4/21/1998 - Laserfiche WebLink

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ZH. CoaNTYATToRNEY- COLLECTION OF FINES. COSTS AND ADDITIONAL CHARGES IN CRIMINAL CASES The Board reviewed a Memorandum of April 8, 1998: TO: Board of County Commissioners ct� FROM: Terrence P. O'Brien, Assistant County Attorney I " DATE: April 8, 1998 RE: Collection of Fines, Costs, and Additional Charges in Criminal Cases A meeting was called by Judges Morgan and Wild to discuss the subject matter. I attended on behalf of the County, and Linda Brown attended on behalf of the Clerk of the Court. The meeting was held on February 13, 1998. The central theme was how to more effectively collect fines, costs and other charges that are assessed against defendants in criminal procedures. A review of present procedures and practice was made, as well as a review of applicable Florida Statutes. The "Palm Beach County Collection Court Program" also was reviewed. The consensus was that this program, while suited to Counties with large populations and a corresponding large number of cases, was too labor intensive for a county the size of Indian River County. Patin Beach County has at least one full time attorney and staff dedicated solely to this collection program. With respect to Indian River County, a standardized "Order assessing fines, costs additional charges, and, if indicated, entering judgment" has been developed by the Judges. In addition, a standardized form for "Final Judgment for Fines, Costs, and Additional Charges" was prepared. The first form provides for statutory charges which are set forth in detail in the form and the second reduces said fines to judgment. All of the above information is primarily directed to establishing uniform methods -for imposing fines and costs and establishing judgments when the fines are not paid. The difficult part is the collection. The Judges, and I agree, are reluctant to use contempt proceedings for a number of good reasons. The one method of collection that had universal appeal, especially from the standpoint of not requiring additional county resources, was the use of a commercial collection agency for all unpaid judgments. Recommended Action: In view of the foregoing, it is recommended that the Board of County Commissioners approved the attached resolution adopting the attached Order with the fines and costs set forth therein and authorize the issuance of an RFP looking toward collection of fines and costs by a commercial collection agency- APRIL gency APRIL 21, 1998 -17-