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Published byCecil Webb Modified over 9 years ago
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Warrant Round Ups and Other Collection Ideas Facilitator: Rebecca Stark, Austin Municipal Court Panel:Don McKinley, Austin Municipal Court Victoria Medley, Amarillo Municipal Court Phyllis Mathison, Bastrop Municipal Court
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Why it is important … Lack of penalty if don’t collect/serve warrants Enhance compliance Clear outstanding warrants Increase revenue Part of new collection program Other
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Warrant Round Up …why should I? Number of outstanding warrants Age of outstanding warrants Can’t serve all warrants Staffing Defendant location Unable to locate defendants Other
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Warrant Round Up vs Amnesty … Amnesty Concentrated effort to enforce warrants Incentive(s) offered Financial based Freedom based Warrant Round Up Concentrated effort to enforce warrants No incentive(s) other than not getting arrested when event starts
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WRU Incentives … Waive warrant fee? No - Art. 102.011 C.C.P. (a) – “A defendant convicted of a felony or a misdemeanor shall pay the following fees for services performed by a peace officer: (a) (2) - $50 for executing or processing an issued arrest warrant or capias …”
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WRU Incentives … What incentives? Financial based Dismiss FTA or VPTA Reduce fine (but not court costs, fees) Freedom based Period of time where won’t make arrests while persons voluntarily handling warrants Other?
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WRU Parties … Need single point of contact (coordinator) Include Court Judge(s), Prosecutor(s), Clerk(s) Law Enforcement Police, Sheriff, Marshals, Constables, Reserves, Cadets, ISD, College Other City Entities Finance, City Manager, City Council, Law Dept. Other Outside Entities Other jurisdictions, jail, media, collection agency, etc.
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WRU Timing … Defendant’s ability to pay Tax returns First/last of month School breaks Participant schedules Coordinate with budget process Revenue Expenses Coordination between law enforcement and court Possible coordination with other entities
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WRU Voluntary Compliance … Easiest way to get a warrant served 96% of Austin’s large round up Phone calls Notices, no matter how many sent before Advertising
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WRU Notices … Notices very effective* Self, collection agency, other Recommend at least 2 weeks in advance Different design from other notices Send for all warrants (don’t exclude because of distance) What to do with return letters If multi-jurisdictional, include as many names of other entities as possible
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WRU Advertising … Notices – your entity, collection agency Press conference* News releases* (public service announcements) Paid ads Cable television* WEB site and/or IVR (city and/or court) Other city notices (water bills, electrical bills) Media Be read for questions Provide statistics
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WRU Other Considerations … Notices must be followed by actual arrests Shouldn’t just be threat Round Up Day or Days Extended court hours? Where to take arrestees: court, jail, other Door hangers Need additional help? Cost Notices, overtime, utilities, extra security, supplies, etc. See Attachment
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WRU Follow-Up … Coordinator Statistics (compared to usual) Number warrants served - terminated, cancelled Number of $ received Credits - time served, waivers, etc. Costs – actual (& compared to revenue) Reports City Manager City Council Possibly media Participants Reward / recognize employees
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WRU Get Ready Now … Budget now – Court and Law Enforcement Notices, overtime, extra help, ads, etc. Gather some statistics # warrants vs. # cleared vs. # arrests during non-round up time to compare to round-up $ collected on warrants Other
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WRU … Questions?
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Collection Ideas
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What is “Collections”? Generally thought of a separate unit or vendor to collect “aged” cases Collections can be a part of every stage of case processing Including a separate Court unit and/or outside entity Look at all court operations for collection opportunities* Flow chart or diagram your court processes, starting with citations, and look for ways to make compliance easier, faster Implement changes, analyze the results for effectiveness
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Case Initiation … Multiple page citations or handouts that include major violation fines, extensive information and return envelopes* Electronic ticket writers (Technology Fund) Citation information entered into case management system ASAP 24 hours Overnight Immediately upon issuance
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Appearance Date … How many days? Faster is better What date? Actual date more effective than general date* Pre-appearance date phone call Can irritate customers, but can also get thanked due to other collection techniques (to be discovered later )
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Immediate Customer Contact … Information other than citation Internet applications – info, payments www.ci.austin.tx.us/court www.alvin.tx.citygovt.org IRV (phone) – info, payments Austin’s system: 512-974-4800 Actual telephone operators – info, payments In-person appearance “Empower” clerks as much as possible Multiple court locations (substations)
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Personal Customer Service … Customer Service Representatives: Confidence – must know what they are doing and the customer needs to believe it Courtesy and professionalism at all times Assume defendants CAN and WILL pay Keep control of the conversation Tell the customer what needs to be done Answer customer questions, but don’t “lead” Get “commitment” from defendant Nice to have adequate number of employees
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Payments … Make payment as easy as possible In Person or Mail Drop Box Through Western Union Credit Cards – in person or phone or WEB Check drafts Personal checks Other?
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Payment Plans … Judges to set general guidelines If meet guidelines, small application* and payment If cannot meet guidelines, more complicated and time consuming application (nuisance factor) Defendant must complete financial statement to get plan* Bring in “proof” Call to verify phone number, employment Connection to credit bureau Give payment books or send monthly reminders See dedicated clerk who is good at this for processing
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Delinquent Notice … Defendant fails to contact court by initial appearance date* Automate printing if possible from case management system (Technology Fund) Include: English and Spanish (or other) Return envelope (Postage pre-paid not needed) Options and other info to facilitate compliance Bar code (if system can read them) (Tech Fund) Go directly to case when customer comes in Immediately mark “bad addresses” without even opening the envelope*
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Pre-Warrant Phoning … Generate list (or pull files) of delinquent cases after appearance date Attempt pre-warrant telephone contact: To resolve case To verify address information Leave message if no direct contact Integrate automatic call system to case management system to make calls and leave messages Purchase equipment (Tech Fund) Internet service
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Pre-Docket Phoning … Call prior to appearance and/or trial docket Increase appearance rate Sometimes defendant pays Can be automated with call system Equipment Internet service
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“Skip Tracing”… Bar coded notices may be scanned into the computer system if mail is returned Batch FTP updates OR individually research Results of phone contacts are entered into the computer system Skip tracing sources: Internet – Individual lookup and batched Local Utility – Electric, Water, Gas Customers Texas Employment Office Police Department Vendors
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Failure to Appear … File “Violation of Promise to Appear” on those not appearing as promised on Subtitle C citations Affidavit by employee Can issue warrant File “Failure to Appear” on those not appearing as promised on non-Subtitle C citation or on scheduled dockets Affidavit by employee Can issue warrant
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Tiered Fine Schedule … Tiered fine schedule (2, 3, more) Higher fine (% or $) if no appearance is made by appearance date or other specified time Applicable to all violations (signed or not; number of violations per citation) This program may replace the “Violation of Promise to Appear” (VPTA) program or in addition to it Separate charge with fine & court costs Lower cost for defendant with same or more income for court (less for state)
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Capias (Warrant of Arrest) … Letters automatically generated from the case management system, signed by law enforcement* Get with Judge about when to add $50 fee Attempt telephone contact to achieve immediate resolution Failure to respond may lead to “Warrant Worksheet” being completed and forwarded to law enforcement for defendant’s arrest
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FTA Program … DPS (Omnibase) Failure To Appear program Notification sent to DPS to place hold on Driver’s license issuance/renewal Report non-appearance and non-compliance DPS sends notice to defendant Discuss with city attorney Law says must pay for dismissals
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Registration Holds … Contract with TxDOT or County Tax Assessor/Collector to withhold vehicle registration renewal if have traffic warrant Name on warrant and name on registration must match Decide what to do with multiple owners Need process Tax Assessor/Collectors are generally reluctant for political reasons
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“Your Time Is Up” Notice … Send notice* when an event date passes such as: Failure to make payment after receiving extension Defaulting on a payment plan Failure to appear at revocation or show cause hearing Failure to comply with other court orders Automate if possible from case management system Include English and Spanish (or other) Return envelope (Not necessary to postage pre-pay) Options and other information to facilitate compliance Bar code (if system can read them) Go directly to case when customer comes in Immediately mark “bad addresses” without even opening the envelope
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Capias Pro-Fine … Issued on cases with past due judgments Telephone contact is attempted to achieve immediate resolution Failure to respond may lead to “Warrant Worksheet” being completed and forwarded to law enforcement for defendant’s arrest
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Warrant Worksheet … Complied for law enforcement use and contains*: Defendant name and known aliases, race, sex, D.O.B., height, weight, hair and eye color, verified home address, etc. Address verified through utility records, police data base, skip tracing efforts, etc. TCIC/NCIC, DL, Vehicle check Any known premise hazards Maximizes officer time
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City Marshals … Dedicated to arresting persons with outstanding warrants Process arrestees brought to Court or jail May want to consider: Take non-cash payments in the field Authorize arrestee to call Court or go online to take credit card payments Leave door hangers if defendants not at home*
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Collection Agency … Contract with a vendor to collect aged cases Collects on cases with judgments Locates and may get pleas on cases without judgments May need Council approval Send “Last Chance” notice* prior to sending to agency Collection fee added Definitely on adjudicated cases; check with Judge / City Attorney / Law Dept. on unadjudicated cases Be involved with negotiating contract Payment to vendor (30% of original balance, not 30% of the balance vendor is collecting) Partial payment handling; especially on warrants
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Special Events/Projects … Warrant Round Ups Single jurisdictions Multi-jurisdictional Warrant Saturations Mini warrant round ups (partial city) with or w/o notices Special mailings and phone campaigns Click It or Ticket Spotlight on Speeders Pulling over Parkers You may be eligible … Etc.
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Other Programs … Report to other states using the Non-Resident Violator Compact DIC-81 filed on delinquent youth cases Consider higher cost on discretionary DSCs or deferred dispositions after appearance date More retained revenue
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WRU/Collections Summary … Do Something … If you can’t take a big step, take a small step. If you can’t take a small step, take a tiny step. Take action and you will no longer merely think you can do it. After even the smallest step, you’ll know for sure. - Ralph Marston
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Facilitator Contact: Austin Municipal Court P.O. Box 2135 701 E. 7 th Street Austin, Texas 78768 Austin, Texas 78701 *Court Administrator *Collections Manager Rebecca Stark Don McKinley (512) 974-4690 (Work) (512) 974-4820 (Work) (512) 974-4682 (Fax) rebecca.stark@ci.austin.tx.usrebecca.stark@ci.austin.tx.us don.mckinley@ci.austin.tx.usdon.mckinley@ci.austin.tx.us
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Panel Contacts: Austin Municipal CourtAmarillo Municipal Court *Customer Services/Collections Mgr* Court Administrator Don McKinley Victoria Medley (512) 974-4820 (Work) (806) 378-3944 (Work) (512) 974-4682 (Fax) (806) 378-9317 (Fax) don.mckinley@ci.austin.tx.us victoria.medley@amarillo.gov don.mckinley@ci.austin.tx.usvictoria.medley@amarillo.gov Bastrop Municipal Court *Court Admin. & Acting Judge Phyllis Mathison (512) 581-0900 (Work) (512) 321-2810 (Fax) pmathison@ci.bastrop.tx.us
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