State of California
Trial Court Revenue Distribution
Frequently Asked Questions
April 2019
California State Controller’s Office
and the
Judicial Council of California
1
Table of Contents
Contents
How to Navigate the FAQs ................................................................................................................. 2
FAQ Keywords and Categories ......................................................................................................... 3
Category A: General Questions ........................................................................................................ 4
Category B: Trial Court Revenue Distribution Guidelines ......................................................... 27
Category C: Statutes ........................................................................................................................ 28
Category D: Parking ........................................................................................................................ 74
Category E: Collections ................................................................................................................... 78
Category F: Distribution Calculations ........................................................................................... 85
Category G: Distribution Spreadsheets ......................................................................................... 91
Category H: Audits .......................................................................................................................... 92
2
How to Navigate the FAQs
Since 2013, the California State Controller’s Office (SCO) and the Judicial Council of California
(JCC) have jointly facilitated trial court revenue distribution training sessions for personnel of
counties, trial courts, and other entities involved in the assessment, collection, and distribution of
trial court revenue. Questions received from participants of these training sessions have been
compiled to create this frequently asked questions (FAQ) document.
Subsequent questions received by the SCO and JCC will be incorporated as received and researched.
The SCO and JCC will collaboratively review questions as submitted and jointly agree upon
responses. We may take longer to respond to the more complex questions, as they may involve
further research and discussion with legal staff.
Questions are grouped into eight subject categories. The Table of Contents is hyperlinked for your
convenience to provide quick access to each category. A keyword is assigned to each question to
assist with searching for relevant questions and their answers. The table on the next page
summarizes the questions by keyword, category, and quantity.
Submitted questions may have been paraphrased for clarity or parsed into multiple components to
simplify them and their associated responses. If you submitted a question, be sure to review the
response to ensure that you received a complete answer to your inquiry.
It may be necessary to search multiple categories when seeking a response to a specific question, as
more than one category may apply. If you cannot find an answer to a question, are seeking
clarification of responses to prior questions, or have new questions, please submit them to one of the
e-mail addresses noted below. When applicable, please reference an existing question and answer
using the category and question number listed in the current FAQs.
Submit questions to:
The FAQs – along with manuals, worksheets, recorded training sessions, and other training and
revenue distribution materials – are available on the SCO website at
http://www.sco.ca.gov/ard_trialcourt_manual_guidelines.html, or on the JCC website at
http://www.courts.ca.gov/revenue-distribution.htm.
FAQs have an “as of date” associated with each response. Over time, the responses may change
based on new legislation or changes in policy. Items that are no longer applicable may be retained to
provide historical reference where appropriate. New questions and/or updated responses will be
bolded with an “as of date” until the next FAQ document revision.
3
FAQ Keywords and Categories
Categories
Keywords A B C D E F G H Total
2% Automation 2 1
3
50/50 MOE 6
6
Audit Reports 1
1
Bail Bond Forfeitures 2
2
Bail Schedule 5
5
Base Fine 1
1
Board of Supervisors 5
5
Bond Indebtedness 1
1
Calculation 1
1
Civil Assessment 1 5
6
Community Service/Custody Credit 1 3
4
Cost Analysis 1
1
Court Minute Record 3
3
Court Operations Fee 2
2
Court Ordered Debt 2
2
Distribution 5
5
Distribution Guidelines 5 1
6
DNA 1
1
Document Retention 5
5
DUI Assessments 3
3
EMAT 1
1
Enhancements 3 10
13
Escheated Funds 2
2
Facilities 2
2
GC 76000 Local Penalty 1
1
GC 76000.3 Parking Penalty 2
2
Installment Payment Fee 18
18
Jurisdiction 6
6
Juvenile 5 2
7
Late Charge 5 1 2
8
Late Penalty Under VC 40310 4
4
Legislation 3
3
Mandatory Assessments 2
2
Moving Violations 1
1
Night Court Fee 2
2
Overpayment 1 1
2
Parking Assessments 2
2
Parking Remittances 3
3
Penalty Assessments 3
3
Priority 10 1
11
Priors Assessment VC 40508.6 8
8
Priors Enhancement 1
1
Probation 7
7
Proof of Correction 2
2
Proof of Financial Responsibility 1
1
Proof of Insurance 1
1
Railroad Crossings 1
1
Remittances 1
1
Resources 4
4
Restitution 4
3
Spreadsheets 4
4
Statute of Limitations 2
2
TC-31 16
16
Top Down Distribution 5
5
Traffic Assistance Program F 1
1
TVS 7 1
8
VC 40225 2
2
VC 40226 1
1
Violation Date vs. Conviction Date 4
4
Total 60 5 104 14 20 13 4 9 229
4
Category A: General Questions
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 1 Bail Schedule January 6,
2017
Q Where or to whom at the Judicial Council
should local courts send their annual updates to
the Local County Bail Schedule?
A In accordance with the California Rules of
Court 4.102, after a court adopts a countywide
bail and penalty schedule under Penal Code
section 1269b, the court must, as soon as
practicable, mail a copy of the schedule to the
Judicial Council with a report stating how the
revised schedule differs from the council’s
uniform bail and penalty schedule. These
should be sent to:
Criminal Justice Services
Judicial Council
455 Golden Gate Avenue
San Francisco
CA 94102-3688
A 2 Bail Schedule May 13,
2013
Q Where can I find the details/rules/requirements
for public notice of the Local County Bail
Schedule?
A Refer to the California Rules of Court (CRC)
Rule 10.613, which can be found at
http://www.courts.ca.gov/cms/rules/index.cfm?
title=ten&linkid=rule10_613. The CRC
provides public notice requirements for the
adoption of local rules, including the adoption
of a local county bail schedule.
5
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 3 Bail Schedule July 9,
2014
Q If the Vehicle Code only mandates fine
amounts, is the Uniform Bail and Penalty
Schedule just a suggested amount?
A No. Under Vehicle Code section 40310 and
Penal Code (PC) section 1269b(c), courts are
required to follow the Judicial Council’s bail
schedule for traffic infractions unless there are
reduced penalties that apply in the county.
Option counties, as defined by Section 77004
of the Government Code, may elect to increase
the bail under PC section 1463.28; or a judicial
officer may exercise discretion in sentencing
for an individual case. The Judicial Council’s
bail schedules for traffic misdemeanors and
non-traffic violations provide
recommendations for courts to follow in
adopting county bail schedules under
PC section 1269b.
California Rules of Court, Rule 4.102, requires
courts to give consideration to the Uniform
Bail and Penalty Schedules approved by the
Judicial Council when adopting local county
bail schedules. Under Rule 4.102, after
adoption of a local county bail schedule, a
court is required to mail a copy of the local bail
schedules to the Judicial Council with a report
stating how the schedules differ from the
schedules approved by the council. This Rule
can be found at
http://www.courts.ca.gov/cms/rules/index.cfm?
title=four&linkid=rule4_102.
A 4 Bail Schedule June 13,
2017
Q Why does the Uniform Bail and Penalty
Schedule not apply to all counties?
A Penal Code section 1463.28 allows for
specified counties to adopt a bail schedule that
exceeds the Uniform Bail and Penalty
Schedule.
6
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 5 Bail Schedule May 15,
2018
Q If the base fine of an infraction violation is not
stated in the Uniform Bail and Penalty
Schedule or in any statute code, what base fine
amount should we impose? Is there a statute
code associated with that?
A The Uniform Bail and Penalty Schedule
contains the most common violations, but it
does not include all violations.
However, pursuant to Penal Code section 19.8,
infractions are punishable by a fine not to
exceed $250, unless a different punishment is
prescribed.
A 6 Civil
Assessment
January 6,
2017
Q When notice of Failure to Appear or Failure to
Pay is sent to a defendant, is the civil
assessment already included, or is the civil
assessment added after 20 days?
A Under Penal Code section 1214.1(b)(1), the
civil assessment is imposed by the court to be
effective 20 calendar days after mailing of a
notice of the assessment. If the defendant
appears within the 20 days and shows good
cause for the failure to appear or failure to pay,
the court must vacate the assessment.
A 7
Community
Service/
Custody Credit
May 13,
2013
Q
When judges order community service in lieu
of a fine, they are ordering the service for the
total amount of the fine. Should judges be
ordering community service for the fine
amount, and then waiving the assessment fees
separately on the record?
A The court operations assessment (previously
known as a court security fee) under Penal
Code section 1465.8 and the criminal
conviction assessment under Government Code
section 70373 are mandatory fees that must be
imposed for each conviction (People v. Woods
(2010) 191 Cal.App.4th 269). No authorities
expressly authorize a court to convert these
assessments to community service or to waive
the assessments after imposition when a
defendant is referred to community service for
the underlying fine.
7
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 8 Cost Analysis July 6,
2017
Q How often should cost studies be updated?
A We are not aware of a statute or policy that
addresses how often to update cost studies.
Nevertheless, cost studies should reflect the
current actual operating costs for performing a
specific activity. As the major component of
operating costs will likely come from labor
costs, entities should consider preparing a new
cost study whenever a material change in labor
cost or the level of effort associated with the
specific activity occurs.
A 9 Court Minute
Record
May 15,
2013
Q When fines and fees are ordered, is the
judge/commissioner required to state each one
on the record?
A Yes. For penalty assessments and the 20% state
surcharge, it is an acceptable practice for bench
officers to use a shorthand reference to
“penalty assessments” and rely on the trial
court clerk to specify the penalties and
surcharge in appropriate amounts in the
minutes and the abstract of judgment (People
v. Sharret (2011) 191 Cal.App.4th 859).
For criminal conviction and court operation
assessments, the trial court is required to orally
impose the assessments for each of the counts
of which defendant is convicted, including the
stayed counts (People v. Sencion (2012) 211
Cal.App.4th 480, 484).
A 10 Court Minute
Record
May 12,
2015
Q If there are more than three convictions for
violation of the Health and Safety Code, but
only a $150 county drug program fee is
ordered, can a clerk add fees for the other two
convictions?
A Unless delegated authority to the clerk is
clearly outlined in a standing order, the clerk
should charge only the amount ordered, as
stated on the minute order.
8
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 11 Court Minute
Record
May 12,
2015
Q Is it acceptable for a judge to state “plus all
penalties and assessments” or must the judge
cite each one?
A Pursuant to People v. High (2004), 119 Cal.
App. 4
th
1192, it is necessary for a judicial
officer to verbally cite all fines and fees and
abstract them as separate fines, fees, penalties,
assessments, and/or surcharges to prevent
mistakes or ambiguity.
A 12 Distribution
April 18,
2013
Q If our court finds an error in a distribution or
various distributions, we make the changes in
the distributions going forward. How far back
must we go to make the corrections to the
distributions? The current fiscal year? Or as far
back as the last audit?
A The corrections must be made as far back as
the last SCO audit.
A 13 Distribution July 15, 2013 Q If a citation is issued pursuant to the California
Code of Regulations, how do I determine
distribution?
A Unless the regulation or the statute that it
enforces specifies a distribution method, the
citation will be distributed pursuant to
Penal Code section 1463.001.
9
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 14 Distribution June 3, 2016 Q Are fines for violations of California Code of
Regulations chapters, which are based on the
Fish and Game Code (F&G), distributed as
F&G fines or as basic criminal fines?
A F&G section 13003 governs these
distributions, and states, in part:
Unless otherwise provided by law, all fines and
forfeitures imposed or collected in any court of
this state for violations of any of the provisions
of this code or regulation made pursuant
thereto, or any other law providing for the
protection or preservation of birds, mammals,
fish, reptiles, or amphibia, shall be deposited as
soon as practicable after the receipt thereof with
the county treasurer of the county in which the
court is situated…..
A 15 Distribution June 3, 2016 A Does the additional penalty per Fish and Game
Code (F&G) section 12012 apply to CCR Title
14 Fish and Wildlife violations?
Q Yes. F&G section 12012 states:
In addition to any assessment, fine, penalty, or
forfeiture imposed pursuant to any other
provision of law, an additional penalty of
fifteen dollars ($15) shall be added to any fine,
penalty, or forfeiture imposed under this code
for a violation of this code or a regulation
adopted pursuant thereto.
A 16 Distribution June 3, 2016 Q How do county/city local ordinances apply to
specific fine and forfeiture distributions? For
example, Food and Agriculture Code (F&A)
section 31663 applies to violations of
F&A sections 31601 through 31683. Should
we include county/city local ordinances on
dangerous or vicious dogs with this type of
distribution?
A Local ordinances do not supersede
distributions listed in statute; they can only
complement the distributions directed in
statute. As to fines, when permitted by statute,
local ordinances may specify fine amounts
when they are not specified by statute.
10
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 17 Enhancements May 13,
2013
Q What is the statute or basis for the base fine
enhancement for “priors” noted in Bail
Schedule section VII of the Uniform Bail and
Penalty Schedule?
A Under Vehicle Code section 40310, the
Judicial Council is authorized to establish a
uniform traffic penalty schedule that is
applicable to all non-parking Vehicle Code
infractions. Section 40310 provides the council
with the authority to establish uniform penalty
enhancements for prior Vehicle Code
infraction convictions where the code does not
specify an amount.
A 18 Enhancements May 15,
2018
Q Must the $15 penalty pursuant to
Fish and Game Code (F&G) section 12021 be
assessed on fishing-without-a-license cases?
Years ago, our court was informed that it must
be added on all F&G violations except fishing
without a license.
A F&G section 12021 states that the $15 penalty
shall apply to all Fish and Game Code
violations except F&G section 12002.1(b) and
F&G section 12002.2(b), which govern cases
where persons charged with failure to display
or possess a required license, tag, seal, or
stamp, produce a valid license, tag, seal, or
stamp in court. In addition, the penalty does
not apply to violations of regulations governing
wearing or displaying a fishing license.
However, the penalty would apply if the
violator does not have the appropriate license.
A 19 Enhancements May 16,
2018
Q Is there an enhanced fine for Vehicle Code
violations in a school zone? We often receive
violations in a school zone, but could not find
any information governing them in the
Uniform Bail and Penalty Schedule or statutes
on additional enhancement.
A No, there are no enhanced fines for violations
in school zones.
11
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 20 Jurisdiction April 1,
2013
Q How should we handle distribution of “out of
county” citations?
A The arresting agency’s jurisdiction would
receive the funds (53 Ops. Cal. Atty. Gen. 29
(1969)).
A 21 Jurisdiction April 1,
2013
Q When a police officer who is employed by one
city writes a ticket in another city, which city
has jurisdiction?
For example, when a police officer of City A
writes a ticket in City B, which city gets the
money—City A, as that officer’s employer, or
City B, in whose jurisdiction the officer wrote
the ticket?
Please clarify whether we should distribute
based on the location of an arrest when
distributing per Penal Code section 1463.001.
We have agencies that frequently do traffic
enforcement in jurisdictions other than their
own.
A Unless otherwise specified by law, the
arresting agency. In the example above,
distribution would be to the arresting agency,
City A (53 Ops.Cal.Atty.Gen. 29 (1969)).
12
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 22 Jurisdiction April 1,
2013
Q If the city has a police department and the
California Highway Patrol (CHP) writes a
citation in that city, is the county exempt from
sending the city revenue under
Penal Code section 1463.002?
In other words, when the city has its own
police department, does all the revenue go to
county?
A The location that the CHP officer writes on the
citation determines whether the arrest is
considered a “city arrest” or a “county arrest,”
as defined in Penal Code (PC) section 1463. If
the CHP officer cites the location of the
violation as occurring within city limits, then
the arrest is considered a “city arrest;”
otherwise, the arrest is considered a “county
arrest.” Distribution will follow
PC section 1463.001 and PC section 1463.002.
For more information on distribution of
PC section 1463.001 collections, refer to
SCO’s Trial Court Revenue Distribution
Guidelines.
13
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 23 Jurisdiction May 12,
2015
Q When schools issue DUI and speeding
citations, are they enforceable by the court, or
must fines collected be remitted to the local
court/county?
A Statutes that govern citations for infractions
and Vehicle Code violations authorize peace
officers to issue Notices to Appear to be filed
with the court.
As defined under both the Education Code
(sections 38000 et seq.; 72330 et seq.; 89560 et
seq., and 92600 et seq) and the Penal Code
(sections 830 et seq.), peace officers include:
1) persons employed and compensated as
members of a police department of a school
district, when duly sworn; 2) members of a
California Community College police
department; 3) any peace officer employed by
a K-12 public school district who has
completed training as a school police officer;
and 4) members of the University of California
Police Department or the California State
University Police department. Citations issued
by these peace officers should be treated in the
same manner as citations issued by local peace
officers.
A 24 Jurisdiction June 3, 2016 Q Are arrests made by the University of
California (UC) and California State
University (CSU) police departments
considered “city” arrests or “county” arrests?
A Penal Code (PC) section 830.2 indicates that
UC and CSU police personnel qualify as
“state” officers. PC section 1463 states that an
arrest by a state officer (other than a California
Highway Patrol officer within city limits)
would be a “county” arrest.
14
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 25 Jurisdiction June 13,
2017
Q When cities disband their police agencies and
establish contracts with the County Sheriff for
patrol services, who is entitled to the revenue
distribution? If the city pays the Sheriff for
services, should the city receive the
distribution in these contractual circumstances?
A
Unless agreed to otherwise, the Sheriff, as
contracted law enforcement, should be paid the
amount stipulated in the contract for the
specified services. Any revenue collected from
citations issued by the contracted law
enforcement within city limits should be
distributed to the city.
A 26 Juvenile May 13,
2013
Q Do fines and penalties apply to juveniles?
A Courts may impose fines, penalty assessments,
and the state surcharge on juvenile offenses.
However, the $40 court operations assessment
imposed pursuant to
Penal Code section 1465.8, the criminal
conviction assessment imposed pursuant to
Government Code (GC) section 70373, and the
Emergency Medical Air Transportation penalty
imposed pursuant to GC section 76000.10 may
only be imposed with a conviction.
Therefore, these three assessments may not be
imposed for juvenile violations that do not
result in convictions when they are adjudicated
in Informal and Juvenile Traffic Court under
Welfare and Institutions Code section 255.
(See Egar v. Superior Court (2004) 120
Cal.App.4th 1306, which held that juvenile
court’s adjudications of misdemeanors were
not convictions for a criminal offense within
meaning of statute imposing court security fee,
the predecessor to the court operations
assessment.)
A 27 Juvenile May 12,
2015
Q How does distribution differ between juvenile
and adult cases?
A There is no difference between the distribution
of fines from adult court and fines from
juvenile cases that are heard in adult court.
15
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 28 Juvenile May 12,
2015
Q On a juvenile DUI, which fees are not
applicable?
A The Criminal Conviction Assessment and
Court Operations Assessment are imposed
upon conviction and are applicable to juvenile
DUI cases only if the case was heard in adult
court and resulted in a conviction.
A 29 Juvenile June 3, 2016 Q Does the mandatory State Penalty per Vehicle
Code section 40310 apply to juveniles
processed in juvenile court because it applies
to infractions?
A Yes. The mandatory state penalty in
Penal Code section 1464 is not contingent
upon conviction per se;, therefore, according to
Welfare and Institutions Code section 258, a
juvenile may be subject to the same fine as an
adult, except as specified.
A 30 Juvenile June 12,
2017
Q Are penalties and assessments required for
juvenile traffic offenses? The court currently
imposes only the adult base fine, distributed
per Penal Code section 1463.002.
A Generally, penalties and assessments are
required for juvenile cases. The difference
between juvenile and adult assessments is that
only those assessments imposed upon
conviction, such as the criminal conviction and
court operations assessments, are not assessed
on juveniles unless their cases are adjudicated
in adult court.
A 31 Late Penalty
under
VC 40310
April 18,
2013
Q How long has the 50% late penalty listed in
Vehicle Code (VC) section 40310 been
required?
A The language requiring the 50% late fee was
first added to VC section 40310 effective
September 15, 1992.
16
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 32 Late Penalty
under
VC 40310
April 18,
2013
Q Where is the 50% late penalty distributed?
A The 50% late penalty is distributed
proportionately to the same funds as the initial
penalty. For more information on the
distribution of VC section 40310 collections,
refer to SCO’s Trial Court Revenue
Distribution Guidelines.
A 33 Late Penalty
under
VC 40310
July 9, 2014 Q The late penalty imposed pursuant to
Vehicle Code (VC) section 40310
(50% late penalty) applies 20 days after a
notice is sent. What happens if no notice is
sent?
A If the court has not mailed a notice that the
traffic penalty has been assessed by the court,
then a late charge cannot be added.
Under VC section 40310, a 50% late charge is
due from the defendant after 1) the court has
mailed a notice informing the defendant that
the court has assessed a traffic penalty; and
2) the defendant fails to pay the traffic penalty
within 20 days of the mailing of this notice.
A 34 Late Penalty
under
VC 40310
June 3, 2016 Q Does the 50 % late penalty authorized by
Vehicle Code (VC) section 40310 apply to
non-adjudicated traffic cases (FTAs)?
A No, the 50% late penalty does not apply to
FTAs. In traffic cases, if a case is adjudicated
and payment is not made within 20 days of
notice of a judgement, then the mandatory 50%
late charge under VC section 40310 applies.
17
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 35 Legislation January 6,
2017
Q How will we be notified about statutory
changes that affect distributions?
A The California Legislative Information website
provides useful tools to keep track of statutory
changes. An example is the My Subscriptions
tab on http://leginfo.legislature.ca.gov/.
In addition to the annual revision of SCO’s
Trial Court Revenue Distribution Guidelines,
the SCO also posts addenda to the Guidelines,
including any changes in court revenue
distribution statutes that would take effect
before the next revision of the Guidelines.
A 36 Legislation April 1,
2013
Q How can the probation department receive
notification of distribution changes?
A Refer to A-33, immediately above. Probation
departments may also ask courts to provide
them with updates to distribution tables.
A 37 Legislation January 6,
2017
Q Do any resources exist that list the sunset dates
(other than the individual code sections) for all
fines/fees/penalty assessments that have end
dates?
A The Trial Court Revenue Distribution
Guidelines, found on the SCO website,
highlights the sunset dates of some code
sections that have specified them. However, it
is important that you check current code, as
more recent legislation may have taken effect
since the last update.
A 38 Mandatory
Assessments
April 1,
2013
Q When must a court assess a fine or fee?
A When the statute requires the fine or fee
(mandatory language such as must, shall, will)
and/or it is a minimum mandatory amount.
18
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 39 Mandatory
Assessments
July 9,
2014
Q If a fine is mandatory (e.g., County Drug), is
the penalty assessment also mandatory?
A Yes. Applicable penalty assessments are
mandatory for criminal fines.
See People v. Castellanos (2009) 175
Cal.App.4th 1524. If a fine is imposed and
suspended, Penal Code section 1464(b)
requires that penalty assessments be reduced in
proportion to the fine suspension.
A 40 Priority January 6,
2017
Q How should we apply payments to traffic
citations if a defendant owes many citations?
A The priority level applies to installment
payments and is not determined by the type of
crime, but rather the purpose to which the
funds will be applied.
For more information on the priority of a
specific court revenue distribution, refer to
SCO’s Trial Court Revenue Distribution
Guidelines (pages 5-6). A column is solely
dedicated to indicating the priority of
distribution.
A 41 Priority April 18,
2013
Q If there are multiple court orders, including
restitution and non-restitution charges, in what
order should a defendant make payments?
Should the defendant 1) pay restitution first to
all the court orders, and then pay all the non-
restitution charges; or 2) pay restitution to the
oldest court order first, then pay the associated
non-restitution charges, before paying
restitution to the next court order?
A The defendant should pay restitution first to all
the court orders.
A 42 Priority April 18,
2013
Q Is there a payment priority for Vehicle Code,
Penal Code, Health and Safety Code, etc. for
multiple offenses?
A No, these payments follow regular distribution.
19
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 43 Priority April 18,
2013
Q Should a defendant pay the monthly work fee
or restitution to victims first?
A The defendant should pay restitution to victims
first.
A 44 Priority April 18,
2013
Q In the installment payment priority, must all
payments be applied to court-ordered fines
before they can be applied to county-imposed
fees (such as probation supervision fees and
reports costs)?
A Yes. Fines fall within priority 3, and fees
typically fall within priority 4.
A 45 Priority April 18,
2013
Q How long have distributions per
Penal Code section 1463.18(a)(1) been the top
priority in Priority 3?
A Distributions per this section have been the top
priority since AB 3000, which established the
priority of installment payments, was enacted
in 2002.
A 46 Priority May 14,
2013
Q What priority level should these penalties/
assessments be:
A. Government Code (GC) section 70372(a)
– State Court Construction Penalty – the
portion distributed to the Immediate and
Critical Needs Account; and
B. GC section 70373 – Criminal Conviction
Assessment
AA. The state court construction penalty is
included in priority 3. Per Penal Code
section 1203.1d(b)(3), priority 3 applies to
any fines, penalty assessments, and
restitution fines ordered pursuant to
subdivision (b) of Section 1202.4 of the
Penal Code. Payment of each of these
items shall be made on a proportional
basis to the total amount levied for all of
these items.
B. The criminal conviction assessment is a
non-punitive fee, and therefore is included
in priority 4.
20
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A
47
Priority
July 16, 2013
Q If payments are made via installments, is
distribution with proration by priority correct?
For example, if an account receivable (A/R)
has the following:
20% Surcharge (Priority 2): $20
Base Fine (Priority 3): $100
County Penalty Assessment (PA)
(Priority 3): $30
State Courthouse Construction
(Priority 3): $50
State PA (Priority 3): $70
Court Operations Assessment
(Priority 4): $40
Criminal Conviction (Priority 4): $35
The defendant pays $50, which is distributed as
follows:
The 20% Surcharge ($20) is paid in full, as
it has the highest priority.
The remaining $30 is then distributed
among the Priority 3 items. We use a
percent to total to distribute the monies
equitably. In this case, Priority 3 items
total $250 ($100 + $30 + $50 + $70). The
distribution is as follows:
o The Base Fine is 40% of $250; that
percentage is applied to the $30
balance, with a result of $12.
o The County PA is 12% of $250; that
percentage is applied to the $30
balance, with a result of $3.60.
o The State CHC is 20% of $250; that
percentage is applied to the $30
balance, with a result of $6.
o The State PA is 28% of $250; that
percentage is applied to the $30
balance, with a result of $8.40.
21
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 47
(cont.)
Priority July 16, 2013 A In general, there are no priorities within a
priority level, and the installment payment
would be equitably distributed between the
various penalties and assessments. However,
there is an exception within Priority 3,
regarding distribution pursuant to Penal Code
section 1463.18 for DUI violations. After
priorities 1 and 2 have been paid, this
distribution must occur before the remaining
Priority 3 distributions are made.
A 48 Priority May 16,
2018
Q When there are multiple court orders, including
orders to pay restitution to victims and orders
to pay other non-victim restitution amounts,
what should the priority of the payments be?
A Constitutional and statutory authority require
that restitution orders, or parts of orders, be
given first priority of distribution. When
money is collected from a defendant for
multiple orders, the restitution orders, or parts
of orders, are to be paid first. Only when the
restitution orders have been satisfied may
money be disbursed to pay the defendant’s
other court debts in the order set forth for those
amounts.
Therefore, even if a defendant has an older
case without a restitution order and a more
recent case with a restitution order, the victim’s
restitution order must be paid first. In cases
with multiple victims, the restitution orders, or
parts of orders, should be paid before other
non-victim restitution amounts.
However, payments made and distributed prior
to the imposition of the restitution order do not
have to be redistributed.
22
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 49 Priority June 3, 2016 Q Are distributions to cities, the
Maddy Emergency Medical Services Fund, and
the Criminal Justice Facilities Fund under
Vehicle Code 42007 a priority 4 or a priority 3
for installment payments?
A All distributions of Traffic Violator School
fees pursuant to Vehicle Code section 42007
are Priority 4.
A 50 Probation May 17,
2013
Q Should fines and penalties be assessed
separately for probation?
A Fines and penalties are always assessed
together. For probation, non-punitive court fees
may be assessed separately from fines and
penalties. The court operations assessment
imposed pursuant to Penal Code section 1465.8
and the criminal conviction assessment for
court facilities imposed pursuant to
Government Code section 70373 are non-
punitive fees that are not part of probation.
See People v. Shiseop Kim (2011) 193
Cal.App.4th 836, ruling that the court facilities
(conviction) assessment imposed on a
conviction should be separately imposed and
not made a condition of probation;
People v. Pacheco (2010) 187 Cal.App.4th
1392, holding that a trial court could not make
payment of court security fee (court operations
assessment) a condition of the defendant’s
probation because the fee had a non-punitive
purpose and was collateral to the defendant’s
crimes; and People v. Woods (2010) 191
Cal.App.4th 269, holding that there was no
authority that allowed a court facilities
(conviction) assessment, restitution fine, and
court security fee to be stayed when the
defendant was placed on probation.
23
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 51 Probation April 18,
2013
Q If Probation uses a vendor-operated phone-in
reporting system, the vendor charges the
offender a $4 fee, and Probation increases that
fee to $10, can the excess $6 be applied to
Penal Code (PC) section 1203.1b – cost of
probation fee before it is applied to the Priority
distribution?
NOTE: Probation would discount the court-
ordered PC section 1203.1b fee by an amount
equal to that charged for phone-in reporting.
A No; the excess must be distributed pursuant to
the priorities outlined in PC section 1203.1d,
and would fall under priority 4.
A 52 Probation January 1,
2016
Q Under Penal Code section 1203.9, if a
defendant owes court-ordered debt to both a
transferring county and a receiving county,
how is that money collected and disbursed?
A Effective January 1, 2016, the Transferring
Court is responsible for the collection and
distribution of any payments made by the
defendant. However, with approval from the
Transferring Court, the Receiving Court may
collect unpaid court-ordered debt and remit to
the Transferring Court for distribution. See
“Intercounty Fiscal Procedures” at
http://www.courts.ca.gov/partners/455.htm.
A 53 Probation May 12,
2015
Q Can the court order probation service fees?
A The court may order probation service fees
only on formal probation cases.
24
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A. 54 Probation May 12,
2015
Q Are Penal Code (PC) section 1463.001
distributions, in cases of formal probation with
fines owed, exempt from the city-county split
(unlike summary probation cases)?
A All fines and forfeitures imposed and collected
for crimes other than parking offenses are
distributed pursuant to PC section 1463.001.
Base fines without specific distributions are
distributed 100% to the county for county
arrests, and are split between the city and
county for city arrests, pursuant to
PC section 1463.002.
A 55 Probation May 12,
2015
Q If probation expires but fines are outstanding,
who is responsible for pursuing collection?
A Whichever agency is responsible for pursuing
collection of delinquent court-ordered fines,
depending on the arrangements made by each
county and court.
A 56 Probation January 1,
2018
Q When a defendant is terminated from deferred
entry of judgment (DEJ) and placed on formal
probation with fines and fees ordered, must the
defendant pay DEJ fees in addition to new
fines and fees on the same case?
A Penal Code section 1000.3(e) states:
Prior to dismissing the charge or charges or
terminating pretrial diversion, the court shall
consider the defendant’s ability to pay and
whether the defendant has paid a diversion
restitution fee pursuant to Section 1001.90, if
ordered, and has met his or her financial
obligation to the program, if any. As provided
in Section 1203.1b, the defendant shall
reimburse the probation department for the
reasonable cost of any program investigation or
progress report filed with the court as directed
pursuant to Sections 1000.1 and 1000.2.
Based on this language, the defendant is
responsible for the new fines and fees as well
as the DEJ fees, but the court must consider the
defendant’s ability to pay.
25
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 57 Resources April 18,
2013
Q Where can I find information on the
percentages of a fine distribution to the county,
city, etc.?
A The Trial Court Revenue Distribution
Guidelines document on the SCO website
provides this information; it is available at
http://sco.ca.gov/ard_trialcourt_manual_guidelines.
html. Refer to current legislation to verify
accuracy.
A 58 Resources December 9,
2015
Q Where can we find a list of what is defined as a
“fee” vs a “fine?” We have heard different
courts define the terms differently.
A Unfortunately, there is no separate list that
specifies those amounts treated as fees vs.
those treated as fines.
However, the Trial Court Revenue Distribution
Guidelines, located on the SCO website, do
indicate when an assessment labeled as a fee is
to be treated as a fine, as well as the reverse.
Refer to specific entries in the Guidelines for
additional information.
A 59 Resources December 9,
2015
Q Where can we find a list of current fines/fees
that have sunset dates?
A There is no separate list of sunset dates for
fines and fees. However, the Trial Court
Revenue Distribution Guidelines do indicate
the sunset date for individual code sections,
where appropriate.
26
Cat.
Q
No.
Keywords
Response as
of Date
Questions and Responses
A 60 Resources June 3, 2016 Q Who do we contact at the SCO for questions
about 50/50 Maintenance of Effort (MOE)
excess, and to acquire the electronic version of
the annual report?
A Questions regarding the distribution of trial
court revenue, including the calculation and
distribution of MOE excess, may be submitted
Questions related to the TC-31 may be
submitted to [email protected].
The annual report is from the Judicial Council
of California, and may be requested from
27
Category B: Trial Court Revenue Distribution Guidelines
Cat. Q No. Keywords
Response
as of Date
Questions and Responses
B 1 Distribution
Guidelines
April 18,
2013
Q When will the SCO issue an updated version of the
Trial Court Revenue Distribution Guidelines?
A We anticipate that the Guidelines will be updated in
January of each year.
B 2 Distribution
Guidelines
April 18,
2013
Q Why do the Guidelines separate the tables?
A The Guidelines are categorized into tables to address
code sections that share similar exceptions,
conditions, or distributions. Surveys for feedback on
the Guidelines were provided at training sessions
and on the SCO website. Based on the responses
from these surveys, the layout and organization of
the Guidelines may change in future revisions.
B 3 Distribution
Guidelines
April 18,
2013
Q Do the Trial Court Revenue Distribution Guidelines
include discretionary/mandatory language?
A The SCO intends to add this language to future
revisions of the Guidelines.
B 4 Distribution
Guidelines
April 1,
2013
Q When Revision 22 came out in 2010, it appeared that
any changes from the previous version were in bold
font. I just noticed a change that is not in bold font;
should it not be there?
A If you believe that you have found a mistake in the
Guidelines, please contact the SCO at
B 5 Distribution
Guidelines
June 3,
2016
Q Does any single worksheet have all of court/county
codes, penalties, and fine amounts?
A No. Local ordinances, fines, penalties, and fees
differ from county to county. Refer to your local
countywide bail schedule, which courts must adopt
annually to set bail per the requirements that apply to
their jurisdictions.
28
Category C: Statutes
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 1 2%
Automation
May 17,
2013
Q Does 2% automation apply to the penalty
assessment imposed pursuant to
Penal Code section 1463.25?
A Yes. As Government Code section 68090.8 states,
the 2% automation transfer applies to fines,
penalties, and forfeitures collected in criminal
cases.
C 2 2%
Automation
June 3, 2016 Q Which fines are subject to the 2% automation
charge?
A Government Code section 68090.8 states that the
2% automation transfer applies to “all fines,
penalties, and forfeitures collected in criminal
cases.” It does not apply to civil cases, or to fees
imposed in criminal cases.
C 3 50/50 MOE April 18,
2013
Q What will the Excess Maintenance of Effort (MOE)
payment per Government Code (GC) section 77205
be when the total excess MOE is negative, or the
total eligible revenue collection is less than required
MOE payment under GC section 77201.1?
A If the total qualified revenues used to calculate the
50/50 MOE is under the threshold, then no
additional payment is needed.
C 4 50/50 MOE April 18,
2013
Q Why is the threshold amount for calculating the
Maintenance of Effort payment based on fiscal year
1998-99?
A That is what is required in statute
(Government Code section 77205).
29
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C
5
50/50 MOE
July 22, 2013
Q
Regarding the $2 Traffic Violator School (TVS)
allocation from county’s share: what statute clearly
states that the $2 TVS fee –
$1 per Government Code (GC) section 76100 and $1
per GC section 76101 – should come from county’s
share?
A
Pursuant to GC section 77205, the 50/50 split of court
revenue growth should be calculated based on what
would have been remitted to the State pursuant to all
applicable statutes as they read on December 31,
1997.
As of December 31, 1997, Vehicle Code (VC) section
42007(b)(1) stated that the 77% of revenues derived
from TVS fees should be deposited into the State
General Fund before distribution to local construction
funds.
As of December 31, 1997, VC section 42007(b)(2)
stated that the remaining amount collected under
subdivision (a) should be deposited in the county’s
general fund—provided that, in any county in which a
fund was established pursuant to
Chapter 12 of Title 8 of the Government Code, the
sum of one dollar ($1) for each fund so established
was deposited with the county treasurer and placed in
that fund.
In summary, the total distributions to the local
construction funds came out of the county’s 23%
portion of the fee. Therefore, the Maintenance of
Effort calculation should be based on 77% of the total
fee, not 77% of the fee net of local construction
distributions.
C 6 50/50 MOE July 9,
2014
Q
On a red-light violation in the county, is the 30%
distribution to the ticketing agency part of
Government Code (GC) section 77205(a)?
A
The 30% distribution to the ticketing agency is not
part of GC section 77205(a) money.
The 30% allocation is made prior to the Penal Code
section 1463.001 distribution to the county general
fund, so it is separate from the distributions that are
used in the GC section 77205 maintenance of effort
calculations. This means that the 30% distribution is
not a GC section 77205(a) revenue.
30
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 7 50/50 MOE July 9,
2014
Q Are the Courthouse Construction Fund and
Criminal Justice Facilities Fund subject to the 77%
listing on the 50/50 Maintenance of Effort (MOE)
calculation at Vehicle Code section 42007?
A No. The 77% listing is derived from Government
Code section 77205, which details how to calculate
the 50/50 split from the excess revenue of eight
penalty assessments (including VC section 42007)
based on how the code read on December 31, 1997.
At that time, 77% of VC section 42007 collections
went to the State’s General Fund, pursuant to VC
section 42007(b)(1); the remaining 23% went to the
county’s general fund and local construction funds,
pursuant to VC section 42007(b)(2).
The 77% of the VC section 42007 collections
distributed to the State’s General Fund does not
include distributions from the Courthouse
Construction Fund and the Criminal Justice
Facilities Construction Fund.
The $1 to the Courthouse Construction Fund and
the $1 to the Criminal Justice Facilities
Construction Fund should be deducted only from
the remaining 23% of the VC section 42007
collections.
31
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 8 50/50 MOE December 9,
2015
Q Please clarify exactly how Traffic Violator School
(TVS) fees should be reported, given the
prohibition on reducing the calculation basis for the
Maddy Emergency Medical Services Fund,
Courthouse Construction Fund, Criminal Justice
Facilities Fund, and cities. There is a FAQ that
discusses the Construction Fund impacts, but
nothing that explains Maddy and cities. Could you
show how the TVS fees get reported on the ROR,
and the 50/50 split calculation for the Construction
funds, Maddy, and cities?
A Pursuant to Government Code section 77205, the
50/50 split of revenues is calculated based on what
would have been remitted to the State General Fund
pursuant to all applicable statutes as they read on
December 31, 1997.
Prior to 1998, Vehicle Code section 42007 required
that 77% of the TVS fee revenue be deposited into
the State General Fund. The remaining amount
collected was to be deposited in the county’s
general fund. There were no provisions for the
Maddy EMS penalties or distributions to cities for
city arrests. Therefore, the MOE calculation should
be based on 77% of the total TVS fee collected and
deposited into the county general fund, with no
reduction for any distributions from TVS fees.
C 9 Bail Bond
Forfeitures
July 22, 2013 Q What is the correct distribution of bail bond
forfeitures? Are they subject to state/county penalty
assessments, 2% automation, etc.? This seems to be
a common SCO audit finding.
A Health and Safety Code bail bond forfeitures are
subject to 2% automation, pursuant to Government
Code section 68090.8, and the remainder is
distributed 75% to the State General Fund and 25%
to the issuing agency, pursuant to Health and Safety
Code section 11502.
Penal Code (PC) bail bond forfeitures are subject to
2% automation and the remainder is distributed
pursuant to PC sections 1463.001 and 1463.002.
All bail bond forfeitures are exempt from penalty
assessments.
32
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 10 Bail Bond
Forfeitures
July 9,
2014
Q Is there a Penal Code section that provides guidance
on how to distribute criminal bail bond summary
judgments and cash bail forfeitures?
A Summary judgment on bail bond forfeitures is
generally governed by Penal Code (PC) sections
1305, 1306, and 1307. The only special distribution
requirement for summary judgment on forfeiture of
bail bonds for Penal Code or Health and Safety
Code violations is under PC section 1463.009 for
certain Penal Code sex crimes.
Health and Safety Code bail bond forfeitures are
subject to the 2% state court automation distribution
per Government Code (GC) section 68090.8 and
per Health and Safety Code section 11502. The
remainder is generally distributed 75% to state and
25% to the city, if the offense occurred in the city.
If the offense occurred outside the city, then the
25% is distributed to the prosecuting county.
Penal Code bail bond forfeitures are also subject to
the 2% per GC section 68090.8, and the remainder
is generally distributed per PC section 1463.001 and
PC section 1463.002. Bail bond forfeitures are not
subject to penalty assessments.
For further information, see Tables 1, 2, and 3 of
the SCO Trial Court Revenue Distribution
Guidelines. They provide further distribution
guidance for forfeitures, including distribution
pursuant to PC sections 1463.001 and 1463.002,
special distributions prior to PC section 1463.001
distribution, and specific distributions required for
certain violations.
C 11 Base Fine May 13,
2013
Q Why isn’t the base fine simply $40 instead of $35,
so we don’t have to consider “portion thereof?”
A The Judicial Council adopted the $35 base bail/fine
amount for Vehicle Code moving violations before
the various penalty assessment formulas were
enacted. The base bail/fine amount has not been
raised to avoid increasing the total bail in addition
to the higher penalties and fees enacted by the
Legislature.
33
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 12 Board of
Supervisors
April 1,
2013
Q Per Government Code section 76000, regarding the
county’s distribution of the $7 on $10 penalty, the
court gives the county $7 and the county distributes.
Would the court need a resolution in this case?
A No, it would not. However, it is advisable to request
a copy of the resolution for documentation purposes
to support the assessments and distributions that are
made.
C 13 Board of
Supervisors
July 9,
2014
Q Please clarify Government Code (GC) 70402(a)(2)
in relation to GC 76000(a)(2) and the bond
indebtedness date. If the bond indebtedness
occurred after January 1, 1991, but the Board of
Supervisors issued a resolution to remit to the Local
Courthouse Construction Fund, does the Board’s
resolution prevail?
A No. Statutes would prevail.
C 14 Board of
Supervisors
July 9,
2014
Q How frequently must the Board of Supervisors
update resolutions? Only when statute changes?
Annually? Never?
A The Board of Supervisors should update resolutions
as statutes change or when local circumstances
change.
C 15 Board of
Supervisors
May 12,
2015
Q When an amount imposed differs from statute, or it
is not updated on a Board of Supervisor (BOS)
resolution, should the amount be listed in a
resolution?
A If the amount being imposed differs from statute,
then the amount should be referenced in a BOS
resolution or outlined in local policy or rule of court
that states “reference statutory change.”
34
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 16 Board of
Supervisors
June 3, 2016 Q Is it mandatory for counties to break down the
Government Code (GC) section 76000 penalty
assessment ($7 for every $10) in their board
resolutions as it is presented in the distribution
worksheets?
A Yes; funds collected pursuant to GC section 76000
may be allocated only pursuant to resolutions
adopted by the Board of Supervisors, as stated in
GC section 76106:
With respect to any fund established pursuant to
this chapter, the penalty amounts to be deposited in
the fund shall be specified by resolution adopted by
the board of supervisors of each county consistent
with the authorizations set forth in this article and
Article 3 (commencing with Section 76200). The
resolution shall set forth the amounts to be placed
in the fund and shall instruct the clerk of the board
of supervisors to transmit, on the next business day
following the adoption of the resolution, a copy of
the resolution to the clerk of each court in the
county.
35
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 17 Civil
Assessment
April 1,
2013
Q How is the civil assessment assessed and
distributed?
A Penal Code (PC) section 1214.1 authorizes a court
to impose a civil assessment of up to $300 against
any defendant in an infraction, misdemeanor, or
felony case who fails, after notice and without good
cause, to appear at an authorized proceeding or to
pay a court-ordered fine (PC section 1214.1(a)).
Before any such assessment becomes effective, a
court must give the defendant at least a 20-day
warning, during which time the defendant may
appear and show good cause for his or her prior
failure to appear or pay a fine. If such a showing is
made, the court must vacate the assessment
(PC section 1214.1 (b)).
Government Code (GC) section 68085.1(b) requires
each superior court to deposit specified fees and
fines into a JCC-established bank account “as soon
as practicable after collection and on a regular
basis.” If a county collects civil assessments, it must
deposit those amounts into the same
JCC-established bank account
(GC section 68085.1(b)). All sums deposited into
the bank account are transmitted to the JCC and
reported on the TC-145. Under a policy it adopted
in August 2007, the Judicial Council allocates net
civil assessment revenue to the court that imposed
the civil assessment.
C 18 Civil
Assessment
May 12,
2015
Q If a civil assessment is the only fine or fee ordered
by the judge, can we add it to the state restitution
fine even if the restitution fine is delinquent?
A Yes. The civil assessment may be added to
delinquent fines.
36
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 19 Civil
Assessment
July 6,
2017
Q Can we add a civil assessment for Failure to Pay
when a defendant has not agreed to a payment plan?
We have many defendants who send partial
payment in response to the courtesy notice stating
the fine for a ticket, then fail to pay the
balance. There is no payment plan or agreement.
May we accept the underpayment and also civilly
assess a $300 fee?
A The court may accept the partial payment, but may
impose a civil assessment for failure to pay only
after a conviction and imposition of a fine or a
written agreement to pay bail under Vehicle Code
(VC) section 40510.5 (Penal Code section 1214.1).
VC section 40510.5(a)(4) requires a written
agreement. Nevertheless, the court may impose a
civil assessment for failure to appear in the cases
described, assuming that the defendant did not
appear as promised or post and forfeit the full bail
when an appearance was not mandatory.
When a defendant fails to appear in court or fails to
contact the court by the due date on the citation or
notice, the court may adjudicate a traffic case by
proceeding with a Trial by Declaration in Absentia
pursuant to VC section 40903. The cases are
submitted to the judicial officer , and, upon review,
the judicial officer finds the defendant guilty or not
guilty based on information in the Notice to
Appear. A decision notice is sent to the defendant;
if the defendant does not respond within 25 days, a
$300 failure to pay civil assessment is imposed
pursuant to Penal Code section 1214.1.
C 20 Civil
Assessment
June 3, 2016 Q When a defendant becomes guilty of misdemeanor
for Failure to Pay, should we automatically impose
the $300 civil assessment in addition to the $50
base fine plus penalty assessments per
Vehicle Code section 40508(b)?
A No. Imposing the civil assessment is a discretionary
act by the court.
37
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 21 Civil
Assessment
June 3, 2016 Q Can we assess more than one civil assessment? For
example, the defendant received notice for Failure
to Appear. Civil Assessment was entered, the
defendant Failed to Pay, and the case turned to
collection. Can we assess another civil assessment?
A Penal Code section 1214.1 allows for civil
assessments to be imposed for failure to appear in
court or for failure to pay a fine or installment of
bail, as specified. Provided that the assessment is
levied for separate actions, it may be imposed on
more than one occasion.
38
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 22 Community
Service/
Custody
Credit
January 6,
2017
Q Can work service or jail time be applied to State
Restitution, the Criminal Assessment, and the Court
Operations assessment in lieu of the fine? If not,
would you indicate the relevant statute?
A Jail time credits may not be applied to either the
criminal conviction assessment for court facilities
or court operations assessment, which are non-
punitive. (See People v. Robinson (2012) 209
Cal.App.4th 401, ruling that a defendant's
presentence custody credits that exceeded the
maximum term of imprisonment available for the
offense could not be used to offset the court
facilities assessment for conviction, since the
assessment is non-punitive.)
Penal Code (PC) section 2900.5(a) provides that jail
time credits for misdemeanor and felony
convictions are first applied to the term of
imprisonment imposed and the remaining days are
applied to the base fine.
PC section 1205, which authorizes the jailing of
defendants until the fine owed is satisfied, excludes
the conversion of restitution fines to custody
credits.
No cases directly address whether the criminal
conviction assessment or court operations
assessment may be converted to community
service. The answer may depend on whether the
violation is an infraction or a convicted offense with
probation.
For infractions, PC section 1209.5 allows
conversion to community service of all
“assessments, penalties, and additional monies to be
paid by the defendant.” When probation is granted
for an offense, PC section 1205.3 authorizes the
conversion of fines (including restitution fines) to
community service, but does not authorize the
conversion of fees to community service.
39
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 23 Community
Service/
Custody
Credit
January 6,
2017
Q If a defendant is ordered to do community service
on the whole fine amount but completes only partial
community service, what part is community service
and what part is paid?
A Under Penal Code section 1205.3, community
service is performed as a condition of probation.
If community service work is performed in place of
fines, then the amount of the base fine shall be
reduced on a proportional basis. The penalties and
state surcharge will be recalculated on the basis of
the remaining base fine. Any non-punitive
assessments shall not be reduced, if the violation is
a felony or misdemeanor
C 24 Community
Service/
Custody
Credit
December 9,
2016
Q AB 2839 requires that custody credits be reduced
from the base fine for criminal offenses. Do custody
credits also reduce the additional fees per
Health and Safety Code sections 11372.5 and
11372.7 that are added to the base fine for health
and safety violations; and the fees pursuant to
Penal Code sections 1463.14(a), 1463.16, and
1463.18 that are taken from the base fine on DUI
violations?
A Yes. Everything that goes into a base fine is
reduced by the new credit, and then the additional
fines, fees, penalties and assessments are
recalculated at the rate of the new lower base fine.
C 25 Court
Operations
Assessment
July 23, 2013 Q Can the county enact its own Court Security Fee?
Even after Realignment, the State is still paying the
counties but more research is needed.
A Currently, the Court Security Fee (which has been
renamed the Court Operations Assessment per
Penal Code section 1465.8) is distributed to the
Trial Court Trust Fund to fund trial court
operations. For the county to enact its own
assessment, legislation must be enacted authorizing
counties to make this specific assessment.
40
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of Date
Questions and Responses
C 26 Court
Operations
Assessment
May 15,
2013
Q Should we assess the Court Operations Assessment
on each violation, including those that are
dismissed?
A Yes, unless the charge is dismissed upon acquittal.
The court operations assessment (formerly the court
security fee) under Penal Code section 1465.8 and
the criminal conviction assessment under
Government Code section 70373 are mandatory
assessments that must be imposed for each
conviction (People v. Woods (2010) 191
Cal.App.4th 269).
A trial court is required to orally impose the
assessments as to each count for which a defendant
is convicted, including those stayed under statutes
prohibiting multiple punishments (People v.
Sencion (2012) 211 Cal.App.4th 480).
Several cases have ruled on the mandatory nature of
the assessments for each conviction. Assessments
are mandated for each of the defendant's
convictions, even when the sentence on a count is
stayed; and also for crimes that were committed
prior to the operational date of the assessment
statutes. Thus, the Court of Appeal could modify
the judgment to reflect the imposition of the
assessments and amend the abstract of judgment to
reflect the modified judgment (People v. Crabtree
(2009) 169 Cal.App.4th 1293.).
A trial court imposing the assessments on a
defendant must impose the assessments for each of
defendant's convictions. (People v. Walz (2008) 160
Cal.App.4th 1364.) Moreover, a defendant who
pleaded guilty to nine separate offenses charged in
five different cases was subject to nine assessments,
one for each conviction (People v. Schoeb (2005)
132 Cal.App.4th 861).
41
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Questions and Responses
C 27 Court Ordered
Debt
April 1,
2013
Q What is a clear definition of “court-ordered debt”
relating to traffic and criminal offenses?
A Court-ordered debt is defined as fees, fines,
forfeitures, penalties, restitution, and assessments
related to criminal offenses, including traffic
offenses, by adults and juveniles, as well as status
offenses by juveniles. (Note that parking offenses
cited as an administrative offense on parking tickets
that are not filed with the court are not included.)
The following items are required to be reported on
the Report of Revenues (ROR), but are not court-
ordered debt: fee for recording/indexing documents
(Government Code [GC] section 27361(b));
additional parking penalty on parking tickets that
are not filed with the court (GC section 76000(b));
“900” telephone numbers (GC section 77211);
dissolution of marriage fee (GC section 26859); and
surcharges on parking tickets that are not filed with
the court (GC section 70372(b)).
Report the gross amount of court-ordered debt
collected by the court and/or county. The gross
amount is the total amount collected before any
distributions or adjustments for cost-of-collection
activities (Penal Code section 1463.007). In
situations where only the net amount after
distributions and adjustments can be determined, it
is acceptable to report the net amount. In such
cases, note in the footnotes tab of the ROR that the
net amount is being reported.
Much of the court-ordered debt collected is also
required to be reported by line item elsewhere on
the ROR, but the total amount collected should be
reported on this line. It is anticipated that the total
amount reported on this line will include amounts
not reported elsewhere on the ROR.
42
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 28 Court Ordered
Debt
April 1,
2013
Q Is a traffic ticket (moving violation) a court-ordered
debt?
A A traffic ticket by itself does not create a court-
ordered debt. A traffic ticket results in a court-
ordered debt after a defendant has signed an
agreement to pay or the court has adjudicated the
violation and imposed a sentence.
C 29 Distribution
Guidelines
July 21, 2017 Q In the Guidelines, the distinction of fine vs. fee in
Penal Code (PC) section 1463.14(b) is unclear.
Could you provide a clear definition of each?
A PC section 1463.14(b) is collected as a fine,
because it is identified as a penalty. However, as it
is not subject to state and local penalty assessments,
and is used to pay for the costs of performing blood,
breath, or urine analysis for alcoholic content, it is
distributed as a fee, under Priority 4
C 30 DNA May 15,
2013
Q Is the DNA penalty ($1/$10) assessed as of
violation or conviction date?
A The DNA penalty and other criminal penalties are
assessed as of the violation date. Increasing the
penalty for a crime at the time of sentencing, which
would be after the crime was committed, would
violate ex post facto prohibitions.
(See People v. Voit (2011) 200 Cal.App.4th 1353,
ruling that the defendant’s crimes took place before
enactment of statutes authorizing additional
penalties to fund emergency medical services, the
DNA Fingerprint, Unsolved Crime and Innocence
Protection Act, and Department of Justice forensic
laboratories, and thus the defendant was not subject
to those penalties under ex post facto principles.)
C 31 DUI
Assessments
May 12,
2015
Q Should fees per Penal Code (PC) section 1463.14(a)
and PC section 1463.16 be assessed on all
violations of Vehicle Code (VC) sections 23103
and 23104? If so, when?
A Yes, both fees should be assessed upon conviction
of a violation of VC sections 23103 and 23104; and
$50 of each fine collected should be deposited for
alcoholism program and services.
43
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of Date
Questions and Responses
C 32 DUI
Assessments
June 12,
2017
Q Regarding credit for time served on DUI, what are
the effects on distribution (specifically Penal Code
[PC] sections 1463.14, 1463.16, and 1463.18)?
According to the revenue distribution workbook,
once the base fine is reduced past a certain amount,
negative numbers are populated in the lines for the
PC section 1463.001 base fines distribution. This is
because the lines for PC sections 1463.14, 1463.16,
and 1463.18 are hard-coded as $50/$50/$20.
Shouldn’t these be reduced as well? Which has
priority? Should we be reducing them all
proportionately or should we reduce
PC section 1463.001 first and then reduce the base
reduction fines?
A The distribution worksheets are not set up to
calculate distributions after applying custody
credits.
PC section 1463.18 specifies that the “first $20” of
any amount collected shall be deposited in the
Restitution Fund. Both PC section 1463.14(a) and
PC section 1463.16(a) specify that $50 of each fine
collected shall be deposited in the designated
accounts.
Reductions to the base fine should come first from
PC section 1463.001 until the amount is $120 or
less; then equally from PC section 1463.14(a) and
PC section 1463.16(a) until the amount is $20 or
less; at which point the remaining reduction would
be from PC section 1463.18.
C 33 DUI
Assessments
June 13,
2017
Q Penal Code (PC) section 1463.14(b) is subject to
the defendant’s ability to pay. If a judge reduces a
DUI fine due to credit for time served or judicial
discretions, should this penalty be prorated, based
on priority, along with all of other mandatory
applicable DUI fines and fees; or should this
penalty be assessed separately, if the court
determines the defendant has the ability to pay?
A As the PC section 1463.14(b) penalty is an
additional penalty, it should be assessed separately
if the court determines the defendant has the ability
to pay.
44
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Response as
of Date
Questions and Responses
C 34 EMAT May 15,
2013
Q Why is the $4 Emergency Medical Air
Transportation (EMAT) penalty assessed only once
in a case with multiple violations disposed as traffic
school? Shouldn’t the EMAT penalty follow the
court operations and criminal conviction
assessments of “for every conviction?”
A
The $4 charge for EMAT under Government Code
(GC) section 76000.10(c)(1) is a penalty that is
collected as part of the Traffic Violator School
(TVS) fee for the one offense that receives a
confidential conviction for completion of TVS
under Vehicle Code section 42007.
The administrative assessments for court operations
and criminal conviction, however, are assessments
that must be imposed for each offense that is
resolved by completion of TVS. Both Penal Code
section 1465.8(a)(2) and GC section 70373
expressly provide that the assessments are imposed
for each “conviction,” including the dismissal of a
traffic violation for attendance of TVS.
C 35 Enhancements April 1,
2013
Q The fee per Health and Safety Code (H&S)
section 11372.5 (up to $50), and the fee per H&S
section 11372.7 (up to $150) both act as fines, and
enhance the base fine for penalty assessments and
surcharge calculations. However, if a judge does
not assess a base fine:
1. Can fees for both H&S section 11372.5 and
H&S section 11372.7 be assessed?
2. If yes to No. 1, should penalty assessments
and 20% surcharge be calculated and
assessed? For example, if H&S fees/fines are
$50 each, then there will be $100 resulting in
penalty assessment of $290 ($29 per 10 x 10)
and 20% surcharge of $20 (100 x 20%).
3. If no to No. 1, then should there be only flat
assessments, such as court operations and
criminal conviction assessments, but no
penalty assessment?
45
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 35
(cont.)
Enhancements May 17,
2013
A
1. Yes. Although described in Health and Safety
Code (H&S) section 11372.5 as a criminal
laboratory analysis “fee,” it is a fine (People v.
Sharret (2011) 191 Cal.App.4th 859).
The drug program fee imposed under
H&S section 11372.7 is a “fine” or a
“penalty” (People v. Sierra (1995) 37
Cal.App.4th 1690). The court can impose both
as part of the base fine, either as separate
enhancements to the base fine, or as
independent fines without imposing an
additional base fine amount. On sentencing in
a drug conviction, if there are counts that are
stayed under statutory prohibition against
multiple punishment for crimes arising from
an indivisible course of conduct, then the
criminal laboratory analysis fee for the count
must be stayed since it is punitive in nature
(People v. Sharret (2011) 191 Cal.App.4th
859). The same analysis would apply to the
drug program penalty on stayed counts. To
impose the drug program penalty on counts
that are not stayed, the court must consider the
defendant’s ability to pay (People v. Martinez
(1998) 65 Cal.App.4th 1511).
2. Yes, the standard penalties and surcharge must
be imposed on the fine that is assessed by the
court.
3. The assessments for court operations and
criminal conviction are fees that are imposed
for each conviction, including convictions for
counts that are stayed (People v. Sencion
(2012) 211 Cal.App.4th 480).
C 37 Enhancements April 18,
2013
Q Regarding the fee per Health and Safety Code
section 11372.7, as it is up to $150; is it required
that it be imposed?
A The fee is subject to the person’s ability to pay, as
determined by the court.
46
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 38 Enhancements May 16,
2013
Q Is the $10 enhancement applied per violation in a
single case, or must the prior conviction be the
same as the current violation?
A Pursuant to Vehicle Code section 40310, the
Judicial Council established a $10 base fine
enhancement for prior Vehicle Code moving
violation convictions.
The base bail/fine of one Vehicle Code moving
violation with a point on the current citation may be
enhanced by $10 for each citation, in the previous
36 months, that has a conviction for one or more
moving violations that carries a point. For example,
if there are two citations in the previous 36 months
that each have a conviction for one or more moving
violations that carries a point, then the base bail/fine
of one moving violation with a point on the current
citation may be enhanced by $20 ($10 for one
conviction on each previous citation). In contrast, if
there is one citation in the previous 36 months that
has a conviction for two moving violations that
carry a point, then the base bail/fine of the current
moving violation with a point may only be
enhanced by $10.
In summary, the enhancements are based on the
number of citations that contain a point in the
previous 36 months, and not the number of
violations. The prior violation does not need to be
the same as the current violation.
C 39 Enhancements May 12,
2015
Q Is the criminal lab fee imposed for violations of
Health and Safety Code section 11350 applied to
the violation only, or does it also apply to
subsections of the violation?
A If the subsection is not referenced, the fee would
apply to the entire section.
47
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 40 Enhancements May 12,
2015
Q Should the $10 additional fine for robbery,
burglary, etc. (under Penal Code section 1202.5) be
distributed to the county, or can it be distributed
directly to the local law enforcement agency?
A The fine should be distributed to the county, not the
agency. Alternatively, all fines could be held in
trust until transferred to the local law enforcement
agency.
C 41 Enhancements May 12,
2015
Q As the $10 ordered under
Penal Code section 1202.5 is a “fine,” is it subject
to the standard “Additional Penalties and
Surcharges” pursuant to 2% automation?
A Yes, the $10 fine is an enhancement and should be
added in addition to any other fine or penalty. As it
is a “fine,” it is subject to the 2% automation.
C 42 Enhancements June 3, 2016 Q We understand that Health and Safety Code (H&S)
section 11372.5 requires a $50 crime lab fee to be
assessed on conviction. How should we cover these
deposits if we do not have enough collections under
H&S section 11372.5?
A If the funds collected per H&S section 11372.5 are
insufficient, money collected pursuant to
H&S section 11502 may be used to make the
necessary deposits, whether collected in the same
month or in subsequent months.
48
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 43 Enhancements June 3, 2016 Q How do we cover the required $50 crime lab fee if
we do not have enough Health and Safety Code
(H&S) section 11502 collections?
A If H&S section 11502 revenue collected is
insufficient, you may backfill the
H&S section 11372.5 Criminalistics Laboratory
Fund with money that is not otherwise obligated, or
legally restricted, to make up for the deficit.
However, subsequent collections pursuant to
H&S section 11372.5 or H&S section 11502 may
not be diverted to reimburse those payments.
Ultimately, the agency operating the criminalistics
laboratory is obligated to ensure that it has
sufficient funding to perform all required testing
and analysis.
C 44 Enhancements
December 7,
2017
Q
Is the assessment levied pursuant to
Penal Code section 1465.5, at $2 for every $10
collected, to be kept at the county or forwarded to
the State via TC-31 reporting?
A As stated in the Trial Court Revenue Distribution
Guidelines, this assessment is deposited in the
county general fund for the support of services
provided to older and functionally impaired adults.
C 45 Facilities July 9,
2014
Q Under Government Code (GC) section 76000(e),
how do we verify that a transfer is complete?
Example: if one facility completely transferred and
one facility still has bond debt, how do we
determine the correct amount?
A In this example, if the county bond indebtedness for
a court facility remains unpaid, then the local
penalties in GC section 76000(e) do not apply.
The court should continue to impose the $7 per $10
local penalty in GC section 76000(a) until bond
indebtedness associated with a court facility is
retired.
49
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of Date
Questions and Responses
C 46 Facilities April 1,
2013
Q Can you elaborate on the three criteria listed in
Government Code (GC) section 76000(e)?
A The three criteria prior to having the $7 of
GC section 76000 reduced to the amount in the
chart in subdivision (e) are:
1. All court facilities in the county have been
transferred. [This was done by Dec. 31, 2009.]
2. The bond indebtedness for any court facility that
is paid from that fund is retired.
3. The remaining money in the local fund is
transferred to the state.
GC section 76000(e) states, in part:
The seven-dollar ($7) additional penalty authorized
by subdivision (a) shall be reduced in each county
by the additional penalty amount assessed by the
county for the local courthouse construction fund
established by Section 76100 as of January 1, 1998,
when the money in that fund is transferred to the
state under Section 70402….
GC section 70402(a) states:
Any amount in a county's courthouse construction
fund established by Section 76100, shall be
transferred to the State Court Facilities Construction
Fund at the later of the following dates:
(1) The date of the last transfer of responsibility for
court facilities from the county to the Judicial
Council or December 31, 2009, whichever is
earlier.
(2) The date of the final payment of the bonded
indebtedness for any court facility that is paid
from that fund is retired
.
C 47 GC 76000
Local Penalty
July 9,
2014
Q Under Government Code (GC) section 76000(e), if
debt is satisfied and some portion of the debt was
paid from the county general fund, can the county
continue collecting GC section 76000(e) revenue to
recoup general fund contribution prior to sending
funds to the State?
A No.
50
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 48 Installment
Payment Fee
May 24,
2013
Q Can we apply the $30 accounts receivable fee or the
$35 installment fee to any fine or fee that the court
orders?
For instance, if the court only orders a $100
restitution fine or just a court security fee (Court
Operations Assessment), can we assess the stay or
installment fees whether or not it is a fine or a fee?
A No. These fees cannot be charged in all cases;
certain restrictions apply depending on the
circumstances.
Vehicle Code (VC) section 40510.5(g) allows a
clerk to collect a fee of up to $35 for establishing an
installment payment account for certain traffic
infractions before adjudication. It authorizes
installment payments for the “total bail amount,”
which includes the $40 court operations assessment
and $35 conviction assessment
(VC section 40510.5(a)).
For cases in which a traffic infraction has been
adjudicated or where VC section 40510.5 does not
otherwise apply, Penal Code section 1205(e)
authorizes collection of fees for establishing
installment accounts or accounts receivable when a
fine is ordered. It does not authorize collection of
these fees when the court is imposing only fees or
setting accounts solely for the collection of fees,
restitution fines, or restitution orders.
51
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 49 Installment
Payment Fee
May 29,
2013
Q Can you explain the differences between
Penal Code (PC) section 1205(e),
Vehicle Code (VC) section 40510.5(g), and
VC section 42007(a)(2)?
A PC section 1205(e) authorizes collection of fees for
setting up an installment payment account or an
account receivable for a fine. The fee for an
installment payment account shall be an amount
that is equal to the administrative and clerical costs
as determined by the court or by the board of
supervisors, depending on which entity administers
the account. The fee for setting up an account
receivable shall be an amount equal to the
administrative and clerical costs as determined by
the court or by the board of supervisors, depending
on which entity administers the account, but no
greater than $30.
VC section 40510.5(g) authorizes a fee of up to $35
to recover administrative and clerical costs for
setting up an installment account, when a court
clerk processes a bail forfeiture payment plan for a
Vehicle Code infraction prior to sentencing and the
defendant pays at least 10% of the total bail at the
start.
VC section 42003 authorizes the court to provide in
the judgment for a fine to be paid within a specified
time or through installment payments.
VC section 42007 controls the fee and describes
requirements for standardized installment payment
plans set up by a clerk for a Traffic Violator School
(TVS) fee. VC section 42007(a)(2) authorizes a fee
of up to $35 for administrative and clerical costs to
establish an installment account for the TVS fee.
Defendant must pay at least 10% for the initial
payment, and the repayment period may not exceed
90 days.
52
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 50 Installment
Payment Fee
May 15,
2013
Q Can you clarify installment/account receivable fee
statutes: Penal Code (PC) section 1205, $30;
Vehicle Code (VC) section 42007(a)(2) and
VC section 40510.5(g), $35; Probation, $50?
A Refer to question and response C-49.
If the court approves processing the payment by
establishing an account receivable without payment
in installments, under PC section 1205(e) the
account receivable fee is equal to the administrative
and clerical costs, but not more than $30.
For probation, under PC section 1203.1b(h) the
board of supervisors, by resolution, may establish a
fee for the processing of payments made in
installments to the probation department, not to
exceed the administrative and clerical costs of the
collection of those installment payments, except
that the fee shall not exceed $75.
C 51 Installment
Payment Fee
May 20,
2013
Q Can we charge two installment payment fees? If a
client is given additional time (e.g. 4/15/13) to pay
the total bail, we add $30.
If, on the 4/15/13 due date, the client wants to set
up an installment payment plan – can we charge
another $30?
Or if the client requests a different future date to
pay the total, can we charge an additional $30?
A There is no legal authority that clearly addresses
whether the entity responsible for collecting a fine
may collect successive installment account fees
under Penal Code section 1205(e). If the court sets
up an account receivable for payment of the full
fine by a future date without installments and
subsequently establishes a payment plan to accept
payment of the fine in installments, then the court
may collect the accounts receivable fee and
subsequently collect an installment fee.
53
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 52 Installment
Payment Fee
May 20,
2013
Q Who keeps the $35 fee under
Vehicle Code (VC) section 40510.5(g)?
A Installment payment fees of up to $35 under
VC sections 40510.5(g) and 42007(a)(2) are
collected to defray the administrative and clerical
costs for processing the installment payments of
bail or the Traffic Violator School fee and are
retained by the court or the collecting agency to
recoup its costs.
C 53 Installment
Payment Fee
May 22,
2013
Q Does the installment fee collected by an entity
include non-government entities (e.g., Government
Code services)?
A A non-government collection agency working on
behalf of the court may collect the installment
account fee under Penal Code section 1205 and
Vehicle Code (VC) section 40510.5, in an
amount set by the court.
Only the clerk may collect the installment account
fee authorized by VC section 42007, for Traffic
Violator School.
54
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 54 Installment
Payment Fee
May 22,
2013
Q If a fee/fine is collected separately, can we assess
installment/account receivable fee separately?
A Under Vehicle Code section 42010.5, the fee of
up to $35 to recover administrative and clerical
costs for installment accounts processed by court
clerks may be collected by a court or collecting
agency for installment payment of the total bail
amount. The installment fee is limited to $35 for
collecting the total bail amount, including the
portions that are equal to the court-ordered fine
and fees.
Penal Code (PC) section 1205 permits the court
or a collecting agency to impose a fee to recover
the administrative and clerical costs for
processing an installment account or an account
receivable for collecting fines. If the court-
ordered fees are collected separately, then an
accounts receivable fee is not authorized and an
installment payment fee is not authorized, except
as provided for probation pursuant to
PC section 1203.1b(h).
Pursuant to PC section 1203.1b(h), if probation is
ordered, then the board of supervisors, by
resolution, may establish a fee for the processing of
payments made in installments to the probation
department, not to exceed the administrative and
clerical costs of the collection of those installment
payments as determined by the board of
supervisors, except that the fee shall not exceed
$75.
C 55 Installment
Payment Fee
June 12,
2013
Q Penal Code section 1205(f) states, “This section
shall not apply to restitution fines and restitution
orders…” Does this apply to the $30 fee only? Can
we still charge a fee for a monthly payment plan?
A No. Penal Code section 1205(f) expressly excludes
restitution fines and restitution orders from
application of the entire code section, including the
authority to impose either a fee for accounts
receivable or a fee for installment payments.
55
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 56 Installment
Payment Fee
May 15,
2013
Q Is the installment fee for Vehicle Code (VC)
infractions up to $35? Or is the installment fee
amount based on admin and clerical costs which
may exceed $35?
A The installment payment fee under both
VC section 40510.5 and VC section 42007 is equal
to the administrative and clerical costs as
determined by a cost analysis, but no more than
$35.
C 57 Installment
Payment Fee
May 20,
2013
Q Can we stack administrative fees? For example
Penal Code section 1205(e), $30 nonforthwith +
$50 installation payment fee?
A If the court establishes an account receivable for
payment of the full fine by a future date without
installments and subsequently establishes a
payment plan to accept payment of the fine in
installments, the court may collect the accounts
receivable fee and then later an installment fee.
C 58 Installment
Payment Fee
May 22,
2013
Q If the court refers a case to the county, can the
county impose the installment fee?
A Yes. Under Penal Code (PC) section 1205 and
Vehicle Code section 42010.5, either the court or
the collecting agency may collect the installment
account fee.
Under PC section 1203.1b(h), if probation is
ordered then the board of supervisors, by resolution,
may establish a fee for the processing of payments
made in installments to the probation department,
not to exceed the administrative and clerical costs
of the collection of those installment payments as
determined by the board of supervisors, except that
the fee shall not exceed $75.
56
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 59 Installment
Payment Fee
May 15,
2013
Q If the defendant pays in full and never has an
installment plan, can the $30 or $35 fee be
imposed?
A No. The installment and accounts receivable fees
are authorized to recover the administrative and
clerical costs to process payments when a defendant
requests payment in installments or a continuation
to pay at a later date. The court has no authority to
recover costs for processing a payment if a
defendant pays in full for either bail forfeiture or
when the sentence is imposed.
C 60 Installment
Payment Fee
June 12,
2013
Q Can both court and county each charge $30 account
receivable fee per Penal Code (PC) section 1205
(e.g., county collects restitution fine and court
collects fine)?
A No. PC section 1205(f) expressly excludes
restitution fines from the authority of a court or
collecting agency to collect a $30 accounts
receivable fee.
The authority under PC section 1203.1b(h) for
probation departments to collect an installment
payment fee does not include the authority to
impose a fee for an account receivable that is not
paid in installments.
C 61 Installment
Payment Fee
May 15,
2013
Q Can the county charge $30 if defendant leaves court
and pays the restitution fine in full on the same day?
A No. The accounts receivable fee is authorized to
recover the administrative and clerical costs to
process payments when a defendant requests a
continuation to pay at a later date. The court has no
authority to recover costs for processing a payment
if a defendant pays in full on the day that the
sentence is imposed.
57
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Questions and Responses
C 62 Installment
Payment Fee
June 13,
2013
Q Can the Installment Fee be different for fines and
fees?
A Authority to collect an installment payment fee
can vary depending on whether bail, fines, or
fees are collected.
Vehicle Code (VC) section 42007(a)(2) controls the
fee and requirements for standardized installment
payment plans set up by a clerk for Traffic Violator
School (TVS). VC section 42007 authorizes a court
to collect an installment payment fee of up to $35
for administrative and clerical costs to collect the
TVS fee with a minimum of 10% paid for the initial
payment and a repayment period of up to 90 days.
VC section 40510.5(g) provides for a fee of up to
$35 to recover administrative and clerical costs for
installment accounts when a court clerk processes a
bail forfeiture payment plan for Vehicle Code
infractions prior to sentencing and the defendant
pays at least 10% of the total bail at the start.
Penal Code (PC) section 1205 permits the court
or a collecting agency to impose a fee to recover
the administrative and clerical costs for
processing an installment account for collecting
fines.
If probation is ordered, PC section 1203.1b(h)
allows the board of supervisors, by resolution, to
establish a fee for the processing of payments made
in installments to the probation department, not to
exceed the administrative and clerical costs of the
collection of those installment payments as
determined by the board of supervisors, except that
the fee shall not exceed $75.
58
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C 63 Installment
Payment Fee
June 14,
2013
Q Can the installment or accounts receivable fee per
Penal Code (PC) section 1205(e) be assessed even
if only the state restitution fine, court operations, or
criminal conviction assessment is ordered by the
judge?
PC section 1205 discusses payment of a fine—not
payment of fees or assessments. If a defendant is
convicted of a DUI, and the judge orders him or her
to pay only the state restitution fine, court
operations assessment, and criminal conviction
assessment, and the defendant wants to pay via
installment, can the court assess an installment fee?
A Refer to question and response No. C-55.
The collection of an installment payment fee under
PC section 1205(e) requires that the court impose a
fine, other than the state restitution fine, along with
the fees. When a case is referred to probation, an
installment payment fee may be imposed under
PC section 1203.1b(h) for processing payments
made in installments to the probation department,
not to exceed the administrative and clerical costs
of the collection of those installment payments as
determined by the board of supervisors, except that
the fee shall not exceed $75.
59
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Questions and Responses
C 64 Installment
Payment Fee
July 9, 2014 Q Regarding the Penal Code (PC) section 1205
installment payment fee, can a $30 fee be added to
establish an account receivable (A/R) on traffic A/R
or only criminal A/R?
A As stated in PC section 1205, the installment
payment fee is different from the fee used to
establish an A/R:
1. The PC section 1205 installment payment fee is
charged for the processing of installment
payments. The installment fee is equal to the
administrative and clerical costs, as determined
by the board of supervisors or by the court,
depending on which entity administers the
account.
2. A fee may be charged to establish an A/R on
both traffic and criminal accounts receivable.
The accounts receivable fee of up to $30 is
expressly stated by this statute and is
determined by the board of supervisors or by the
court, depending on which entity administers
the account.
C 65 Installment
Payment Fee
May 12,
2015
Q Can administrative fee charged under
Penal Code section 1205(e) be collected up front?
A
Yes. The fee may be charged and collected up front;
otherwise, the fee becomes part of the payment and
the distribution of this fee drops to fourth priority.
60
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Questions and Responses
C 66 Juvenile May 15,
2013
Q Should the $40 court operations assessment be
assessed for juvenile traffic cases?
A The $40 court operations assessment may not be
imposed when juvenile violations are adjudicated in
Informal and Juvenile Traffic Court under
Welfare and Institutions Code (W&I) section 255.
In such circumstances, the judgment does not result
in a conviction. (See Egar v. Superior Court (2004)
120 Cal.App.4th 1306, holding that juvenile court's
adjudications of misdemeanors were not
convictions for a criminal offense within meaning
of statute imposing court security fee.)
The $40 court operations assessment under
Penal Code section 1465.8 and criminal conviction
assessment under Government Code section 70373
only apply to convictions and therefore may not be
imposed for cases in Informal Juvenile and Traffic
Court.
C 67 Juvenile June 3, 2016 Q Do juvenile traffic violations with traffic school
require the Vehicle Code (VC) 42007 distribution,
or do juvenile traffic violations fall under the
W&I 258(a)(6), which doesn’t allude to a special
distribution.
A
VC section 42007 distributions are only required
for juvenile traffic offenses with eligible Vehicle
Code violations that are heard in adult court and
disposed of with traffic school.
61
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Questions and Responses
C 68 Late Charge May 15,
2013
Q Are late charges mandatory and civil assessments
discretionary?
A Yes.
The 50% late charge imposed pursuant to
Vehicle Code section 40310 is mandatory when
payment is not made within 20 days of notice of a
judgment in a traffic case.
The civil assessment imposed pursuant to
Penal Code section 1214.1 is an additional civil
penalty that is permissive, not mandatory, after a
failure to appear without good cause or failure to
pay a fine ordered by the court or installment bail
payment.
C 69 Late Charge May 16,
2013
Q Can we assess late charges to Traffic Violator
School (TVS)?
A No; under Vehicle Code (VC) section 40310, when
“a traffic penalty is not paid within 20 days
following mailing of a notice that the penalty has
been assessed, a late charge shall be due in the
amount of 50 percent of total initial penalty.” When
attendance of TVS is approved, a defendant pays a
TVS fee under VC section 42007 and no notice is
mailed that an initial penalty has been assessed.
In addition, if a court approves a TVS payment plan
per VC section 42007(a)(2), then the express
penalties under VC section 42007(a)(3) for
nonpayment are a civil assessment or an arrest
warrant. This is supported by the Judicial Council
form TR-310, Agreement to Pay Traffic Violator
School Fees in Installments, which does not list a
late penalty as a consequence in the warning for
failure to pay as agreed.
C 70 Late Charge April 18,
2013
Q How is the Vehicle Code section 40310 late fee
distributed?
A The 50% late penalty is distributed proportionately
to the same funds as the initial penalty.
62
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Questions and Responses
C 71 Late Charge June 14,
2013
Q How are the late charge and civil assessment
assessed?
A Penal Code (PC) section 1214.1 and
Vehicle Code (VC) section 40310 provide some
flexibility for processing a combination of the late
charge and civil assessment for failure to pay a fine
ordered by the court.
Under PC section 1214.1, the civil assessment may
be imposed for a failure to pay a fine if the
defendant does not provide good cause for the
failure to pay within 20 calendar days of a notice of
the civil assessment.
Under VC section 40310 the late charge will be due
if the fine is not paid within 20 days of mailing of a
notice that the penalty for the traffic violation has
been assessed. After a failure to pay a fine, a court
can mail a single notice for both the civil
assessment and late charge or separate notices. A
single notice could provide warning of both a civil
assessment and late charge if the fine is not paid
within 20 days of the notice.
C 72 Late Charge May 15,
2013
Q Are both the civil assessments and 50% late charge
mandatory, or just the late charge?
A
The 50% late charge imposed pursuant to
Vehicle Code section 40310 is mandatory when
payment is not made within 20 days of notice of a
judgment in a traffic case. The civil assessment
under Penal Code section 1214.1 is an additional
civil penalty that is permissive, not mandatory, after
a failure to appear without good cause or failure to
pay a fine ordered by the court or installment bail
payment.
C 73 Moving
Violation
June 3, 2016 Q How is “moving violation” defined? WeI can’t
seem to find a definition, and when we inquired
with the DMV, it did not have an answer.
A A moving violation is a violation that contains a
“point” that is reportable to the Department of
Motor Vehicles, per Vehicle Code sections 12810,
12810.2, 12810.3, and 12810.4.
63
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Questions and Responses
C 74 Night Court
Fee
May 15,
2013
Q Is the Night Court Fee assessed per violation or
case?
A The night court fee imposed pursuant to
Vehicle Code section 42006 is assessed per case.
C 75 Night Court
Fee
June 3, 2016 Q Is Night Court Assessment applicable to parking
violations? The JCC’s Uniform Bail and Penalty
Schedule shows parking offenses with the
$1 Night Court Assessment added.
A Courts with night school may assess the
$1 Night Court Assessment on parking violations
cited as infractions.
C 76 Overpayment May 12,
2015
Q If a defendant is ordered to pay a fine that includes
a $25 Own Recognizance fee, but the defendant
was charged a $10 fee, what should be done with
the extra $15 ordered by court?
A If there is no agreement to collect the additional $15
as ordered, it should be refunded to the defendant,
unless it is impracticable or too costly to search for
the defendant.
C 77 Priority July 23, 2013 Q What is Fifth Priority Distribution per Penal Code
(PC) section 1203.1d (e)?
A There is no longer a fifth priority distribution.
From January 1, 2009, through December 31, 2011,
PC section 1203.1d(e) stated that if any statute
taking effect after January 1, 2009, either increased
the amount of any item or added a new item that
would otherwise be subject to disbursement under
paragraphs (2) to (4), inclusive, of subdivision (b),
those additional amounts or the amount of any
increase should not be disbursed until after all
reimbursable costs had been disbursed pursuant to
paragraph (4) of subdivision (b).
PC section 1203.1d(e) was amended by
Chapter 311, Statutes of 2008, removing the fifth
priority distribution. Effective January 1, 2012,
distribution reverted back to four priorities.
64
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Questions and Responses
C 78 Priors Assess
VC 40508.6
May 17,
2013
Q How is an Administrative Fee per Vehicle Code
(VC) section 40508.6(a) handled with a prior
Traffic School completion?
Please confirm whether completion of traffic school
on a previous violation of the Vehicle Code section
does not count as a prior conviction for purposes of
adding a prior administrative fee per VC section
40508.6(a) on a subsequent violation.
A Completion of Traffic Violator School (TVS) on
July 1, 2011, or later results in a confidential
conviction that may be counted as a prior to add the
fee under Vehicle Code (VC) section 40508.6(a).
TVS completed prior to July 1, 2011, resulted in a
dismissal and may not be counted as a prior
conviction to authorize collection of the assessment
under VC section 40508.6(a).
C 79 Priors Assess
VC 40508.6
May 17,
2013
Q Can we charge a “priors” assessment for Traffic
Violator School (TVS)?
A No. The “priors” assessment is payable at the time
of a fine or bail forfeiture. If a defendant elects to
attend TVS, the fine or bail forfeiture is converted
to a fee, and therefore the assessment can no longer
be collected.
C 80 Priors Assess
VC 40508.6
May 17,
2013
Q What are the differences between the assessments
described in Vehicle Code (VC) section 40508.6(a)
and VC section 40508.6 (b)?
A VC section 40508.6(a) allows the court to collect an
assessment of up to $10 to recover court costs for
recording and maintaining a record of prior
convictions. VC section 40508.6(b) allows the court
to collect an assessment of up to $10 to recover
court costs for notifying the DMV when the court
attaches or restricts a driver’s license or vehicle
registration under VC section 40509 or
VC section 40509.5.
65
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Questions and Responses
C 81 Priors Assess
VC 40508.6
June 14,
2013
Q Can a court charge the $10 administrative fee per
Vehicle Code (VC) section 40508.6 for prior
convictions in the same county, without verifying
whether there are priors in Department of Motor
Vehicles (DMV) records? As statute refers to prior
convictions, but does not mention DMV, it seems
that this is allowed.
Can a court also charge the $10 administrative fee
per VC section 40508.6 for prior convictions in
other states that are recorded in California DMV
records? To renew a driver’s license in California,
drivers must certify that they understand that
convictions reported by other states’ licensing
authorities will be added to their California DMV
records. VC section 40508.6 states that the $10 is
charged for convictions of “this code”—the
California Vehicle Code, not the code of other
states. This seems to indicate that we cannot charge
the $10 for convictions or priors from other states.
Is there another code section that might allow it?
A Under VC section 40508.6(a), a court may charge
the assessment of up to $10 for “the cost of
recording and maintaining a record of the
defendant’s prior convictions.” The section does not
require that a prior conviction be recorded by the
DMV to count as a prior conviction when a
subsequent conviction occurs.
If the prior convictions in the DMV driving record
are limited to out-of-state prior convictions for
traffic violations, VC section 40508.6 does not
authorize collection of a fee for maintaining a
record of violations of the California Vehicle Code.
66
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Questions and Responses
C 82 Priors Assess
VC 40508.6
May 17,
2013
Q When assessing the administration fee for Vehicle
Code (VC) section 40508.6, are we allowed to
collect $10 for section (a) and $10 for section (b)?
A The individual circumstances for a case must permit
imposing both assessments.
VC section 40508.6(a) allows the court to collect an
assessment of up to $10 to recover court costs for
recording and maintaining a record of prior
convictions.
VC section 40508.6(b) allows the court to collect an
assessment of up to $10 to recover court costs for
notifying the DMV when the court attaches or
restricts a driver’s license or vehicle registration
under VC section 40509 or VC section 40509.5.
For example, if the defendant’s record shows a
prior conviction, and the defendant has a failure to
appear that is reported to the DMV under
VC section 40509 or VC section 40509.5, then the
court may impose both fees.
C 83 Priors Assess
VC 40508.6
May 17,
2013
Q If there are two prior convictions, should we charge
$20 pursuant to Vehicle Code (VC) section
40508.6(a)?
A No. VC section 40508.6(a) authorizes a fee of up to
$10 for clerical and administrative costs for
recording and maintaining a record of prior
convictions, no matter how many prior convictions
are on the record.
C 84 Priors Assess
VC 40508.6
May 17,
2013
Q Regarding Traffic Violator School (TVS) cases for
Vehicle Code (VC) section 42007 distributions,
when a “priors” fee is added to the base fine to
derive an enhanced base, is the VC section 40508.6
“priors” fee of $10 distributed as-is or does it
become a part of TVS fee?
A The assessment of up to $10 imposed pursuant to
VC section 40508.6(a) for prior convictions is
collected to defray court costs for recording and
maintaining a record of prior convictions. It is not
included as part of the TVS fee that is distributed
under VC section 42007.
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C 85 Priors Assess
VC 40508.6
May 17,
2013
Q Regarding Vehicle Code (VC) section 40508.6(a),
is the fee still assessed once per case? Does it apply
to cases disposed with traffic school? How is it
assessed if a case with multiple violations has one
violation disposed as bail forfeiture and the other
traffic school?
A The maximum assessment of up to $10 under
VC section 40508.6(a) for recording and
maintaining a record of prior convictions may be
charged once per case regardless of how many prior
convictions are on the record, how many violations
are on the current citation, or whether violations are
eligible or ineligible for Traffic Violator School
(TVS) on the current citation.
If disposed with traffic school and the total
applicable fine is converted to a TVS fee, the $10
under VC 40508.6(a) does not apply since no “fine”
or “bail forfeiture” is paid.
The $10 VC 40508.6(a) assessment may be
collected where one Vehicle Code violation on a
case is disposed with bail forfeiture and the other
Vehicle Code violation is disposed with traffic
school. The $10 VC 40508.6(a) assessment is not
included as part of the TVS fee that is distributed
under VC section 42007.
C 86 Priors
Enhancement
May 12,
2015
Q If a defendant requests traffic school but has prior
offenses, does the “priors” amount go to traffic
school or to the citing county?
A Courts can impose the fine enhancement for prior
offenses in determining the bail amount to convert
to the fee for traffic violator school.
Vehicle Code sections 42007(a)(1) and (b) provides
that The Traffic Violator School fee goes to the
county.
C 87
Proof of
Financial
Responsibility
April 18,
2013
Q Regarding Penal Code section 1463.22(a) (proof of
financial responsibility), should we distribute per
conviction or only upon payment?
A Distributed per conviction.
68
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
C 88 Railroad
Crossings
June 3, 2016 Q Under Penal Code section 1463.12(b), can a
railroad crossing violation occur in an area without
rail transportation?
A Railroad crossings may exist even if there is no
district, commission, or authority providing rail
transportation in the area, in which case any money
collected is deposited in the county general fund. If
there is a designated district, commission, or
authority providing rail transportation in the area,
then any money collected is deposited in that
entity’s general fund.
C 89 Restitution May 16,
2013
Q Why is the Penal Code (PC) section 1202.4(b) State
Restitution fine not assessed in all cases? Why is it
not considered part of the base fine?
A Restitution fines that are imposed pursuant to
PC section 1202.4(b) are imposed only for
misdemeanor and felony convictions. The court has
authority under PC section 1202.4(c) to reduce or
waive the restitution fine if it finds compelling and
extraordinary reason, and states those reasons on
the record. PC section 1202.4(e) expressly provides
that a restitution fine is not subject to penalty
assessments.
C 90 Restitution May 17,
2013
Q If a defendant is charged with a violation of Vehicle
Code (VC) section 40508(b) on an infraction case,
and it is the only misdemeanor, is it subject to state
restitution under Penal Code (PC) section 1202.4?
We don’t treat this as a civil assessment under
PC section 1214.1; we treat it as failure to pay
under VC section 40508(b). Please clarify whether
this is correct.
A Under PC section 1202.4, any misdemeanor
conviction, including a failure to pay cited as a
misdemeanor under VC section 40508(b), is subject
to a state restitution fine of between $140 and
$1,000 for violations on or after January 1, 2013,
unless the court finds compelling and extraordinary
reasons as explained in PC section 1202.4 not to
impose the fine and states the reasons on the record.
PC section 1202.4(e) expressly specifies that the
restitution fine is not subject to penalty assessments.
69
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Questions and Responses
C 91 Restitution July 9,
2014
Q If the judicial assessment is less than the
requirements in a criminal case, should we reduce
the State Restitution Fine in your proration?
A The State Restitution Fine is rarely reduced.
Refer to Penal Code section 1202.4(b).
C 92 Restitution June 12,
2017
Q How should counties handle the 15% service fees in
victim restitution when victims must be made
whole? Who pays the 15% fee?
A Penal Code section 1203.1(l) authorizes a fee not to
exceed 15% on the amount of victim restitution
ordered to cover the administrative cost of
collecting victim restitution. If restitution is ordered
by the court, then the defendant is responsible for
paying the 15% administrative fee.
C 93 Traffic
Assistance
Program Fee
May 15,
2018
Q Is Vehicle Code section 11205.2(c) assessed on all
traffic infraction cases or on traffic school cases
only?
A The traffic assistance program fee collected
pursuant to VC section 11205.2(c) should be
imposed on all traffic infractions
C 94 TVS May 16,
2013
Q Why is the Emergency Medical Air Transportation
(EMAT) penalty assessment listed in
Government Code section 76000.10 part of the
Traffic Violator School (TVS) fee?
A The $4 EMAT penalty assessment is part of the
total bail amount that is converted to the TVS fee.
As part of the TVS fee, without any express
provision to require that the EMAT penalty retain
its normal distribution, the EMAT is distributed as
provided in Vehicle Code section 42007.
C 95 TVS May 16,
2013
Q What should be done with Traffic Violator School
(TVS) fees that are distributed if the violator does
not attend or fails to complete traffic school?
A Vehicle Code (VC) section 40512.6(a) expressly
provides that if the defendant fails to complete
traffic school, the TVS fee is converted to bail but
still distributed according to VC section 42007.
70
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Questions and Responses
C 96 TVS May 16,
2013
Q If a defendant signs up for but does not complete
traffic school, how should the fees collected under
Vehicle Code (VC) section 11205.2(c) be
distributed? Do they still go to the traffic school
agency?
A The traffic assistance program fee collected
pursuant to VC section 11205.2(c) should be
applied to the costs of the traffic assistance program
regardless of whether or not the defendant
completes the Traffic Violator School program.
C 97 TVS May 17,
2013
Q How should the base bail be distributed for Traffic
Violator School (TVS) under Vehicle Code
(VC) section 42007 for the special distribution
under Penal Code section 1463.26 high-occupancy
vehicle (HOV) violations?
A If TVS is approved for an HOV violation of
VC section 21655.8 for driving over a double line,
the TVS fee is distributed according to
VC section 42007.
The fine distribution required by Penal Code
(PC) section 1463.26 is only applicable to citations
where money is deposited with the county under
PC section 1463. In TVS cases, the fee is not
distributed under PC section 1463.
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Questions and Responses
C 98 TVS June 14,
2013
Q As an example, a defendant is cited for violations of
Vehicle Code (VC) section 22349 and
VC section 23222(b). Each of these violations has
a point count. The clerk is not authorized to grant
traffic school for VC section 23222(b).
If the defendant elects to attend traffic school on
VC section 22349, should the clerk collect the full
fine for both? If so, then one charge would be
reported as a confidential conviction and the other
would be reported with a point.
A In circumstances where the speeding charge is less
than 26 MPH over the limit, the bail under
VC section 23222(b) (possession of marijuana
while driving) and Traffic Violator School (TVS)
fee under VC section 22349 (exceeding maximum
speed) would be due when TVS is approved by a
clerk.
However, whether the defendant posts and forfeits
full bail or a clerk approves TVS, when multiple
violations on a citation can be assessed a point, only
one point is recorded for the convictions in the
DMV’s driving records.
As completion of TVS now results in a confidential
conviction instead of a dismissal, the value of TVS
with multiple violations where one is eligible and
one is not when processed by a clerk without
judicial approval is greatly diminished. If a
defendant appears in court and receives approval by
a judicial officer, completion of TVS would result
in a confidential conviction for both violations with
payment of the higher bail amount for one of the
violations.
C 99 TVS May 12,
2015
Q If a defendant is on a traffic school payment plan,
but fails to complete traffic school, pays only half
of the balance due, and stops making payments,
what does this mean for distribution?
A The court may order that fees be converted to bail
and declare the bail forfeited. The distribution rules
of Vehicle Code section 42007 would apply.
72
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Questions and Responses
C 100 TVS June 3, 2016 Q If a court allows a defendant to attend traffic school
after fully paying for the traffic violation and being
convicted, must the court also comply with the
distribution mandated per Vehicle Code
(VC) section 42007?
A Yes, the court should perform the distribution
adjustment in VC section 42007. The bail forfeiture
should be reversed and redistributed as a Traffic
Violator School fee.
C 101 Violation
Date vs.
Conviction
Date
April 19,
2013
Q Is everything based on violation date vs. conviction
date?
A No. Each statute will specify whether the
determination will be based on conviction or
violation date. Review of intent and bill language
will also provide appropriate guidance.
C. 102 Violation
Date vs.
Conviction
Date
July 9,
2014
Q Please clarify how Penal Code (PC) section 1464.8
criminal fines should be allocated and distributed if
the law in effect when payment is made is different
from the law in effect when the fines were imposed.
A Either way is acceptable. Courts may choose to
make the distribution based on the law in effect
during the accounting period when the payment is
made or on the law during the period when the
fines are imposed and allocated pursuant to
PC section 1463.001. However, a court should be
consistent on which method it uses.
C 103 Violation
Date vs.
Conviction
Date
May 12,
2015
Q Are criminal fines assessed upon conviction or on
date of violation?
A Fines are assessed upon conviction, based on
approved amount on date of violation.
73
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Questions and Responses
C 104 Violation
Date vs.
Conviction
Date
June 3, 2016 Q What Penal Code statute allows flexibility in
distributing fines and fees for collections according
to current guidelines, or guidelines in effect at time
of conviction or time of filing?
A Penal Code section 1464.8 states:
Notwithstanding any other provision of law, when
an allocation and distribution of any fine, forfeiture,
penalty, fee, or assessment collected in any criminal
case is made…the allocation and distribution of any
payment may be based upon the law in effect during
the accounting period when the payment is made
.
74
Category D: Parking
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
D 1 Bond
Indebtedness
April 1,
2013
Q Is bond indebtedness information available?
Specifically, is there an updated list of which
counties have completed their bond indebtedness?
A Bond indebtedness information is available.
However, a list of county bond indebtedness status
would be based on information as provided by the
counties, and is therefore unverified.
Please send questions about bond indebtedness to
D 2 GC 76000.3
Parking
Penalty
April 1,
2013
Q Does Government Code (GC) section 76000.3
apply only to criminal parking infractions?
A It applies to all parking offenses including
infractions. GC section 76000.3 states:
Notwithstanding any other law, for each parking
offense where a parking penalty, fine, or forfeiture is
imposed, an added penalty of three dollars ($3) shall
be imposed in addition to the penalty, fine, or
forfeiture set by the city, district, or other issuing
agency. [emphasis added]
D 3 GC 76000.3
Parking
Penalty
July 9,
2014
Q Please clarify the full mandatory parking fee. Last
year’s sample indicated $9.50 and today’s sample
showed $12.50. Was there a change from prior
year?
A Yes. The 2013 sample used a violation committed
prior to January 1, 2011.
On January 1, 2011, a $3 penalty to every penalty,
fine, or forfeiture for a parking violation was added
by Government Code section 76000.3.
75
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Questions and Responses
D 4 Late Charge
June 11,
2013
Q Do late fees apply to parking tickets?
A See Vehicle Code (VC) section 40203.5(a), which
authorizes the governing body of the jurisdiction
where the notice of violation is issued to establish
late payment penalties for parking violations.
See also VC section 40207(a), which provides that
additional fees, assessments, or other charges shall
not be added to the amount of the original parking
penalty, if the original penalty is paid to the
processing agency with within 21 calendar days
from the date of the issuance of the parking citation
or 14 calendar days after mailing of a notice of
delinquent parking violation.
D 5 Parking
Assessments
May 12,
2015
Q Is the $7.50 assessed on parking violations imposed
on every citation written or by violation?
A The $7.50 ($4.50 assessment pursuant to
Vehicle Code section 70372(b) and $3 penalty
pursuant to Government Code section 76000.3) is
assessed on each parking violation conviction.
D 6 Parking
Assessments
December 9,
2016
Q Should all parking fees (surcharges) be collected by
the County Auditor-Controller and not the courts?
A Parking surcharges should be collected by the
processing agency, which in turn deposits all sums
due to the county with the county treasurer. The
processing agency is also responsible for
forwarding those parking surcharges that are due
directly to the State. The courts are not responsible
for processing notices of parking violations.
D 7 Parking
Remittances
June 13,
2013
Q If the cities are not remitting parking fines in a
timely manner, what recourse does the county
have?
A Contact city attorney or county counsel for advice
on this question.
76
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
D 8 Parking
Remittances
April 1,
2013
Q When a processing agency sends a check to the
county, who is ultimately responsible for sending
money to the county? The city or the processing
agency?
A Contact the city attorney or county counsel for
advice on this question.
D 9
Parking
Remittances
May 12,
2015
Q
A local university did not properly impose fees per
Government Code (GC) section 70372 (b) and
GC section 76000.3, resulting in underpayment of
parking fees by $4.50 per citation owed to the State.
Who is responsible for the underpayment of parking
penalties?
A GC section 70377 specifies who is responsible for
paying penalties in the case of under remittances or
late remittances to the State.
D 10 Proof of
Correction
June 13,
2013
Q Why is the “proof of correction” fee $10 and not
$25?
A Under Vehicle Code section 40225(c), the civil
penalty for each equipment violation on a notice of
parking violation is reduced to $10 with proof of
correction. Legislation would be necessary to
increase the proof of correction fee for civil parking
citations.
D 11 Proof of
Correction
May 16,
2018
Q Proof of correction (POC) for a Vehicle Code
violation is provided and defendant agrees to pay
$25 fee by a certain date. If the defendant fails to
pay, can a Civil Assessment for failure to pay be
added to the $25 POC fee?
A No. The proof of correction payment is a fee, not a
fine. Civil assessments may be levied only for
failure to pay fines or bail.
77
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
D 12 VC 40225 June 13,
2013
Q Can you confirm that only 50% of an equipment or
registration violation is paid to the county for
remittance to the State Treasurer per Vehicle Code
section 40225(d)?
Some parking agencies pay parking surcharges per
Government Code (GC) section 76000 in addition
to the 50%. It seems clear that GC section 76000
refers to “every parking offense where a parking
penalty or forfeiture is imposed and added penalty”
vs. equipment or registration offenses that are not
parking offenses.
A Contact the city attorney or county counsel for
advice on this question.
D 13 VC 40225 June 13,
2013
Q Part 1: Can you address the amount of the fine that
should be charged for a violation of Vehicle Code
(VC) 5204 when issued on a parking citation
pursuant to VC section 40225?
VC section 40225 states that the civil penalty for
each equipment and registration violation is the
amount established for the violation the Uniform
Bail and Penalty Schedule (UB&PS) as adopted by
the Judicial Council of California.
Part 2: Should the amount of this civil penalty
when issued on a parking citation be the base fine
($25) or the total fine?
Part 3: Can you also clarify whether the total fine
for a VC section 5204 violation should match the
total amount identified in the UB&PS?
A Contact the city attorney or county counsel for
advice on these questions.
D 14 VC 40226 January 6,
2017
Q Can you confirm that no surcharges are applicable
if the administrative fee is collected instead of the
penalty pursuant to
Vehicle Code section 40226?
A An administrative fee charged to cancel a citation
for failure to display a disabled placard is not
subject to penalties or surcharges.
78
Category E: Collections
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
E 1 Escheated
Funds
May 12,
2015
Q If payment is made by money order or credit card
and neither case nor demographic information is
provided, how should the money be recorded?
A We recommend that you deposit the money in a
trust. If the money is not claimed, then follow the
escheatment process. For infraction and
misdemeanor cases, the amount is escheated after
one year, otherwise three years.
E 2 Escheated
Funds
December 9,
2016
Q What is the process on escheatment for
overpayments when defendants do not claim their
overpayment refund?
A For criminal case overpayments that exceed $10,
we recommend that the money be held in trust and
returned to the defendant.
If the defendant is unknown, then the overpayment
money held in trust may be escheated after two
years pursuant to Penal Code (PC) section 1420.
If bail has been deposited for a misdemeanor or
infraction case and remains unclaimed within one
year after the final disposition of the case, or after
the court has ordered its return or delivery, it may
be escheated pursuant to PC section 1463.006.
In all other cases, money, except victim restitution
money, that has been deposited with the superior
court that remains unclaimed after three years may
be escheated to the court pursuant to
Government Code section 68084.1.
79
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
E 3 Overpayment May 12,
2015
Q Who is entitled to overpayments?
A Pursuant to Government Code sections 29372
through 29381 and the
Trial Court Financial Policies
and Procedures Manual
, Policy FIN 10.02, paragraph
6.3.11
, (at http:/www.courts.ca.gov/7460.htm), if
the overage is less than $10, then the money goes to
county or court, whomever collected the
overpayment.
If the overage is more than $10, the money should
be held on behalf of the payer and an effort should
be made to locate the payer and refund the
overpayment.
E 4 Remittances June 3, 2016 Q Per Health and Safety Code section 11372.5(c),
75% of excess revenue should be submitted to the
State after fiscal year-end. What is the specific
time-frame for when these funds are due to the
State?
A The excess funds should be distributed in a timely
fashion once the county treasurer or designated
county official has determined the amount of
surplus funds in the local criminalistics laboratory
fund.
E 5 TC-31
April 1,
2013
Q Must each page on a TC-31 be positive?
A The Total amount on each page must be a positive
number.
E 6 TC-31 April 1,
2013
Q Are there instructions for the TC-31?
A Yes. TC-31 instructions can be found on the SCO
website at
http://www.sco.ca.gov/ard_state_accounting.html.
The fourth worksheet in the Excel spreadsheet
contains the instructions.
80
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
E 7 TC-31 April 1,
2013
Q If submitting multiple pages of TC-31 (for the same
month), can a negative on one page be offset with a
positive on another page?
A Negative entries on one page cannot be offset with
a positive on another page when submitting
multiple pages of the TC-31 (for the same month).
Each page is a separate unique document with a
separate unique Remittance Advice number, so
each page total needs to be a positive number.
No entries can be offset with other entries. If an
adjustment is to be made, it needs to be on a
separate line from the current month’s remittance
(with a memo included detailing the overstated
amount from the prior remittance).
E 8 TC-31 February 16,
2017
Q What are the materials needed and correction
process for filing errors on the TC-31?
A If you find an error after submitting a TC-31,
submit a memo to the SCO. The memo should
include the following information:
1) The original remittance advice number;
2) The original collection month;
3) The date on which the original remittance
advice was sent;
4) The dollar amount that was originally
submitted; and
5) The reason for the change.
Mail to:
ATTN: Sandeep Singh
Tax Accounting
State Controller’s Office
3301 C Street
Sacramento, CA 95816
81
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
E 9 TC-31 July 24,
2013
Q What avenue does the county have to recoup the
cost of retaining, processing, and submitting the
TC-31 to the State?
A Currently, statute does not allow counties to receive
reimbursement from the State. Pursuant to
Government Code section 68101, counties are
statutorily charged with remitting monthly to the
Treasurer court revenues due to the State.
E 10 TC-31 April 1,
2013
Q How far back can a county go to make corrections
on the TC-31?
A Corrections can be made to any time period.
E 11 TC-31 April 1,
2013
Q Is TC-31 submittal separate for court and county, or
is it combined?
A TC-31s may be submitted separately or combined,
depending on the agreement the County Auditor has
with the county courts and other county
departments.
If the TC-31 is submitted separately, then the court,
county department head, or county auditor will
submit the TC-31 to the State Treasury with their
signature certifying the information is correct.
If the County Auditor includes courts’ or other
county departments’ collections on the county’s
TC-31, then the County Auditor’s signature
certifies only the County Auditor’s portion of the
TC-31. It is assumed that the courts or other
departments have provided certification to the
County Auditor for their remittance information.
2
E 12 TC-31 April 1,
2013
Q What should be included in the memo about TC-31
errors? How can we avoid possible penalties?
A The memo should include the items listed in the
answer to E 6. To avoid penalties from being
assessed, monies need to be remitted within the
time frame set by statute.
82
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
E 13 TC-31 February 16,
2017
Q If a court discovers an incorrect distribution (either
through an audit or on its own), what is the
recommended approach to correct the prior
distributions?
For example, a recent audit finding in San Benito
noted that the auditee incorrectly distributed the $4
fee on traffic school cases to the Emergency
Medical Air Transportation (EMAT) fund instead
of distributing it to the traffic school fee.
If $1,000 is distributed incorrectly to the EMAT
fund, is it acceptable to withhold $1,000 of future
distributions to the EMAT fund, and instead re-
allocate them to the Traffic School Fee until the
$1,000 is paid back in full? If not, how should we
correct errors in past distributions?
A On the next TC-31 submitted, the amount should be
reported as a negative $1,000 in the EMAT fund
and a positive $1,000 in the Traffic School Fee
fund.
If the remittance is from an internal audit, then
a memo should be included with the original
remittance advice number, the original month of
collection, the date it was sent, the original amount
remitted, and the reason for the change.
If the remittance is for an audit finding, it must be
remitted separately and the audit period should be
noted at the top. If a negative remittance advice
occurs, it can be sent in with the monthly remittance
with the audit information on separate lines from
the monthly remittance (i.e., if $100 is being
remitted for the audit, and $25 is being remitted for
the month in account 0932-0250-FY-164743, then
there should be two lines with that revenue code,
not net to one line. Be sure to note in the description
that the remittance is for audit, if it is included with
monthly remittance).
For any questions regarding audit remittances,
please contact Wendi Cutajar at
83
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
E 14 TC-31 July 9,
2014
Q If there is a legitimate adjustment on a revenue line
item that results in a negative amount for a
particular month, should the adjustment be reported
as a negative amount in the TC-31? Also, if the
prior-year adjustment is negative, can we put it on
the TC-31, even if it is three or four years old?
A When reporting any negative adjustment, enter it on
a separate line on the TC-31. The adjustment can be
broken down over multiple pages or offset over
multiple months. Make sure that the bottom line
total on the TC-31 is a positive number.
Regarding adjustments for a prior period, include a
memo with the TC-31 detailing the full account
number, the original Remittance Advice Number to
be adjusted, the collection month/year, the date
remitted, the amount to be adjusted, and a brief
description for the adjustment. Make sure that the
bottom line total on the TC-31 is a positive number.
Current fiscal year adjustments for the period of
July 2014 through June 2015 are coded as 2014 on
the TC-31. All prior-year adjustment collections for
the period (July 2013 through June 2014) are coded
as 2013.
Refer to SCO’s July 2014 Training PowerPoint
(pp. 64-68) for more information on TC-31s.
E 15 TC-31 July 26,
2017
Q During an internal audit of parking penalty-related
fees, the county determined that the penalties to the
state have been underpaid. The county plans to
submit the underpayment to the SCO along with
Internal Audit report. Please advise to whom we
should address our memo and our report. Should we
remit the money through TC-31?
A If you plan to submit an underpayment that has just
been discovered in an internal audit, you may send
it, along with a TC-31, to the State Treasurer’s
Office.
84
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
E 16 TC-31 December 9,
2015
Q Is the year on the TC-31 the calendar year or the
fiscal year?
A Remittances on the TC-31 are reported by fiscal
year. For specific questions related to the
completion of TC-31 forms, please contact Wendi
Cutajar at LGPSDTaxAccounting@sco.ca.gov.
E 17 TC-31 December 9,
2015
Q Does the SCO have a process for communicating
updates of the TC-31?
A Yes. This process is currently being reviewed.
E 18 TC-31 December 9,
2015
Q Does the special line item on the TC-31 for “State
Penalty Fund Vehicle Code 42008.8—Amnesty”
specifically refer to the normal State Penalty of $10
for every $10 under Penal Code (PC) 1464? Neither
the Amnesty Guidelines nor the FAQs address the
specifics of what this means. If it is State PA per
PC section 1464, is it the State’s 70% portion, or
100%? Before or after 2%?
A This line item refers to the State Penalty
assessments imposed pursuant to PC section 1464;
Vehicle Code section 42006; and Government Code
sections 70372, 76000, 76000.5, 76104.6, 76104.7;
and 76000.10, paragraph (1) of subdivision (c). This
is the State’s 70 percent, as the remittance captures
the funds being remitted to the state. The amount
listed would include the 2% automation. See the
updated Amnesty FAQs.
E 19 TC-31 June 3, 2016 Q Can we obtain a complete list of funds that are
included in the Guidelines but are not on the State
page of the TC-31, so that we may report
distribution appropriately as collected?
A Please contact Wendi Cutajar at
[email protected] for assistance
with fund codes not listed on the TC-31 form.
E 20 TC-31 December 9,
2016
Q Should the TC 31 be signed in blue ink?
A Yes, blue ink signatures are easily identified and
meet the original signature requirement.
85
Category F: Distribution Calculations
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
F 1 2%
Automation
June 14,
2013
Q Does 2% automation apply to the late charge?
What is the distribution set-up?
A Yes, the 2% distribution imposed pursuant to
Government Code section 68090.8 applies to the
proportional fine and penalties, but is not deducted
from the state surcharge portion of the late charge.
The late charge under Vehicle Code section 40310
is distributed proportionally to each component of
the underlying fine and penalties.
F 2 Late Charge April 1, 2013 Q Are there and should there be separate notices for
late charges and civil assessments?
A Penal Code (PC) section 1214.1 and
Vehicle Code (VC) section 40310 provide some
flexibility for processing a combination of the late
charge and civil assessment for failure to pay a fine
ordered by the court.
Under PC section 1214.1, the civil assessment may
be imposed for a failure to pay a fine if the
defendant does not provide good cause for the
failure to pay within 20 calendar days of a notice of
the civil assessment. Under VC section 40310, the
late charge may be imposed if the fine is not paid
within 20 days of mailing of a notice that the
penalty for the traffic violation has been assessed.
After a failure to pay a fine, a court can mail a
single notice or separate notices for the civil
assessment and late charge. A single notice can
provide warning of both a civil assessment and late
charge if the fine is not paid within 20 days of the
notice.
86
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
F 3 Late Charge May 16,
2013
Q If there is a partial payment, how should we
calculate late charges?
A The late charge imposed pursuant to Vehicle Code
(VC) section 40310 is not applicable to partial
payments. Under VC section 40310, when “a traffic
penalty is not paid within 20 days following mailing
of a notice that the penalty has been assessed, a late
charge shall be due in the amount of 50 percent of
total initial penalty.” Payment of less than the full
amount results in either a civil assessment under
Penal Code section 1214.1 or an arrest warrant.
When attendance of Traffic Violator School (TVS)
is approved with a payment plan, a defendant pays a
TVS fee under VC section 42007 and there is no
notice mailed that an initial penalty has been
assessed.
In addition, if a court approves a TVS payment plan
in accordance with VC section 42007(a)(2), the
express penalties under VC section 42007(a)(3) for
nonpayment are a civil assessment or an arrest
warrant. This is supported by the Judicial Council
form TR-310, Agreement to Pay Traffic Violator
School Fees in Installments, which does not list a
late penalty as a consequence in the warning for
failure to pay as agreed.
When a partial payment is made under
VC section 40510.5, the penalties for failure to pay
the full amount are specified in
VC section 40510.5(e) as either a civil assessment
or an arrest warrant. This is supported by Judicial
Council form TR-300, Agreement to Pay and
Forfeit Bail Installments, which does not list a late
penalty as a consequence in the warning for failure
to pay as agreed.
87
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
F 4 Penalty
Assessments
April 1,
2013
Q For two counts with odd base fine (first count has
$35 and second count has $35), to calculate
portions of 10, should we round up each base fine
or add both bases?
A If both counts are on the same case, add both $35
base fines together to get $70, or seven 10s. If the
base fines apply to separate violations on separate
cases heard at the same time, then round up
separately for each case ($40 for each violation and
case) to get $80, or eight 10s.
F 5 Penalty
Assessments
June 14,
2013
Q When calculating the penalty assessments on a
citation with multiple offenses, the Uniform Bail
and Penalty Schedule (item D on page iv) indicates
that the “additional penalties” are to be calculated
on the total base fine for all offenses. Does this
mean that we should add the base fine amounts of
all offense codes together first, and then calculate
the penalty assessments?
A Under Penal Code section 1464(b), for a case with
multiple offenses, the penalties are calculated on the
total fine for all offenses. If there are multiple cases,
the penalties are calculated on the total fine for each
case.
F
6 Penalty
Assessments
May 12,
2015
Q On the Penalty Assessment, if an increase is not
updated in a timely fashion in the case management
system (CMS) to reflect the effective date, will the
program be penalized?
A The CMS should be updated with correct
assessment amounts as soon as possible after
statutory changes go into effect. Any penalties
imposed on an individual program would depend on
the particular situation.
88
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
F 7 Proof of
Insurance
April 1,
2013
Q What is the base fine for Proof of Insurance, $200
or $100?
What if base fine is less than $100?
A Under Vehicle Code (VC) section 16029(a), a
conviction for violation of VC section 16028(a)
requires a fine of not less than $100 or more than
$200. A judicial officer may reduce the fine to the
minimum for proof of insurance that is acquired
after the citation was issued. If the defendant
provides proof of insurance acquired after the
citation, the judicial officer may reduce the fine to a
minimum mandatory fine of $100.
A base fine of less than $100 would require that the
court exercise its discretion as authorized in
VC section 16029(e)(2) and reduce the fine below
the $100 minimum based on the defendant’s ability
to pay. For violations of VC section 16028(c), the
maximum fine is $100 per VC 42001, and the court
has discretion to reduce the fine.
F 8 Top Down
Distribution
May 12,
2015
Q If judge orders a fine, then orders a portion
suspended, is the amount prorated across all
ledgers?
A Yes. Programs may use a Top-Down distribution
method; see Penal Code section 1463.004.
F 9 Top Down
Distribution
May 12,
2015
Q What happens to the fine amount when a judge
orders less than the amount on Uniform Bail and
Penalty Schedule?
A The fine should be distributed using one of the two
Top-Down distribution methods. Either one is
allowed, as long as it is used consistently.
89
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
F 10 Top Down
Distribution
June 3, 2016 Q How should we distribute fines reduced by a bench
office? Should we pro-rate the base fine and penalty
assessments or the total balance, including the
assessments listed below?
Conviction Fee, $35
Security Fee, $40
Emergency Medical Air Transportation, $4
A Two distribution methods are suggested for
calculating the allocation of total fines that have
been reduced:
1. Reduce all components proportionately,
including those with a specified dollar amount
(e.g., the fees and assessments listed above); or
2. Allocate the full amount to those components
with a specified dollar amount, then pro-rate
the remaining balance among the rest of the
total fine’s components.
F 11 Top Down
Distribution
June 5, 2017 Q If the court orders a fine less than the fixed amounts
—for example, the total fixed amount is $75, but
the judge only ordered a $50 fine—should the
amount be prorated between $40 court operations
assessment and $35 criminal conviction
assessment?
A If the total fine imposed is less than the fixed
amounts, the alternate method should be used and
the amount prorated among all components of the
total fine.
F 12 Top Down
Distribution
June 12,
2017
Q What is the best Top-Down distribution to use, the
“soft” distribution, or the method that prorates all
distributions?
A Either method is acceptable, as long as one method
is used consistently. The method that prorates
among all distribution amounts is not limited to a
minimum total fine amount, whereas the “soft”
distribution method needs a minimum total fine
amount to cover the mandatory fixed distribution
amounts.
90
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
F 13 TVS June 14,
2013
Q For Traffic School dispositions, should the
Emergency Medical Air Transportation (EMAT)
penalty roll over into the Traffic School fee, and not
go directly to EMAT?
A The $4 EMAT fund charge is a penalty assessment
that is part of the total bail amount that is converted
to the Traffic Violator School (TVS) fee. As part of
the TVS fee without any express provision
requiring that it retain its normal distribution, the
$4 EMAT charge is distributed according to
Vehicle Code section 42007.
91
Category G: Distribution Spreadsheets
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
G 1 Spreadsheets April 18,
2013
Q Do you have distribution templates for other kinds
of convictions such as Health and Safety Code
violations, petty theft, etc.?
A Yes. However, the available templates are limited to
a few additional code sections. See samples of
available Revenue Distribution Worksheets at
http://www.courts.ca.gov/revenue-distribution.htm.
G 2 Spreadsheets July 9,
2014
Q Do you have a worksheet example of a summary
judgment distribution for either a Penal Code or
Health and Safety Code violation? I realize that
county and city splits vary according to
Penal Code section 1463.002.
A A worksheet example of a summary judgment does
not currently exist. Refer to FAQ No. C-9 and No.
C-10 for guidance on summary judgments.
G 3 Spreadsheets July 9,
2014
Q Is there any plan to update the auditor workbook to
include all distributions? Right now, only 19 are
outlined.
A Not at this time.
G 4 Spreadsheets June 3, 2016 Q The JCC has published 19 Revenue Distribution
worksheets. The CMS vendor has added 10 more
worksheets for the new CMS project statewide.
Will the JCC review and confirm the accuracy of
these additional 10 worksheets?
A The Judicial Council is not responsible for
reviewing and confirming the accuracy of vendor or
consultant work products, including distribution
worksheets created for new CMS systems.
The JCC recommends that courts ensure that their
staff members remain knowledgeable in revenue
distribution, and oversee vendor or consultant
services and work products.
92
Category H: Audits
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
H 1 Audit
Reports
June 13,
2017
Q How can I access information regarding the last
Judicial Council audit for a particular county? Is this
available on the Judicial Council’s website?
A All JCC audit reports are posted for public viewing
on the California Courts website at
http://www.courts.ca.gov/12050.htm
H 2 Calculation June 13,
2017
Q Are there any minimum requirements/rules
concerning rounding? Is it acceptable to calculate to
four decimal places, then round? Sometimes there
are rounding differences between the case
management calculations and JCC distribution
spreadsheets.
A Calculating to four decimal places and then rounding
is acceptable. Auditors typically consider small (one
cent) rounding differences to be immaterial.
H 3 Document
Retention
April 15,
2013
Q Is the retention period for records inclusive of case
records from all count levels (infraction,
misdemeanor, and felony), or does the retention
period of case records per Government Code
sections 68150 through 68153 still govern the terms
of case records?
A Case file records still must be retained in accordance
with statute, rule, and policy. On the other hand, any
financial records that pertain to distributions must be
retained for at least five years in accordance with the
courts’ financial and procedures manual, but also
must be retained from the date of the last SCO court
revenue audit (using the close of the report’s audit
period). Retention should be for whichever period is
longer.
93
Cat. Q No. Keywords
Response as
of Date
Questions and Responses
H 4 Document
Retention
July 9,
2014
Q If we store our records electronically, do we need to
keep the paper copies?
A SCO recommends that paper records be retained
from the date of the last SCO audit, even if the
records are stored electronically.
The Judicial Council accepts electronic records.
H 5
Document
Retention
July 9,
2014
Q
For infractions paid in full, can we purge them from
our system after they are three years old?
A No. The Judicial Council’s Trial Court Financial
Policies and Procedures (FIN 12.01), which is
located at http://www.courts.ca.gov/7460.htm,
provides guidance on the destruction of court
financial records. Generally, courts must retain
financial records from the current year plus four
additional years.
However, the minimum retention period that records
should be kept is the current year plus four additional
years, or from the close date of the last SCO audit,
whichever is longer.
In addition, case file records have more stringent
record retention requirements that are prescribed by
statute or rules of court.
H 6 Document
Retention
June 3, 2016 Q Health and Safety Code section 11361.5(a) states
that records shall not be kept beyond two years from
conviction date. Does this conflict with our own
retention period for case files for audits?
A The information and records that the SCO needs to
audit collections and distributions, such as bank
deposit records, monthly collection summaries, and
case fine and penalty calculations, must be retained;
however, all personal identifiers that are no longer
necessary should be removed.
H 7 Document
Retention
December 9,
2016
Q Can fiscal records maintained from the last audit be
maintained electronically, or are original documents
required?
A The SCO currently requires original documents for
audit purposes.
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Cat. Q No. Keywords
Response as
of Date
Questions and Responses
H 8 Statute of
Limitations
June 3, 2016 Q Some entities are under the impression that, if the
SCO does not perform an audit every three years,
and if they have parking violations for which they
have not paid the State, they will not have to pay for
anything older than three years. Is this correct?
A This assumption is not correct. Generally, a statute of
limitations only affects legal remedies. It does not
eliminate the obligation to pay necessary funds to the
State or preclude the recovery of those funds through
non-judicial means.
Government Code section 68103 states:
The State Controller shall check the reports and
records received by him with the transmittals of such
fines and forfeitures. Whenever it is apparent that
such fines or forfeitures have not been transmitted,
the county auditor shall and the State Controller may
bring suit to enforce the collection or transmittal, or
both.
H 9 Statute of
Limitations
June 3, 2016 Q How far back does the SCO go to conduct an audit,
and is there any limitation of time that the SCO can
audit for distribution of revenue?
A The SCO audits from the date of the prior audit
conducted of that agency. There is no time limit if
the period in question has not been audited.
Government Code section 68014 states:
The records kept by any judge pursuant to Sections
68101 and 68102 shall be open to public inspection,
and may be checked by the State Controller, the
Attorney General, or the district attorney of the
particular county.
