Chapter 160

2007 -- H 5517 SUBSTITUTE B

Enacted 06/30/07

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COLLECTION OF FINES AND COSTS

Introduced By: Representatives Lally, Jackson, O`Neill, and Petrarca

Date Introduced: February 27, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8-12 of the General Laws in Chapter 8-8 entitled "District Court"

is hereby amended to read as follows:

8-8-12. Duties of chief judge. -- (a) The chief judge shall be the administrative head of

the district court and shall be responsible for its operation and the efficient use of its manpower.

To this end he or she shall:

      (1) Hold court in any division when he or she deems it necessary;

      (2) Assign judges to hold court in the various divisions;

      (3) Designate the place or places for holding court in each division;

      (4) Fix the time for holding court in each division and supervise the calendars;

      (5) Report annually to the chief justice of the supreme court on the state of the business

of the district court;

      (6) Supervise the collection and publication of statistics pertaining to the court;

      (7) Supervise the management of the records of the court;

      (8) Determine the time of vacations to be taken by the district judges;

      (9) Preside over the district court conference and designate the time and place that it

shall be held;

      (10) Promulgate rules and regulations relating to:

      (i) The licensing of constables to serve certain district court civil process; and

      (ii) The duties and conduct of licensed constables;

(11) Each quarter remit to the state controller within the department of administration

data that would be necessary to enhance efforts to collect unpaid court imposed or court related

fees, fines, court costs, assessments, charges and/or any other monetary obligations which have

been outstanding for a period of at least one year from the date of imposition or for a period of at

least one year from the date the amount was due, if not due upon imposition. This data shall

include the social security numbers of the persons owing the outstanding amounts. Provided,

however, social security numbers shall not be part of the public record and shall be used for

collection purposes only.

      (b) The authority of the chief judge under this section shall be exercised both as to the

district court established pursuant to this chapter and the traffic tribunal established pursuant to

chapter 8.2 of this title and, subject to the labor laws of this state and any applicable collective

bargaining agreement, shall include the authority to transfer clerical personnel from the traffic

tribunal to the district court as may be necessary.

      (c) The chief judge of the district court may designate an associate judge of the district

court as administrative judge of the district court. The administrative judge may exercise such

administrative authority as may be delegated to him or her by the chief judge. The administrative

judge shall receive an increase in compensation which shall be set by the unclassified pay board.

pursuant to section 8-15-4.

      (d) The chief judge of the district court shall appoint sufficient court recorders to enable

all proceedings to be recorded by electronic means and who shall assist in such other clerical

duties subject to the labor laws of this state and applicable collective bargaining agreement as

may be prescribed from time to time by the chief judge of the district court.

     SECTION 2. Sections 8-15-9, 8-15-9.2 and 8-15-9.3 of the General Laws in Chapter 8-15

entitled "Court Administration" are hereby amended to read as follows:

8-15-9. Supervision of court imposed and court related costs, fines, restitution, and

other payments, deposits, and receipts. -- Within the administrative office of the state courts

there shall be a finance section. The director of the finance section shall be appointed by the chief

justice of the supreme court, and approved by a majority vote of the advisory board. The director

of the finance section shall monitor the handling, collection, receipt, and disbursement of all court

imposed or court related fees, fines, costs, assessments, charges, and other monetary payments,

deposits, and receipts, including, but not limited to, filing fees, court costs and fees, bail, fines,

judgments, awards, restitution payments, registry of court accounts, restricted receipts accounts,

child support and other support orders, and court stenographers' accounts. The director shall be

responsible for all bookkeeping and accounting of money collected or received by the clerks of

the various state courts including, but not limited to, sections 8-4-8, 8-8-16, 8-8-17, 8-8.2-3 and

8-10-10. The director shall formulate and publish a policy which shall standardize the procedures

for the handling, collection, receipt, and disbursement of court imposed or court related monetary

payments, deposits, and receipts. The director shall court may require all persons who enter into a

payment plan for the payment of court imposed or court related fees, fines, court costs,

assessments, charges and/or any other monetary obligations to provide a valid social security

number, valid driver's license number, and date of birth at the time they enter into said payment

plan. Provided, however, social security numbers and driver's license numbers shall not be part of

the public record and shall be used for collection purposes only.

      All money subject to the provisions of this section shall be audited by the state bureau of

audits or their designee not less than once per fiscal year.

8-15-9.2. Information to be provided to State Controller. -- Each quarter the director

of finance shall remit to the state controller within the department of administration data that

would be necessary to enhance efforts to collect unpaid court imposed or court related fees, fines,

court costs, assessments, charges and/or any other monetary obligations due and owing to the

state which have been outstanding for a period of at least one year ninety (90) days from the date

of imposition or for a period of at least one year from the date the amount was due and are not the

subject of a court-ordered payment plan in good standing, or are not the subject of an appeal if

not due upon imposition. This data shall include the social security numbers, valid driver's license

number, and date of birth, of the persons owing the outstanding amounts, if available. Provided,

however, social security numbers and driver's license numbers shall not be part of the public

record and shall be used for collection purposes only.

8-15-9.3. Public inspection of court payments owed. -- (a) Notwithstanding any other

provision of law, the director of the finance section on a quarterly basis shall prepare a list of the

persons who owe court imposed or court related fees, fines, court costs, assessments, charges

and/or any other monetary obligations due and owing to the state which have been unpaid for a

period in excess of ninety (90) days from the date that any such amounts were due and are not the

subject of a court-ordered payment plan in good standing. (The above fees are hereinafter referred

to as "Overdue Court Fees".) The list shall contain the name and address of each person who

owes Overdue Court Fees as of the end of the quarter, together with the total amount owed, the

date that the Overdue Court Fees were imposed and the date they became due. No person owing

Overdue Court Fees shall be included on such list if the underlying matter in which Overdue

Court Fees were imposed, or the amount of the fees, is the subject of an appeal.

      (b) The director of finance shall not include a person's name on the list unless he or she

has given the person at least thirty (30) days prior written notice of the intent to include the

person's name on the list. Said notice shall be sent to the person's last known address by regular

mail. If during said thirty (30) day period, the person either: (i) pays the overdue court fines in

full; or (ii) enters into a payment plan with the director of finance to pay the overdue court fines,

the name of the person shall not be included on the list.

      (c) Any such list prepared by the director of finance shall be available to the public for

inspection and shall be published by the director of the finance on the website that is maintained

by the courts. Provided, however, that any such list prepared by the director shall not include any

individuals social security number or driver's license number.

     SECTION 3. Section 35-6-32.1 of the General Laws in Chapter 35-6 entitled "Accounts

and Control" is hereby amended to read as follows:

35-6-32.1. Collection of Unpaid Fines and Assessments. -- (a) The controller state

court administrator is authorized on behalf of the state to enter into a written agreement in

accordance with the judiciary's purchasing rules and regulations with one or more qualified

collection agencies to attempt to collect all fees, fines, court costs, assessment charges and/or

other monetary obligations imposed by any state court and/or the traffic tribunal which have been

unpaid for a period in excess of one year from the date any such amounts were due. which are due

and owing to the state and which are not the subject of a court-ordered payment plan in good

standing, or are not the subject of an appeal.

      (b) Amounts recovered by a collection agency pursuant to an agreement with the state,

shall be remitted to the controller state court director of finance and deposited in the general fund

of the state or as otherwise provide by law; provided, however, a collection agency shall be

permitted to retain a percentage of the amounts collected as provided in the agreement with the

controller. state court administrator.

     SECTION 4. This act shall take effect upon passage.

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LC01227/SUB B

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