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Senate Journal: Page 46: Wednesday, January 10, 1996

         Across the state, all of our judicial districts have stepped up
    their fine and collection programs. Many judges are following the
    methods successfully used by the district associate judges in Scott
    County. In that program, the payment of fines, fees and restitution is
    made a condition of unsupervised probation in serious and aggravated
    misdemeanor cases. At sentencing, defendants are told that they must
    appear before the court on a date set in the future. The purpose of the
    court date is to determine if the conditions of probation have been met.
    Willful failure to comply with the terms of the unsupervised probation
    can result in a finding of contempt of court and jail time.

         A special team effort is in place in Sac County. Magistrates Warren
    Bush and Joseph Heidenreich and the clerk of court, Mary Jo Herrig, and
    her staff are working together to collect unpaid fines. Defendants are
    sent a notice reminding them of their unpaid fines and fees. They are
    also informed that if the amount is not paid by a certain date they must
    appear for a contempt of court hearing. Due to this extra effort, the
    Sac County court has collected over $22,000 in three months.

         Weve also achieved remarkable success with the aid of our computer
    system in the counties that have it.

         Weve collected over one million dollars from income tax refund
    offsets since 1994. Our computer system helped make this possible. It
    allows us to electronically send to the Department of Revenue and
    Finance lists of people who have unpaid fines. As we expand our computer
    system into more counties, the scope of this program will increase.

         This year we start using the central collection unit of the
    Department of Revenue and Finance to collect unpaid fines. Our computer
    system is crucial to this operation. When fines are not paid for sixty
    days, well send the information to the central collection unit by
    computer. The central collection unit will then work on the case. Theyll
    make phone calls, send notices, and take any further action necessary to
    enforce payment.

         In fiscal year 1995, our courts collected over $54 million.
    Currently our receipts are up 6% over last year. At this rate, there
    will be some enhanced court collection funds available to use for
    expanding our computer system. Expanding our computer system is one of
    our budget recommendations for you. However, we plan to apply most of
    the enhanced court collection funds to offset our budget request for the
    computer system. Well work with you on the details.

         Were proud of the extra efforts our judges and staff are making to
    enforce fines. However, its not our intent to force people to pay fines
    in cases of poverty. But we have no intention of taking second place in
    a line of consumer choices.  There is a difference between poverty and
    simply preferring to pay for cable T.V. Those who are convicted of
    committing crimes must expect to make some sacrifices as a consequence.
    This is what fines are all about.

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