RD256 - Annual Report on the Collection of Fines and Fees by Circuit and District Courts


Executive Summary:
Court Clerks
• In FY05, Court Clerks assessed $423,513,600.13 and collected $321,716,258.93.
• The collection rate for Court Clerks was 76.0 percent.
• The variance between FY04 and FY05 collections was ($1,140,519.38), or (-0.35%).

Commonwealth’s Attorneys
• In FY05, net assessments for delinquent fines and fees by Commonwealth’s Attorneys were $94,157,912.
• Gross collections for Commonwealth’s Attorneys were $56,079,755.
• Net collections in FY05 were $44,260,895.
• The collection rate was 59.5 percent.
• The variance between FY04 and FY05 collections was $4,760,011 (+12.05%).

Trend Data for Assessments and Collections
• Total Court assessments have risen from almost $199M in FY95 to $423.5M in FY05.
• Court Clerks collected nearly $314M in FY95 compared to nearly $322M in FY05.
• The collection rate for Court Clerks has ranged from 67 to 76 percent from FY95 to FY05.
• Gross collections of delinquent fines and fees by Commonwealth’s Attorneys were over $10M in FY95 compared to over $56M in FY05.
• The collection rate of Commonwealth’s Attorneys has increased from 7 percent in FY95 to over 59 percent in FY05.

Collection Agents
• In FY05, 14 collection agents have contracted with Commonwealth’s Attorneys for the collection of delinquent fines and fees.
• Collection fees ranged from 17 to 35 percent.
• Collection rates ranged from 31 to 73 percent.
• The collection agent with the lowest collection fee (Department of Taxation) had the highest collection rate.

In-House Programs
• In FY05, six localities have In-House Programs that assess and collect delinquent fines and fees.
• Collection fees ranged from 30 to 35 percent, but actual collection costs ranged from less than 1 percent to almost 10 percent with excess fee revenue (collection fee minus actual costs) returned to the state and localities.
• Collection rates ranged from 24 to 69 percent.
• The In-House Program with the lowest collection expense (collection fee minus actual costs with the remainder to the state and locality) had the third highest collection total.

Courts with Higher than Statewide Average Collection Rate
• The statewide average collection rate for all courts was 68 percent in FY03; 75 percent in FY04; and 76 percent in FY05.
• 19 Circuit Courts exceeded the statewide average for the past three consecutive years.
• All reporting courts in 11 localities have a higher than statewide average for the past three consecutive fiscal years.

All reporting courts in 13 localities have a higher than statewide average for two of the three previous fiscal years.