minimum base fee, fine, forfeiture, penalty, or
assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent
and may be subject to collection by a comprehensive collection
program. Debt is delinquent and subject to collection by a
comprehensive collection program if any of the following conditions
is met:
(1) A defendant does not post bail or appear on or before the date
on which he or she promised to appear, or any lawful continuance of
that date, if that defendant was eligible to post and forfeit bail.
(2) A defendant does not pay the amount imposed by the court on or
before the date ordered by the court, or any lawful continuance of
that date.
(3) A defendant has failed to make an installment payment on the
date specified by the court.
(c) For the purposes of this section, a "comprehensive collection
program" is a separate and distinct revenue collection activity that
meets each of the following criteria:
(1) The program identifies and collects amounts arising from
delinquent court-ordered debt, whether or not a warrant has been
issued against the alleged violator.
(2) The program complies with the requirements of subdivision (b)
of Section 1463.010.
(3) The program engages in each of the following activities:
(A) Attempts telephone contact with delinquent debtors for whom
the program has a phone number to inform them of their delinquent
status and payment options.
(B) Notifies delinquent debtors for whom the program has an
address in writing of their outstanding obligation within 95 days of
delinquency.
(C) Generates internal monthly reports to track collections data,
such as age of debt and delinquent amounts outstanding.
(D) Uses Department of Motor Vehicles information to locate
delinquent debtors.
(E) Accepts payment of delinquent debt by credit card.
(4) The program engages in at least five of the following
activities:
(A) Sends delinquent debt to the Franchise Tax Board's
Court-Ordered Debt Collections Program.
(B) Sends delinquent debt to the Franchise Tax Board's Interagency
Intercept Collections Program.
(C) Initiates driver's license suspension or hold actions when
appropriate.
(D) Contracts with one or more private debt collectors to collect
delinquent debt.
(E) Sends monthly bills or account statements to all delinquent
debtors.
(F) Contracts with local, regional, state, or national skip
tracing or locator resources or services to locate delinquent
debtors.
(G) Coordinates with the probation department to locate debtors
who may be on formal or informal probation.
(H) Uses Employment Development Department employment and wage
information to collect delinquent debt.
(I) Establishes wage and bank account garnishments where
appropriate.
(J) Places liens on real property owned by delinquent debtors when
appropriate.
(K) Uses an automated dialer or automatic call distribution system
to manage telephone calls.
(d) This section shall become operative on July 1, 2012.