71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3594
Senate Bill 899
Sponsored by Senator CLARNO (at the request of Representative Tom
Butler)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Directs State Court Administrator to establish benchmark
collection rate for purpose of evaluating success of judicial
districts in collecting on monetary obligations imposed under
criminal judgments. Specifies manner in which benchmark
collection rate be established.
Provides that judicial district that exceeds benchmark
collection rate receive credit equal to 50 percent of excess
collections. Specifies that judicial district receiving credit
shall withhold moneys collected on certain portions of criminal
judgments that would otherwise be deposited in General Fund.
Directs clerk of court to pay withheld moneys to counties.
Specifies that counties must use moneys for technology
improvements designed to improve collection of fines in circuit
court and for salaries of district attorney and deputy district
attorneys.
A BILL FOR AN ACT
Relating to courts; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State Court Administrator shall
establish a benchmark collection rate for the purpose of
evaluating the success of each judicial district in collecting on
monetary obligations imposed under criminal judgments. The
benchmark collection rate shall be established in the manner
provided by this section.
(2) Not later than July 1, 2002, the State Court Administrator
shall prepare statements for each of the 26 judicial districts
established under ORS 3.012 that reflect:
(a) The total amount of monetary obligations imposed under
criminal judgments, including judgments imposing fines for
violations, entered by the circuit court in each district during
the calendar years 1996, 1997, 1998, 1999 and 2000; and
(b) The total amount collected during calendar year 2001 on
monetary obligations imposed under criminal judgments, including
judgments imposing fines for violations, entered by the circuit
court in each district during the calendar years 1996, 1997,
1998, 1999 and 2000.
(3) Based on the statements prepared under subsection (2) of
this section, the State Court Administrator shall establish a
percentage figure reflecting the collection rate in 2001 for each
judicial district. The collection rate of the judicial district
with the highest rate so determined, plus five percent, shall be
the benchmark collection rate for all judicial districts for the
purposes of section 2 of this 2001 Act. + }
SECTION 2. { + (1) As soon as possible after the end of each
calendar year, each judicial district shall report to the State
Court Administrator:
(a) All moneys collected during the calendar year on monetary
obligations imposed under judgments in criminal actions,
including judgments imposing fines for violations, that were
entered in the immediately preceding five calendar years, without
regard to the categories of monetary obligation under ORS
137.295; and
(b) The amount of monetary obligations imposed under judgments
in criminal actions, including judgments imposing fines for
violations, during the calendar year.
(2) As soon as possible after the end of each calendar year,
the State Court Administrator shall calculate a current
collection rate for each judicial district. The current
collection rate shall be calculated by dividing the total amount
reported as collected by the district under subsection (1) of
this section during the calendar year by the total amount of all
monetary obligations imposed under judgments in criminal actions
during the immediately preceding five calendar years.
(3) If the current collection rate for a judicial district in a
calendar year exceeds the benchmark collection rate determined
under section 1 of this 2001 Act, 50 percent of the excess
collections shall be treated as a credit against future payments
otherwise required to be paid into the General Fund under ORS
137.295.
(4) The State Court Administrator shall certify to each
judicial district the amount of any credit determined to be owing
to the judicial district under subsection (3) of this section.
Upon receiving notice of the credit, the judicial district shall
withhold all payments that would otherwise be paid into the
General Fund under ORS 137.295 until the amount of the credit is
exhausted and shall distribute those moneys as provided in
section 3 of this 2001 Act. + }
SECTION 3. { + (1) All moneys withheld by a judicial district
under section 2 (4) of this 2001 Act shall be paid by the clerk
of the circuit court to the county or counties in the judicial
district. If there is more than one county in the judicial
district, the distribution among the counties shall be based on
the volume of cases adjudicated in each county, as determined by
the Chief Justice of the Supreme Court. All moneys paid to a
county under this subsection are continuously appropriated to the
county for the purposes specified in this section.
(2) All moneys paid to a county under this section must be used
for:
(a) Paying for technology improvements designed to improve the
collection of fines in the circuit court and to provide support
services for those improvements; and
(b) Paying the salaries of the district attorney or district
attorneys and the deputy district attorneys in the district. + }
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