Report 2011-121 Recommendation 3 Responses

Report 2011-121: Probationers' Domestic Violence Payments: Improved Processes for Managing and Distributing These Payments Could Increase Support for Local Shelters (Release Date: September 2012)

Recommendation #3 To: Superior Court of California, County of San Diego

To ensure that it is accurately setting up accounts and to ensure that probationers are not paying more fines and fees than are applicable, San Diego Court should use the guidelines in place at the time of sentencing for those convicted of domestic violence crimes when it establishes accounts for payments.

6-Month Agency Response

San Diego Superior Court indicated that on December 31, 2012, materials were distributed to staff who have the responsibility for creating accounts receivable to assist them with correctly allocating fee/fine revenue to the appropriate account. The materials include the amount that should be allocated to each component that makes up the total amount due, based on sentencing date. According to the San Diego Superior Court, this tool assists staff who are opening accounts receivable on cases that were sentenced months or years ago, by showing what the allocations were at the time the case was sentenced.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

San Diego Court indicated that accounting staff, who open accounts receivable, are now opening accounts on domestic violence cases at the time of sentencing, even if the fines have been stayed pending completion of a program, rather than waiting until the fines and fees become due. According to San Diego Court, the accounting staff are using current sentencing guidelines to ensure proper allocation of fines and fees. Further, San Diego Court explained that for older cases on which the fines and fees were stayed and an account has not yet been opened, staff are opening the accounts receivable as the stays are lifted and the fines and fees become due. It is working to create tools for staff to clearly show the proper allocations for the applicable sentencing dates. San Diego Court expects that full implementation will be complete no later than January 2013. (See 2013-406, p. 181)

California State Auditor's Assessment of 60-Day Status: Partially Implemented

All Recommendations in 2011-121

Agency responses received after June 2013 are posted verbatim.