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Date: November 22, 2024 Fri
Time: 12:22 pm
Time: 12:22 pm
Results for felony convictions
1 results foundAuthor: Murphy, Don K. Title: Why Crime Doesn't Pay: Examining Felony Collections Summary: What makes collecting in felony cases so difficult? In 2013 alone $278 million dollars were assessed on felony cases state-wide. The collection rate for felony costs was below 14%. That left a collections gap of over $240 million dollars in 2013. While each felony defendant may receive different sanctions, all of them are assessed fines and costs. If these costs are part of the court's sentencing sanctions, what prevents them from being satisfied? What can be done to improve things? This project explored the potential for felony collections both state-wide in Florida and in the local courts of Volusia County. Research identified expectations for felony collections and asked what factors inhibit achieving a better collection rate for these cases. An analysis was then performed to identify the types of investments that should be made by the courts to gain a better collection rate for the felony sanctions assessed each year in Volusia County. The literature review initially began with the National Center for State Courts' CourTools performance measures as a means to seek best practice guidelines on the collection of court fines and fees from a national perspective. However, CourTool Measure 7 focused on misdemeanor case performance rather than felony case types. The literature review continued with a look at best practices in collections that are used in trial courts by examining collections handbooks published by the National Center for State. The project also examined the experiences of four specific state trial courts in Texas, Michigan, Arizona, and California to understand techniques used in these jurisdictions to collect criminal fines and costs. Finally, Florida legislation was analyzed that defines the obligations of court collections. In addition to the literature review, surveys were conducted with collectors in Clerk's offices across Florida to better understand how collections are performed. Court collections experts were surveyed separately to gain insight from long standing collection practitioners concerning their opinions on the challenges and opportunities to improve collections in felony cases. Annual statistics were reviewed from the state mandated Assessments and Collections Report and a five year statistical review was conducted of Volusia County felony cases to explore the characteristics that make collections difficult to obtain, including prison sanctions, defendants who lack the means to pay, and the high dollar assessments required in drug trafficking cases. Literature suggested and results in both surveys supported the finding that felony collections are especially difficult. Two separate data reviews confirmed the depth of the challenge and potential causes that inhibit felony collections. According to the collector's survey, prison sentences contribute to collections difficulties. The Volusia report indicated that over 35% of felony defendants sentenced in Volusia County went to prison over the past five years. Defendants not in prison also faced difficulties paying. Over 70% of all felony defendants were declared indigent by federal guidelines, which determines a defendant's ability to pay costs. Collections were also inhibited by the very large assessments assigned to drug trafficking cases; in Volusia County over the past five years, 1% of all defendants sentenced were for drug trafficking offenses. This accounts for up to 62% of all outstanding felony debt. The Florida Department of Corrections (DOC), is involved with 93% of all sentenced felons. Survey results and an interview with DOC suggested that dialogue between collectors and DOC is limited. DOC staffing constraints require focus primarily towards additional criminal behavior and victim protection, leaving limited time to work with felony payment obligations, and in many cases, defendants' cases are closed with payments due. Felony cases received longer prison sanctions, carried larger fines and costs, and the costs were assessed against defendants with limited abilities to pay. Felony collections have definite challenges that require different types of attention. Working these cases the same as other collections cases will continue to produce unsatisfactory results. Knowing what it takes to collect felony assessments requires an improved focus on factors that inhibit collections from the organizations involved. Legislators require assessment and collection results each year in Florida; these numbers demonstrate a sizeable collections gap. By including factors that inhibit collections in state reporting, reviewers see the challenges associated with collections efforts. Clerks recently introduced these collection inhibitors to the current Assessment and Collections Report to better reflect these factors. Felony cases carry longer sanctions. Adjusting felony collection timelines beyond 12 months would more properly demonstrate efforts made on cases over a period of three years once defendants are released from prison. While in prison, Florida should consider requiring defendants to pay court sanctions. Collections practices in Michigan and Texas confirmed that this process can work and that paying while in prison acknowledges the sanction ordered by the court. It is necessary to orient all court participants towards a program where felony collections become a priority to ultimately improve collections received. Educating participants about the causes will contribute to the solution. Crime can pay in these cases - but it is necessary to take time to properly educate participants about the nuances of felony collections as well as a collaborative approach to felony collections with all justice partners contributing towards the solution. Details: Williamsburg, VA: Institute for Court Management, National Center for State Courts, 2015. 68p. Source: Internet Resource: accessed April 26, 2019 at: https://www.ncsc.org/~/media/Files/PDF/Education%20and%20Careers/CEDP%20Papers/2015/Why%20Crime%20Doesnt%20Pay-Examining%20Felony%20CollectionsMurphy.ashx Year: 2015 Country: United States URL: https://www.ncsc.org/~/media/Files/PDF/Education%20and%20Careers/CEDP%20Papers/2015/Why%20Crime%20Doesnt%20Pay-Examining%20Felony%20CollectionsMurphy.ashx Shelf Number: 155567 Keywords: Court FinesDebtors PrisonFelony ConvictionsFelony OffendersFines and Fees |