§ 16-13-709 — Responsibility for collection

(a) (1) (A) (i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state. (ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court. (B) (i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor. (ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court. (C) (i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (ii) The court shall credit the defendant with the gross amount remitted to the private contractor. (iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis. (iv) Payment of the commission shall be through the county claims process. (v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (2) (A) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state. (ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707 . (B) The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court. (C) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor. (ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount remitted to the private contractor. (v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis. (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209 , 16-10-308 , and 16-17-707 . (3) "Delinquent" means any fines assessed in the circuit courts or district courts of this state which have not been paid as ordered for a period of ninety (90) days or three (3) payments, either consecutive or concurrent, since payment was ordered or since last partial payment was received. (4) A copy of the ordinance making the designation shall be provided to the Administrative Office of the Courts. (b) (1) If a private contractor is selected to collect delinquent fines, then to ensure the integrity of the court and to protect the county, town, or city, the contractor shall register with the Secretary of State and shall file with the Secretary of State a surety bond or certificate of deposit. (2) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000). (3) The county, town, city, or any person suffering damage by reason of the acts or omissions of the contractor may bring action on the bond for damages. (4) A contractor shall be ineligible to provide such services if the owner, operator, partner, or employee has been convicted of a felony.

Legislative History

Acts 1995, No. 1262, § 9; 1997, No. 941, § 2; 1999, No. 1081, § 10; 2001, No. 1809, § 15; 2003, No. 1185, § 95; 2003, No. 1765, § 13; 2005, No. 1934, § 8; 2007, No. 663, § 33.