Virginia HB 612: Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.

Bill Text

2024SESSION
ENROLLED
1 VIRGINIAACTSOFASSEMBLY––CHAPTER
2 An Act to amend and reenact §§ 19.2-349 and 19.2-354 of the Code of Virginia, relating to fines, costs,
3 forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant;
4 deferred payment agreement.
5 [H612]
6 Approved
7 Be it enacted by the General Assembly of Virginia:
8 1. That §§19.2-349 and 19.2-354 of the Code of Virginia are amended and reenacted as follows:
9 § 19.2-349. Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of
10 attorneys for Commonwealth; duties of Department of Taxation.
11 A. The clerk of the circuit court and district court of every county and city shall submit to the judge
12 of his court, the Department of Taxation, the State Compensation Board, and the attorney for the
13 Commonwealth of his county or city a monthly report of all fines, costs, forfeitures, and penalties which
14 that are delinquent more than 90 180 days, including court-ordered restitution of a sum certain, imposed
15 in his court for a violation of state law or a local ordinance which that remain unsatisfied, including
16 those which that are delinquent in installment payments. The monthly report shall include the social
17 security number or driver's license number of the defendant, if known, and such other information as the
18 Department of Taxation and the Compensation Board deem appropriate. The Executive Secretary shall
19 make the report required by this subsection on behalf of those clerks who participate in the Supreme
20 Court's automated information system.
21 B. The clerk of the circuit court and district court of every county and city shall submit quarterly to
22 the attorney for the Commonwealth of his county or city and any probation agency that serves such
23 county or city:
24 1. A list of all defendants with an outstanding balance of restitution ordered by the court served by
25 such clerk. Such report shall include the defendant's name, case number, total amount of restitution
26 ordered, amount of restitution remaining due, and last date of payment; and
27 2. A list of all accounts where more than 90 180 days have passed since an account was sent to
28 collections and no payments have been made toward fines, costs, forfeitures, penalties, or restitution. For
29 accounts where restitution is owed, such report shall include the defendant's name, case number, and
30 total amount of restitution and restitution interest due.
31 C. It shall be the duty of the attorney for the Commonwealth to cause proper proceedings to be
32 instituted for the collection and satisfaction of all fines, costs, forfeitures, penalties, and restitution. The
33 attorney for the Commonwealth shall determine whether it would be impractical or uneconomical for
34 such service to be rendered by the office of the attorney for the Commonwealth. If the defendant does
35 not enter into an installment payment agreement under § 19.2-354, the attorney for the Commonwealth
36 and the clerk may agree to a process by which collection activity may be commenced 90 180 days after
37 judgment.
38 If the attorney for the Commonwealth does not undertake collection, he shall contract with (i) private
39 attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, (iii)
40 enter into an agreement with the county or city treasurer, or (iv) use the services of the Department of
41 Taxation, upon such terms and conditions as may be established by guidelines promulgated by the
42 Office of the Attorney General, the Executive Secretary of the Supreme Court with the Department of
43 Taxation and the Compensation Board. If the attorney for the Commonwealth undertakes collection, he
44 shall follow the procedures established by the Department of Taxation and the Compensation Board.
45 Such guidelines shall not supersede contracts between attorneys for the Commonwealth and private
46 attorneys and collection agencies when active collection efforts are being undertaken. As part of such
47 contract, private attorneys or collection agencies shall be given access to the social security number of
48 the defendant in order to assist in the collection effort. Any such private attorney shall be subject to the
49 penalties and provisions of §18.2-186.3.
50 The fees of any private attorneys or collection agencies shall be paid on a contingency fee basis out
51 of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency
52 receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act
53 (§ 58.1-520 et seq.). A local treasurer undertaking collection pursuant to an agreement with the attorney
54 for the Commonwealth may collect the administrative fee authorized by §58.1-3958.
55 D. The Department of Taxation and the State Compensation Board shall be responsible for the
56 collection of any judgment which remains unsatis