Text: SSB00329 Text: SSB00331 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 909A.1 PILOT PROGRAM ESTABLISHED 1 2 &endash; DURATION. 1 3 The department of human rights, division of criminal and 1 4 juvenile justice planning, in cooperation with selected 1 5 governmental entities, may establish a pilot program to expand 1 6 the use of the structured fines concept in counties and 1 7 judicial districts also wishing to participate in the pilot 1 8 program. Sections 909A.2 through 909A.5 shall apply only 1 9 within those counties which have previously contracted with 1 10 the department of human rights, division of criminal and 1 11 juvenile justice planning, to operate a structured fines pilot 1 12 project and currently have a structured fines pilot site in 1 13 operation, and in those counties and judicial districts with 1 14 whom the department of human rights, division of criminal and 1 15 juvenile justice planning has a current agreement regarding 1 16 participation in the structured fines pilot program, from the 1 17 effective date of this Act through June 30, 1998. 1 18 The department of human rights, division of criminal and 1 19 juvenile justice planning, shall enter into agreements of 1 20 participation in the pilot program with interested 1 21 governmental entities to the extent that start-up funding is 1 22 available to the division, and shall choose from among 1 23 interested sites following an open and competitive selection 1 24 process involving selection criteria to be adopted by the 1 25 division. To be eligible for consideration, an interested 1 26 site must be able to assure the involvement and cooperation of 1 27 the site's county attorney and court officials, including the 1 28 clerk of the district court; the appropriate judicial district 1 29 department of correctional services; and any other agency or 1 30 official to be affected by the pilot site activities. 1 31 Sec. 2. NEW SECTION. 909A.2 PAYMENT IN INSTALLMENTS OR 1 32 ON A FIXED FUTURE DATE &endash; INSTALLMENT FEE AND INTEREST &endash; 1 33 STRUCTURED CIVIL PENALTY. 1 34 1. If the district court orders a structured fine, 1 35 structured civil penalty, or structured civil penalty 2 1 surcharge imposed pursuant to this chapter, the criminal 2 2 penalty surcharge for a structured fine imposed pursuant to 2 3 chapter 911, indigent defense fees assessed as restitution 2 4 pursuant to chapter 910 for a case in which a structured fine 2 5 or structured civil penalty was imposed, or court costs 2 6 assessed pursuant to chapter 602 for a case in which a 2 7 structured fine or structured civil penalty was imposed, to be 2 8 paid in installments or at a fixed date in the future, the 2 9 court shall do all of the following: 2 10 a. Impose a time payment fee in the amount of twenty-five 2 11 dollars. 2 12 b. Impose interest charges on the unsatisfied judgment 2 13 from the date of sentencing at the rate provided in section 2 14 535.3 for court judgments. 2 15 2. Notwithstanding any other provision of law to the 2 16 contrary, when a deferred judgment or deferred sentence is 2 17 entered by the court pursuant to chapter 907, the court may 2 18 impose a structured civil penalty that is calculated in the 2 19 same manner as a structured fine. The structured civil 2 20 penalty shall be subject to a structured civil penalty 2 21 surcharge equal to the criminal penalty surcharge under 2 22 section 911.2. The structured civil penalty and the 2 23 structured civil penalty surcharge shall be disbursed in the 2 24 manner provided for in section 909A.4, subsection 2. 2 25 Sec. 3. NEW SECTION. 909A.3 NO MINIMUM FINE. 2 26 Notwithstanding any other provisions of law, a structured 2 27 fine imposed pursuant to this chapter in a county 2 28 participating in the structured fines pilot program shall not 2 29 be required to be imposed in any minimum amount. 2 30 Sec. 4. NEW SECTION. 909A.4 DISTRIBUTION OF CERTAIN FEES 2 31 UNDER THE STRUCTURED FINES PILOT PROGRAM. 2 32 1. Upon receiving payment of the time payment fee, the 2 33 clerk of the district court shall remit all time payments fees 2 34 collected by the fifteenth day of the month following payment 2 35 to the governmental entity having overall responsibility for 3 1 the operation of the structured fines pilot program within the 3 2 county. Upon receiving payment of interest charges, the clerk 3 3 of the district court shall remit all interest charges 3 4 collected by the fifteenth day of the month following payment 3 5 to the treasurer of state to be credited to the general fund 3 6 of the state. 3 7 2. Notwithstanding any other provision of law, the clerk 3 8 of the district court for a county participating in a 3 9 structured fines pilot program shall remit by the fifteenth 3 10 day of the month following payment fifteen percent of all 3 11 structured fines, criminal penalty surcharges, structured 3 12 civil penalties, structured civil penalty surcharges, indigent 3 13 defense fees, court costs, and any other assessed fees, other 3 14 than payment of pecuniary damages to a victim as defined in 3 15 section 910.1, collected in cases where a structured fine or 3 16 structured civil penalty was imposed, to the governmental 3 17 entity having overall responsibility for the operation of the 3 18 structured fines pilot program within the county and the 3 19 remaining eighty-five percent to the treasurer of state for 3 20 deposit in the general fund of the state. 3 21 3. The governmental entity having overall responsibility 3 22 for the operation of the structured fines pilot program within 3 23 the county and receiving structured fines moneys from the 3 24 clerk of the district court pursuant to this section shall: 3 25 a. Establish a separate accounting or bank account, into 3 26 which only the structured fines moneys received from the clerk 3 27 of the district court shall be recorded or deposited. A 3 28 system shall be established to provide adequate fund 3 29 accountability so as to ensure that structured fines moneys 3 30 received from the clerk of the district court are accounted 3 31 for separately from other funds. The moneys in the structured 3 32 fines account shall be used only to pay the costs of 3 33 structured fines pilot program operations. 3 34 b. Ensure that the balance in the structured fines account 3 35 does not exceed, at the end of the fiscal year, the total 4 1 amount of the structured fines moneys received from the clerk 4 2 of the district court within the preceding three calendar 4 3 months. For purposes of complying with this maximum balance 4 4 provision, moneys expended or obligated by the end of the 4 5 current fiscal year, or moneys budgeted for expenditure during 4 6 the first quarter of the next fiscal year, shall be considered 4 7 to have reduced the structured fines account whether or not 4 8 actually charged by the bank or credited to the accounting 4 9 records. Any moneys in excess of the maximum account balance 4 10 provision at the end of the fiscal year shall be remitted to 4 11 the treasurer of state to be credited to the general fund of 4 12 the state. 4 13 c. Ensure that upon the termination of structured fines 4 14 operations within the county, all unexpended and unobligated 4 15 moneys contained in the structured fines account are remitted 4 16 within sixty days of the termination of structured fines 4 17 operations to the treasurer of state to be credited to the 4 18 general fund of the state. 4 19 Sec. 5. NEW SECTION. 909A.5 STRUCTURED FINE AND 4 20 STRUCTURED CIVIL PENALTY AS JUDGMENT. 4 21 If a court has imposed a structured fine or structured 4 22 civil penalty on a defendant, the judgment in the case shall 4 23 state the amount of the structured fine or structured civil 4 24 penalty assessed, the amount of the criminal penalty surcharge 4 25 or structured civil penalty surcharge assessed, the amount of 4 26 the court costs assessed, the amount of any time payment fee 4 27 assessed, the amount of any indigent defense fees assessed as 4 28 restitution, and the type and amount of any other applicable 4 29 fees assessed in the case. At the time of imposing sentence, 4 30 the court shall inform the defendant of the type and amount of 4 31 the assessments imposed, and that the assessments have the 4 32 force and effect of a judgment against the defendant in the 4 33 total amount of the assessments imposed. The court shall also 4 34 inform the offender of the duty to pay the judgment in a 4 35 timely manner. 5 1 The law relating to judgment liens, executions, and other 5 2 process available to creditors for the collection of debts 5 3 shall be applicable to such judgments. However, no law 5 4 exempting the personal property of the offender from any lien 5 5 or legal process shall be applicable to such judgments. 5 6 Sec. 6. NEW SECTION. 909A.6 REPEAL. 5 7 This chapter is repealed July 1, 1998. 5 8 Sec. 7. REPEALS. 5 9 1. 1992 Iowa Acts, chapter 1202, is repealed. 5 10 2. 1993 Iowa Acts, chapter 81, is repealed. 5 11 Sec. 8. EFFECTIVE DATE. This Act, being deemed of 5 12 immediate importance, takes effect upon enactment. 5 13 EXPLANATION 5 14 This bill amends and codifies the structured fines pilot 5 15 program created in 1992 Iowa Acts, chapter 1202, as amended by 5 16 1993 Iowa Acts, chapter 81. The bill creates a new chapter 5 17 909A for the pilot program. 5 18 The bill provides that when a court imposes a structured 5 19 fine, civil penalty, or surcharge or indigent defense fees or 5 20 court costs assessed as restitution in a case in which a 5 21 structured fine or civil penalty is imposed, and orders 5 22 payment in installments or at a fixed future date, a time 5 23 payment fee of $25 will be imposed and interest at the rate 5 24 required for court judgments shall be assessed against the 5 25 unpaid balance from the date of sentencing. The bill also 5 26 provides that a structured civil penalty may be imposed in 5 27 cases where a deferred judgment or deferred sentence is 5 28 entered by the court. 5 29 The bill retains the provision in the existing pilot 5 30 program allowing a structured fine to be imposed without 5 31 regard for any minimum fine amount provisions contained 5 32 elsewhere in state law. The bill provides for the 5 33 distribution of time payment fees and 15 percent of the 5 34 structured fines, penalties, and surcharges and indigent 5 35 defense fees and court costs in structured fine or penalty 6 1 cases, to the governmental entity operating the pilot program, 6 2 if not the county, and the remaining 85 percent as well as all 6 3 interest received to the treasurer of state for deposit in the 6 4 general fund of the state. The bill also provides that a 6 5 structured fine or penalty shall be considered a judgment 6 6 allowing normal means of collection of judgments to apply. 6 7 The bill authorizes the division of criminal and juvenile 6 8 justice planning to enter into agreements with interested 6 9 governmental entities regarding joining the pilot program. 6 10 The bill takes effect immediately and is repealed effective 6 11 July 1, 1998. 6 12 BACKGROUND STATEMENT 6 13 SUBMITTED BY THE AGENCY 6 14 Preliminary data from the existing structured fines pilot 6 15 site tend to indicate success in achieving many of the 6 16 project's goals. The number of cases wherein the fine was 6 17 paid in full and the percentage of fine dollars collected in 6 18 comparison to the total fine dollars assessed has 6 19 approximately doubled when compared to the collection data 6 20 from the pilot site in the year immediately preceding the 6 21 start of the pilot project. Offender accountability as 6 22 measured by paying at least a portion of the fine imposed has 6 23 almost doubled. The data tend to indicate that more offenders 6 24 are being held accountable, and fines are being collected at a 6 25 substantially higher rate. Based on the apparent successes of 6 26 the existing pilot project, it is proposed that the use of 6 27 structured fines be expanded by the establishment of 6 28 additional pilot sites. 6 29 The changes proposed in this legislation would extend the 6 30 sunset date of the enabling legislation for a three-year 6 31 period, thereby allowing the continued operation of the 6 32 existing pilot site as well as the establishment of additional 6 33 pilot sites within the state. If additional pilot sites are 6 34 established, this legislation would allow for the funding of 6 35 pilot site operations from the project-generated collection of 7 1 imposed financial sanctions to the governmental entity with 7 2 overall responsibility for structured fines operations within 7 3 a county. Data obtained from the continued operation of the 7 4 existing pilot site and the additional pilot sites to be 7 5 established would provide the basis on which to base any 7 6 recommendations for further expansion of the use of structured 7 7 fines within the state. 7 8 Another proposed change would extend the provisions of 7 9 section 909.6, Code 1995, as applies to criminal fines, to 7 10 structured fines and structured civil penalties by designating 7 11 them as judgments that could be collected through civil 7 12 proceedings such as judgment liens, executions, and other 7 13 process available to creditors for the collection of debts. 7 14 Another proposed change would raise the time payment fee 7 15 imposed from $10 to $25, thereby generating additional revenue 7 16 to fund pilot site operations. 7 17 Other proposed changes would improve fiscal accountability 7 18 by requiring the governmental entity responsible for operating 7 19 a structured fines pilot project to establish a separate 7 20 account for the deposit and disbursement of all structured 7 21 fines moneys. A "cap" would be established for the structured 7 22 fines account, and any moneys in excess of the "cap" would 7 23 revert to the state general fund. Another provision would 7 24 require all unexpended or unobligated funds in the structured 7 25 fine account to revert to the state general fund in the event 7 26 of cessation of structured fines operations within a county. 7 27 Finally, the changes proposed delete the reference to the 7 28 federal discretionary grant program which has ended, and 7 29 permit the division of criminal and juvenile justice planning 7 30 to participate in the proposed pilot project to expand the use 7 31 of structured fines through the establishment of additional 7 32 pilot sites. These sites would be authorized through separate 7 33 appropriation legislation to provide state funds to support 7 34 project start-up activities of the division of criminal and 7 35 juvenile justice planning and a limited number of pilot sites. 8 1 It is projected that the cost of such start-up activities 8 2 would be offset through an increase in fine revenue generated 8 3 by the pilot sites. The pilot sites would become self- 8 4 supporting by the end of their first year of operation through 8 5 the legislation proposed in this bill. 8 6 LSB 1233DP 76 8 7 mk/jw/5.3
Text: SSB00329 Text: SSB00331 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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