1463.010
. The uniform imposition and enforcement of court-ordered
debts are recognized as an important element of California's judicial
system. Prompt, efficient, and effective imposition and collection
of court-ordered fees, fines, forfeitures, penalties, restitution,
and assessments ensure the appropriate respect for court orders. The
California State Association of Counties and the Administrative
Office of the Courts are jointly committed to identifying, improving,
and seeking to expand access to mechanisms and tools that will
enhance efforts to collect court-ordered debt. To provide for this
prompt, efficient, and effective collection:
(a) The Judicial Council shall adopt guidelines for a
comprehensive program concerning the collection of moneys owed for
fees, fines, forfeitures, penalties, and assessments imposed by court
order. As part of its guidelines, the Judicial Council may establish
standard agreements for entities to provide collection services. As
part of its guidelines, the Judicial Council shall include provisions
that promote competition by and between entities in providing
collection services to courts and counties. The Judicial Council may
delegate to the Administrative Director of the Courts the
implementation of the aspects of this program to be carried out at
the state level.
(b) The courts and counties shall maintain the collection program
that was in place on January 1, 1996, unless otherwise agreed to in
writing by the court and county. The program may wholly or partially
be staffed and operated within the court itself, may be wholly or
partially staffed and operated by the county, or may be wholly or
partially contracted with a third party. In carrying out this
collection program, each superior court and county shall develop a
cooperative plan to implement the Judicial Council guidelines. In the
event that a court and a county are unwilling or unable to enter
into a cooperative plan pursuant to this section, prior to the
arbitration procedures required by subdivision (e) of Section 1214.1,
the court or the county may request the continuation of negotiations
with mediation assistance as mutually agreed upon and provided by
the Administrative Director of the Courts and the California State
Association of Counties.
(c) The Judicial Council shall develop performance measures and
benchmarks to review the effectiveness of the cooperative superior
court and county collection programs operating pursuant to this
section. Each superior court and county shall jointly report to the
Judicial Council, as provided by the Judicial Council, information
requested in a reporting template on or before September 1, 2009, and
annually thereafter. The Judicial Council shall report to the
Legislature on December 31, 2009, and annually thereafter, on all of
the following:
(1) The extent to which each court or county is following best
practices for its collection program.
(2) The performance of each collection program.
(3) Any changes necessary to improve performance of collection
programs statewide.
(d) The Judicial Council may, when the efficiency and
effectiveness of the collection process may be improved, facilitate a
joint collection program between superior courts, between counties,
or between superior courts and counties.
(e) The Judicial Council may establish, by court rule, a program
providing for the suspension and nonrenewal of a business and
professional license if the holder of the license has unpaid fees,
fines, forfeitures, penalties, and assessments imposed upon them
under a court order. The Judicial Council may provide that some or
all of the superior courts or counties participate in the program.
Any program established by the Judicial Council shall ensure that the
licensee receives adequate and appropriate notice of the proposed
suspension or nonrenewal of his or her license and has an opportunity
to contest the suspension or nonrenewal. The opportunity to contest
may not require a court hearing.
(f) Notwithstanding any other provision of law, the Judicial
Council, after consultation with the Franchise Tax Board with respect
to collections under Section 19280 of the Revenue and Taxation Code,
may provide for an amnesty program involving the collection of
outstanding fees, fines, forfeitures, penalties, and assessments,
applicable either statewide or within one or more counties. The
amnesty program shall provide that some or all of the interest or
collections costs imposed on outstanding fees, fines, forfeitures,
penalties, and assessments may be waived if the remaining amounts due
are paid within the amnesty period.