COVID-19

On March 16, 2020, the Chief Justice of the Supreme Court of Virginia issued an Order declaring a judicial emergency in all district and circuit courts of the Commonwealth of Virginia in response to the COVID-19 pandemic.

The Order suspended non-essential and non-emergency court proceedings and all deadlines were tolled and extended. This Order was extended through July 19, 2020. The Order applied to court activities related to the collection of fines, court costs and restitution. Additionally, the monthly transmission by the courts of reports of delinquent court accounts to Commonwealth’s Attorneys and their collection agents did not occur on March 31, April 30, May 31 or June 30.

As a result there was an overall decrease in total assessments and collections of fines and fees in FY20.

Court Clerks

• In FY20, Court Clerks assessed $371.5M and collected $226.6M in fines and fees.
• Court assessments between FY19 and FY20 decreased by $97.0M.
• Collections by Court Clerks between FY19 and FY20 decreased by $69.6M.

Commonwealth’s Attorneys

• In FY20, total assessments(*1) of delinquent fines and fees were $161.3M.
• Assessments of delinquent restitution amounts sent to collections were $28.0M.
• Net assessments(*2) of delinquent fines and fees were $120.1M.
• Net assessments(*2) of delinquent fines and fees between FY19 and FY20 increased by $4.0M.
• Total collections(*3) of delinquent fines and fees by Commonwealth’s Attorneys were $45.7M.
• Restitution collections in FY20 totaled $5.9M, and collections of fee offset amounts totaled $5.1M.
• Net collections(*4) by Commonwealth’s Attorneys in FY20 were $47.9M.
• Net collections(*4) by Commonwealth’s Attorneys between FY19 and FY20 decreased by $14.9M.

(*1) Total assessments exclude restitution, but include an assessed amount to offset collections fees as of FY14.
(*2) Net assessments include restitution assessments as of FY14.
(*3) Total collections exclude both restitution and offset fee amounts collected.
(*4) Net collections include restitution collections and offset fee amounts collected as of FY14, and deduct collection fees.

Trend Data for Assessments and Collections

Court Clerks

• Court assessments were:

• $281.5M in FY98;
• $436.1M in FY15; and
• $371.5M in FY20.

• Court collections were:

• $192.2M in FY98;
• $252.5M in FY15; and
• $226.6M in FY20.

Commonwealth’s Attorneys

• Commonwealth’s Attorneys’ net assessments(*1) were:

• $95.5M in FY98;
• $149.4M in FY15; and
• $120.1M in FY20.

• Commonwealth’s Attorneys’ total collections(*2) were:
• $29.2M in FY98;
• $73.0M in FY15; and
• $45.7M in FY20.

• Commonwealth’s Attorneys’ net collections(*3) were:

• $23.0M in FY98;
• $68.2M in FY15; and
• $48.0M in FY20.

(*1) Net assessments include restitution assessments for FY15 and FY20, but not FY98.
(*2) Total collections exclude both restitution and offset fee amounts collected for all years.
(*3) Net collections include restitution collections and offset fee amounts collected for FY15 and FY20, but not FY98. Net collections deduct collection fees for all years.

Collection Agents

• In FY20, Commonwealth’s Attorneys contracted with ten private collection agents, six localities and one state agency for the collection of delinquent fines and fees.
• Collection fee percentages ranged from 17 percent to 35 percent.
• There were three changes in collection method in FY20:

LOCALITY: DICKENSON
FY19 COLLECTION METHOD: Taxation
FY20 COLLECTION METHOD: In-House

LOCALITY: ESSEX
FY19 COLLECTION METHOD: Godwin-Jones & Price
FY20 COLLECTION METHOD: Ballato

LOCALITY: SHENANDOAH
FY19 COLLECTION METHOD: Taxation (Circuit)
FY20 COLLECTION METHOD: Penn Credit (Circuit)

In-House Collection Programs

• In FY20, seventeen Commonwealth’s Attorneys collected delinquent fines and fees in-house.
• Collection fee percentages ranged from 30 percent to 35 percent.