Policy Statement
1		 Identify state and local laws and policies that address court orders for child support, victim restitution, and other fines, fees, and surcharges and determine how these laws and policies are used to govern collections made from people released from prisons and jails.
Recommendation
A		 Develop a list of questions to elicit key information about how collections are made pursuant to existing laws and policies and engage members of a multidisciplinary working group to answer these questions.

Navigating the vast landscape of different agencies’ collections practices and policies can be a daunting task. The following list of questions should provide a useful starting point for the working group. Some of these questions may be more difficult to answer than others. The working group should select questions it thinks will be particularly useful and then add any questions of its own that would be especially relevant to its jurisdiction.

The members of the working group will likely have the expertise needed to answer many of these questions; some may need to look no further than the staff, policies, and publications of their own agencies for answers. At the same time, even veteran court or probation staff may be unable to list, for example, all of the fines, fees, and surcharges in a given city, county, or state. To ensure that key questions are answered, the policymaker responsible for convening the working group should assign various members of the group the task of answering the questions that pertain to their fields of expertise.

To conduct an inventory of relevant statutes within a particular city, county, or state, policymakers should consult a range of sources, such as relevant government Web sites, law libraries, and legislative search engines.* As mentioned in the Introduction, working group members should also look to the reports federal agencies, such as the Office of Child Support Enforcement, and national membership organizations, such as the National Center for State Courts, have released that include examples of relevant state and local policies and laws.

Sample Questions to Ask When Reviewing State and Local Collections Policies

Factors affecting the collection, distribution, and prioritization of various financial obligations

  • Who is responsible for collecting restitution, fines,fees, surcharges, and other court-ordered financialobligations?
  • How do agencies responsible for collectionscoordinate their efforts?
  • Does any agency consolidate non–child supportdebts (i.e., restitution, fines, fees, and surcharges)?
  • How do state laws prioritize the collection of fines,fees, and restitution?
  • What percentage of court-ordered financial obligationsthat are assessed is successfully collected?
  • What percentage of dollars is successfully directedto their intended recipients?
  • To what extent do state and local court, corrections,training, treatment, and general fund budgets relyon fines, fees, and surcharges to cover operationalcosts?
  • How do judges and probation and parole staff incorporatethe payment of financial obligations into theconditions of release or supervision for individualson probation or parole?
  • Do judges transform outstanding restitution ordersinto a civil case when the sentence (i.e., period ofprobation or parole) of someone who owes restitutionis completed?

Factors affecting the ability of people released from prisons and jails to meet their financial obligations

  • What types of debts does a typical individual released from prison or jail owe?
  • Which financial obligations are mandatory, and which are discretionary?
  • Who has the authority to change, reduce, or waive fines, fees, and surcharges?
  • What are the state’s Office of Child Support Enforcement policies on collecting or modifying child support orders for noncustodial parents who are incarcerated?
  • To what extent does a person’s failure to meet one or more court-ordered financial obligations contribute to his or her revocation of parole or probation?
  • Do judges and agencies responsible for collections provide nonmonetary or in-kind options for payment (e.g., community service)?
  • How are individuals supported in their efforts to meet their financial obligations to victims and families during periods of incarceration and upon release from prison or jail?