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BREAKOUT SESSION 3 Special Distribution Calculations BREAKOUT SESSION 3 Special Distribution Calculations

BREAKOUT SESSION 3 Special Distribution Calculations - PowerPoint Presentation

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BREAKOUT SESSION 3 Special Distribution Calculations - PPT Presentation

1 Discussion Topics Navigating the distribution spreadsheet DEMO Special distribution calculations Special Base Fine Reckless Driving DUI Proof of Insurance Base Enhancement Health amp Safety ID: 697923

traffic distribution school fee distribution traffic fee school special fine base 42007 tvs light red bail 1463 county spreadsheet

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Slide1

BREAKOUT SESSION 3

Special Distribution Calculations

1Slide2

Discussion Topics

Navigating the distribution spreadsheet (DEMO)

Special distribution calculations

Special Base Fine

– Reckless Driving, DUI, Proof of InsuranceBase Enhancement – Health & Safety Regular Traffic School – Speeding (2 cases)Red Light Bail Forfeiture Distribution – Red Light city arrestSpecial Traffic School – Red Light, Railroad, Child SeatIAS Top-Down Distribution

2Slide3

Distribution Spreadsheets

Used by IAS Audits

Disclaimer: All spreadsheets have been updated to reflect what we believe are the statutes in effect as of

TODAY.

Thus, they are subject to change based on laws that are effective subsequent to today’s training. When using the spreadsheets, be sure the fines, penalties, and fees reflect the statutes in effect for the period being reviewed.3Slide4

Review How to Navigate and Use the

Internal Audit Services Audit Spreadsheet.

4Slide5

Speeding Bail Forfeiture

SpreadsheetCase Example #1

County Arrest

Even Base Fine

Prior VC ViolationWATCH OUT FOR: NOT correctly applying enhancement for priors and 2% state court automation5Slide6

Information for Speeding

Case Example #1

Case Information

:

Violation Date = 1/10/2013Disposition Date = 2/10/2013Arresting Agency = County Sherriff% Split between County and City (Refer to PC 1463.002)Violation = VC 22349(a) 16-25 Over 65 MPHViolation Type = InfractionDisposition = Bail ForfeiturePrior VC Conviction = 1UB&PS = $70 Base Fine6Slide7

Information for Speeding

Case Example #1

Local BOS Penalties:

LCCF = $2

LCJF = $2EMS = $1DNA = $1Auto Fingerprint = $1Additional EMS = $2Court Fees:DMV Administrative Fee = $10Night Court Fee = $1Court Distributions: Entered on spreadsheet from court CMS7Slide8

8Slide9

9Slide10

Special Spreadsheets

10

Special

Base Fine Distribution

Reckless DrivingDUIProof of InsuranceBase Enhanced Distribution

Health and Safety

Regular Traffic School Distribution

Speeding – County Arrest

Speeding – City Arrest

Red Light Bail Forfeiture Distribution

Red Light –

City Arrest

Special Traffic

School Distributions

Red Light Traffic

School

Railroad

Traffic School

Child Seat Traffic School

Top – Down Distribution Example

Speeding Bail ForfeitureSlide11

Special Base Fine Distribution

Pertains to “specified portions of fines that are deposited for special purposes prior to distribution pursuant to PC 1463.001.”

See A

ppendix CRefer to Table 2 of Appendix C11Slide12

Special Base Fine Distribution

Reckless Driving Spreadsheet

The following shall be deposited prior to base fine distribution:

See A

ppendix CPC 1463.14(a) – Alcohol Lab Costs ($50) PC 1463.16 – Alcohol Program Costs ($50) 12Slide13

13Slide14

Special Base Fine Distribution

DUI Spreadsheet

DUI is

similar

to Reckless Driving, except DUI includes the following:Base Reduction:PC 1463.18 - DUI Indemnity ($20)Additional DUI Penalties:PC 1463.25 – Alcohol Education (up to $50)

PC 1463.14 (b) – DUI Lab Test (up to $50)

14Slide15

15Slide16

Special Base Fine Distribution

Proof of Insurance

The following special deposits are made prior to distribution of the base fine:

See Appendix CPC 1463.22(a) – County Special Acct ($17.50) PC 1463.22(b) – State Transportation Fund ($3)PC 1463.22(c) – State General Fund ($10) 16Slide17

17Slide18

Base Fine Enhancements

Amounts that increase the base fine and are subject to penalty and surcharge calculations:

PC 1464 – State Penalty ($10 per 10)

GC 76000 – Local Penalties ($7 per 10)

GC 76104.6 – DNA Penalty ($1 per 10)GC 76104.7 – DNA Additional Penalty ($4 per 10)GC 70372 – State Court Construction Penalty ($5 per 10)PC 1465.7 – 20% State Surcharge18Slide19

Base Fine Enhancement

Health & Safety Spreadsheet

The following fine increments (enhancements) are deposited prior to any transfer pursuant to HS 11502 (General Distribution of Uniform Controlled Substances)

HS 11372.5 - Criminal Lab Fee

See Appendix CBase fine enhancement of $50 for each violation of the HS code under subdivision (b). HS 11372.7 - County Drug Program Fee See Appendix CBase fine enhancement of up to $150 for each violation of the HS codes 11350 through 11392 except HS 11357(b).

19Slide20

20Slide21

Regular Traffic School Distribution

VC 42007: For a person ordered or permitted to attend traffic school,

a fee is collected in an amount equal to the “total bail”

set forth in the uniform countywide bail schedule or set forth in UB&PS.

See Appendix CIn short, this “total bail” becomes the TVS fee.Because it is a fee, 2% state court automation no longer applies.21Slide22

Regular Traffic School Distribution (cont’d)

In addition to the TVS Fee, the following must be imposed, collected and distributed to the State:

VC 42007.1 – $49 Additional TVS Fee

VC 11208 (c) - $3 DMV Admin Fee

Pursuant to VC 11205.2 (c), Court may also assess an additional fee (up to actual costs) for costs incurred in monitoring traffic violator schools. See Appendix C22Slide23

Regular Traffic School Distribution Process

First, part of the TVS fee on deposit with county, is distributed pursuant to VC 42007(b) and (c):

VC 42007 (b)(1) - $1 for each fund established under GC 76100 and GC 76101

VC 42007 (b)(2) – GC 76104 EMS penalty portion ($2 per 10) of GC 76000 ($7 per 10)

VC 42007 (b)(2) – Additional EMS penalty of GC 76000.5 ($2 per 10)VC 42007 (b)(3) – State Court Construction penalty of GC 70372 ($5 per 10)VC 42007 (c) – City portion of the base fine (net 2%), if city arrest23Slide24

Regular Traffic School Distribution Process

(cont’d)

Next, the following are distributed pursuant to their respective codes (

not part of “total bail”

): PC 1465.7 – 20% State Surcharge (exempts itself from VC 42007 “total bail”) PC 1465.8 – Court Operations Assessment GC 70373 – Criminal Conviction Assessment GC 42006 –$1 Night Court Fee, if applicable 24Slide25

Regular Traffic School Distribution Process

(cont’d)

After the required distributions in steps 1 and 2, the remaining balance of the TVS Fee (TVS Fee Balance) remains on deposit in the County General Fund

NOTE: For 50% Excess MOE reporting, only 77% of the TVS Fee Balance is reported.

The $1 for GC 76100 and the $1 for GC 76101 is distributed from the 23% portion of the TVS Fee Balance, NOT the 77% portion.25Slide26

Regular VC 42007 Traffic School Distribution

Speeding Spreadsheet

County Arrest

WATCH OUT FOR:

What is and is not part of the TVS Fee 26Slide27

27Slide28

Regular Traffic School Distribution

Speeding Spreadsheet City Arrest

WATCH OUT FOR:

City base fine and how it impacts TVS Fee to the County if 2% not applied

28Slide29

29Slide30

Regular Traffic School Distribution Process RECAP

Remember:

“Total fine” becomes a TVS Fee when disposed with traffic school (exceptions discussed later.)

Starting with the TVS Fee, perform required distributions under VC 42007 (b) & (c).

The remaining balance of the TVS Fee is distributed to the county general fund.Distribute the 20% Surcharge and the “Hard” amounts (e.g. Court Operations Assessment, etc) pursuant to their own statutes.30Slide31

Red Light Bail Forfeiture Distribution

PC 1463.11: 30% of the base fine, PC 1464, GC 76000, and GC 70372 shall be allocated to the County or City general fund.

See A

ppendix C

After 30% allocation, the remainder (70%) of the base fine, PC 1464, GC 76000, and GC 70372 penalties are distributed pursuant to their respective statutes. See Appendix C31Slide32

Red Light Distribution

Bail Forfeiture Spreadsheet

The

Red Light

(PC 1463.11) and Railroad (PC 1463.12) bail forfeiture distributions are similar, including the 30% allocation. See Appendix CThe only difference is the recipient of the 30% allocation.Therefore, the Red Light and Railroad distribution spreadsheets are similar, except for the recipients of the 30% allocation.

32Slide33

33Slide34

Special Traffic School Distributions

Some Vehicle Code violations eligible for traffic school

do not follow the regular VC 42007 traffic school distributions

previously discussed.

Instead, specific traffic school distributions apply, or are exempted. For example:Red Light Traffic School – VC 42007.3Railroad Traffic School – VC 42007.4Child Seat Traffic School – VC 27360(e)34Slide35

Special TS Distribution

Red Light TS Spreadsheet

Under VC 42007.3(a)(1), 30% of the TVS Fee collected is allocated to the County or City general fund.

See A

ppendix CReminder: TVS Fee = Total Bail (base + penalties)After the 30% allocation, the remainder of the TVS Fee is distributed pursuant to VC 42007.35Slide36

36Slide37

Special TS Distribution

Railroad TS Spreadsheet

Similar to Red Light Traffic School distribution

, VC 42007.4(a)(1), also allocates 30% of the TVS Fee to the County or City general fund.

See Appendix CReminder: TVS Fee = Total Bail (base + penalties)HOWEVER, VC 42007.4 (a)(3), distributes the remainder after the 30% allocation pursuant to PC 1463.

37Slide38

38Slide39

Special TS Distribution

Child Seat TS Spreadsheet

VC 27360.6 distribution includes “notwithstanding any other provisions of law” language, thus specifically exempting itself from other special distributions, including VC 42007.

See A

ppendix C2% state court automation applies because fines and penalties are NOT converted to a fee (TVS Fee.)39Slide40

Special TS Distribution

Child Seat Spreadsheet (cont’d)

Basically, the ONLY difference between a Child Seat bail forfeiture case and a Child Seat traffic school case is the

assessment of traffic school-related fees,

such as:VC 42007.1 – $49 Additional TVS FeeVC 11208 (c) - $3 DMV Admin FeeVC 11205.2 (c) – Actual costs incurred in monitoring traffic violator schools40Slide41

41Slide42

Top-Down Distribution

This special distribution applies for judge-ordered total fines that do not follow the standard total bail in the UB&PS or the countywide penalty schedule.

These total fines are typically less than the standard total bail.

There is no stated or agreed-upon method for performing the Top-Down distribution, so the following is an example of just one method.

42Slide43

Top-Down Distribution

Speeding SpreadsheetASSUMPTION:

Standard total fine is $377 but the judge ordered a fine of $300

WATCH OUT FOR:

What distribution components are and are not prorated. 43Slide44

44Slide45

BREAKOUT SESSION 3

Recap

Covered the Following:

Navigating the IAS distribution spreadsheet (DEMO)

Special distribution examplesSpecial Base Fine – Reckless Driving, DUI, Proof of InsuranceBase Enhancement – Health & Safety Regular Traffic School – Speeding (2 cases)Red Light Bail Forfeiture Distribution – Red Light city arrestSpecial Traffic School – Red Light, Railroad, Child Seat

IAS Top-Down Distribution Example

45Slide46

BREAKOUT SESSION 3

Special Distribution Calculations

QUESTIONS?

46Slide47

End Of

BREAKOUT SESSION 3

Special Distribution Calculations

47