§ 16-17-127 — Contractors providing certain services - Definition

(a) Upon request of the district court judge, the governing body in which a district court is located or, if applicable, each governing body of a political subdivision that contributes to the expenses of a district court may contract with a person that has registered with the Secretary of State and filed a surety bond or certificate of deposit with the Secretary of State to provide any of the following services: (1) Probation services; (2) Pretrial supervised release programs; (3) Alternate sentencing programs; or (4) The collection and enforcement of delinquent fines and costs. (b) (1) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000). (2) The city or county or any person suffering damage by reason of the acts or omissions of the person or an employee of the person in the performance of services subject to this section may bring action on the bond for damages. (c) A person is ineligible to provide services subject to this section if the person or an owner, operator, or any stockholder has been convicted of a felony. (d) As used in this section, "person" means any individual, corporation, partnership, firm, association, or other business entity. (e) A district court may require a defendant to pay reasonable fees, in an amount to be established by the district court, relating to private contractors providing probation services, pretrial supervised release programs, or alternate sentencing programs authorized by law. (f) (1) Notwithstanding § 16-13-701 et seq., a private contractor may collect and retain only the fees established by the district court for services provided pursuant to subsection (a) of this section. (2) (A) When the order of the district court requires a defendant to use the services or programs of a private contractor, the designated contractor shall report on or before the fifth day of each month all fees collected. (B) The report shall be provided to the mayor and county judge of the political subdivision or subdivisions that contribute to the expenses of the district court and to the district court clerk for inclusion in the district court's monthly report as required by law. (3) The report of the private contractor, as required in this section, shall contain columns with the following information by defendant: (A) Uniform traffic ticket number; (B) Defendant's name; (C) Court docket number; (D) Receipt number; (E) Amount collected; and (F) Total of all fees collected. (g) A private contractor providing the collection of delinquent fines and court costs shall follow the procedures in § 16-13-701 et seq. (h) This section shall not apply to the alcohol treatment or education programs authorized by §§ 5-65-115 and 5-65-307 . (i) This section shall not apply to a company whose service is limited to the acceptance of credit card payments for fines, fees, and costs and does not engage in affirmative acts of collection and enforcement of delinquent fines and costs.

Legislative History

Amended by Act 2021, No. 475,§ 13, eff. 7/28/2021. Acts 1991, No. 447, § 1; 2001, No. 1809, § 3; 2003, No. 1185, §§ 116, 117; 2003, No. 1765, § 17; 2005, No. 2239, § 2; 2009, No. 782, § 3.