Special Distributions 1 Training Goals 1. Review process for - - PowerPoint PPT Presentation

Special Distributions

1

Training Goals

• 1. Review process for preparing a distribution
• 2. Research resources for required distributions

and applicable fees/penalties

• 3. Review distribution calculations on worksheets

2

Special Distributions

3

Special Base Fine Multiple violation

• DUI violation
• Failure to Stop at Stop Sign violation
• City arrest

Regular Traffic School

• Speeding violation
• City arrest

Red Light Bail forfeiture

• Red light violation
• City arrest

Special Traffic School

• Red light violation
• County arrest

Top – down

• Speeding

Preparing for distributions

• 1. Gather information:
• Codes violated
• Violation date and conviction date
• Disposition on each count (conviction, dismissed, traffic

school)

• Arresting agency (county, city, CHP)
• Prior violations
• Base fine and enhancements
• 2. Obtain County Board of Supervisors resolutions
• 3. Determine other factors

4

• Uniform Bail & Penalty Schedules (UB&PS)
• Trial Court Revenue Distribution Guidelines

(Guidelines)

• California Legislative Information (Leg Info)
• Revenue Distribution Frequently Asked Questions

(FAQ)

• Crosswalk

5

Resources

Standard Criminal/Traffic Fine Equation

Base Fine + Base Fine Enhancements

=

Total Base Fine

+

State and Local Penalties

=

Initial Penalty

+

Surcharge, Fees, and Assessments

=

Total Bail or Fine

6

Base Bail or Base Fine

• The amount from which the additional penalties required by PC

1464; GC 70372, 76000, 76000.5, 76104.6, & 76104.7; and surcharge required by PC 1465.7 are calculated. UB&PS Section II

• Total bail shall not exceed statutory limits.
• The ‘fine’ amount of the total bail shall not exceed the limitations

specified by the Vehicle Code. UB&PS Section IV

7

Base Fine Enhancements

• Vehicle Code 40508.6(a) – Prior Convictions UB&PS section VII, pg. viii
• Health & Safety Code 11372.5 - Criminal Lab Fee
• Base fine enhancement of $50 for each violation of the HS code

under subdivision (b).

• Health & Safety Code 11372.7 - County Drug Program Fee
• Base fine enhancement of up to $150 for each violation of the HS

codes 11350 through 11392 except HS 11357(b).

8

State and Local Penalties

Calculated using the “per 10, or part of 10” factor from a ROUNDED UP base fine.

• PC 1464 State penalty, $10 per 10
• GC 76104.6 County DNA Identification Fund penalty, $1 per 10
• GC 76104.7 State DNA Identification Fund additional penalty, $4

per 10

• GC 70372(a) State court facilities construction penalty, $5 per 10
• GC 76000(a) County penalty, $7 per 10 (BOS)
• GC 76000.5 County Emergency Medical Services (EMS), $2 per 10

(BOS)

9

20% State Surcharge

PC 1465.7 – 20% State Surcharge

• Is calculated on total base fines.
• Is NOT calculated on state and local penalties (PC

1464, GC 70372, and GC 76000.)

• 2% state court automation is NOT applicable,

because the surcharge is not a fine or penalty.

10

Additional State and Local Penalties

• GC 76000.10(c) Emergency Medical Air Transportation,

$4 per VC conviction

• Assessment of EMAT penalty shall terminate on July 1, 2020.
• Penalties assessed before July 1, 2020 may be collected and

distributed until exhausted or until December 31, 2021– whichever occurs first.

• As of January 1, 2022, penalties may no longer be collected.
• On July 1, 2022, the code section will be repealed.
• GC 70372 Immediate and Critical Needs Account (same

$ as LCCF) and State Court Facilities Construction Fund (remainder of 5/10)

11

Assessments

• PC 1465.8 – Court Operations Assessment
• GC 70373 – Criminal Conviction Assessment
• VC 42006 - Night Court Special Assessment

12

2% State Court Automation

• Transferred from all fines, penalties, and forfeitures

(not on surcharges or fees) collected in criminal cases. GC 68090.8

• So, referring to our equation, 2% applies to the:
• Base Fine
• Base Fine Enhancement
• Standard State and Local Penalties

13

Crosswalk

14

Guidelines FAQ UB&PS

UB&PS Search: “23152”

15

Leg Info Search: “PEN 1463.002”

17

18

Guidelines Search: “23152”

19

Guidelines Search (cont’d)

20

Guidelines (cont’d)

21

Leg Info Search: “PEN 1463.14”

22

23

Case Study #1:

PC 1463.14. (a) Notwithstanding the provisions of Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, fifty dollars ($50) of each fine collected for each conviction of a violation of Section 23103, 23104, 23105, 23152, or 23153 of the Vehicle Code shall be deposited in a special account that shall be used exclusively to pay for the cost of performing for the county, or a city or special district within the county, analysis of blood, breath or urine for alcohol content or for the presence of drugs, or for services related to that testing. PC 1463.16. (a) Notwithstanding Section 1203.1 or 1463, fifty dollars ($50) of each fine collected for each conviction of a violation of Section 23103, 23104, 23105, 23152, or 23153 of the Vehicle Code shall be deposited with the county treasurer in a special account for exclusive allocation by the county for the county’s alcoholism program, with approval of the board of supervisors, for alcohol programs and services for the general population. PC 1463.18 (a) Notwithstanding the provisions of Section 1463, moneys which are collected for a conviction of a violation of Section 23152 or 23153 of the Vehicle Code and which are required to be deposited with the county treasurer pursuant to Section 1463 shall be allocated as follows: (1) The first twenty dollars ($20) of any amount collected for a conviction shall be transferred to the Restitution Fund. This amount shall be aggregated by the county treasurer and transferred to the State Treasury once per month for deposit in the Restitution Fund.

FAQ Search: “1463.14”

24

Case Study #1.2:

Penal Code 1464 (b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension. Pursuant to their respective statute, the following must be imposed per offense:

• EMAT penalty (GC 76000.10)
• Court Operations Assessment (PC 1465.8)
• Criminal Conviction Assessment (GC 70373)

26

Distribution Worksheets

Disclaimer: All spreadsheets have been updated to reflect what we believe are the statutes in effect as of January 1, 2020. Thus, they are subject to change based on laws that are effective subsequent to today’s

• training. These spreadsheets are used for testing and

review and not configuration work. Be sure the fines, penalties, and fees reflect the statutes in effect for the period reviewed.

27

Case Study #2:

28 Vehicle Code section 42007. (a) (1) The clerk of the court shall collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to Section 41501 or 42005 in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. As used in this subdivision, “total bail” means the amount established pursuant to Section 1269b of the Penal Code in accordance with the Uniform Bail and Penalty Schedule adopted by the Judicial Council, including all assessments, surcharges, and penalty amounts. (1) In any county in which a fund is established pursuant to Section 76100 or 76101 of the Government Code, the sum of one dollar ($1) for each fund so established shall be deposited with the county treasurer and placed in that fund. (2) In any county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code, an amount equal to the sum of each two dollars ($2) for every seven dollars ($7) that would have been collected pursuant to Section 76000 of the Government Code and, commencing January 1, 2009, an amount equal to the sum of each two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code with respect to those counties to which that section is applicable shall be deposited in that fund.

Guidelines Search: “traffic violator school”

29

Guidelines (cont’d)

30

PC 1463.11: Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (a) or (c) of Section 21453

• f, subdivision (c) of Section 21454 of, or subdivision (a) of

Section 21457 of, the Vehicle Code, and which are required to be deposited with the county treasurer pursuant to Section 1463 of this code shall be allocated as follows: (a) The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense

• ccurred.

(b) The balance of the amount collected shall be deposited by the county treasurer under Sections 1463 and 1464. (Added by Stats. 1997, Ch. 852, Sec. 2. Effective January 1, 1998.)

Case Study #3:

Guidelines Search: “21457”

33

Case Study#4:

35

Vehicle Code 42007.3. (a) Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator school pursuant to Section 41501 or 42005 as a result of a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be allocated as follows: (1) The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred. (2) The balance of the amount collected shall be deposited by the county treasurer under Section 42007. (b) This section does not apply to the additional forty-nine-dollar ($49) court administrative fee assessed pursuant to subdivision (c) of Section 11208 collected under subdivision (a) of Section 42007.1. (Amended by Stats. 2010, Ch. 599, Sec. 18. (AB 2499) Effective January 1, 2011.)

Guidelines Search: “21453”

36

Top-Down Distribution Method 1

• Calculation prorates “soft”

distribution components ONLY

• ASSUMPTION: Standard total fine is

$353. Judge orders a fine of $177

38

METHOD 1:

39

Top-Down Distribution Method 2

• Calculation prorates “ALL”

distribution components

• ASSUMPTION: Standard total fine is

$353. Judge orders a fine of $177

40

METHOD 2:

41

Top-Down Distributions

• There is no stated or agreed-upon method for

performing the Top-Down distribution (these methods are examples only).

• Either method is acceptable, but must be

consistently applied to all cases.

42

SESSION RECAP

• 1. Reviewed the process for preparing and performing

special distributions

• 2. Researched resources for distribution requirements
• 3. Performed distribution for four (4) studies:
• Special distribution— DUI/Failure to Stop at Stop Sign
• Bail Forfeiture distribution— Speeding
• Regular traffic distribution— Speeding
• Special traffic school distribution— Red light
• Top-down distribution methods

43

Questions

Judicial Council Funds and Revenues Unit

Public mailbox: revenue.distribution@jud.ca.gov

State Controller’s Office

Public mailbox: LocalGovPolicy@sco.ca.gov

44