AN ACT TO AUTHORIZE EXPANDED METHODS OF COLLECTING FINES, FEES, COSTS, AND RESTITUTION FROM OFFENDERS NOT SENTENCED TO SUPERVISED PROBATION OR ACTIVE TIME AND TO PERMIT THE COUNTY IN WHICH THE COLLECTION ASSISTANCE FEE IS COLLECTED TO RETAIN THE FEE, PROVIDING THE FEE IS COLLECTED BY A COLLECTIONS PROGRAM PURSUANT TO A CONTRACT WITH THE ADMINISTRATIVE OFFICE OF THE COURTS. Summarized in Daily Bulletin 2/24/11 and 6/15/11. Enacted June 27, 2011. Effective July 1, 2011.
Bill Summaries: S131 AOC COLLECTION ASSISTANCE FEE.
Summary date: Jun 30 2011 - View Summary
Bill S 131 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute, reported in on 6/14/11, makes the following changes to the 1st edition. (1) Specifies that it is the Administrative Office of the Courts (current law and previous edition both specify the Judicial Department) that may enter into collection agreements. Specifies that the agreements may be with collection agencies or with municipal or county government agencies. Specifies that the agreements may provide for any of the agencies to retain the assistance fee collected. Makes clear that the collection contracts may be applied to any amounts owed by an offender, not simply to unpaid fines, fees, and costs. Makes conforming changes to the title. Deletes provision allowing the Department to make referrals to credit counseling agencies and debt restructuring services. Makes other clarifying changes.
Bill S 131 (2011-2012)Summary date: Feb 24 2011 - View Summary
Amends GS 7A-321 to provide that the scope of the Judicial Department’s authority to collect fines, fees, and costs also includes restitution owed by offenders. Provides that the collection authority applies to offenders not sentenced to supervised probation or active time. Provides that the Judicial Department may in its attempt to collect the fines, fees, costs and restitution owed by offenders make referrals to credit counseling agencies and debt restructuring services. Permits a county in which a collection assistance fee is collected to retain the fee if the fee is collected by a collections program that is funded by the county government. Makes conforming changes.
Deletes the provision that prohibits the Judicial Department from charging any additional cost for the collection of fines owed by offenders not sentenced to supervised probation using the methods identified in subdivisions (b)(1) or (2) of GS 7A-321.
Effective July 1, 2011, and applies to cases adjudicated on or after that date.