2005 Idaho Code - 19-4708 — COLLECTION OF DEBTS OWED TO COURTS -- CONTRACTS FOR COLLECTION

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 47
                            DISPOSITIONS OF FINES,
                            FORFEITURES, AND COSTS
    19-4708.  COLLECTION OF DEBTS OWED TO COURTS -- CONTRACTS FOR COLLECTION.
(1) The clerks of the district court, with the approval of the administrative
district judge, may enter into contracts in accordance with this section for
collection services for debts owed to courts. The cost of collection shall be
paid by the defendant as an administrative surcharge when the defendant fails
to pay any amount ordered by the court and the court utilizes the services of
a contracting agent pursuant to this section.
    (2)  As used in this section:
    (a)  "Contracting agent" means a person, firm or other entity who
    contracts to provide collection services.
    (b)  "Cost of collection" means the fee specified in contracts to be paid
    to or retained by a contracting agent for collection services.
    (c)  "Debts owed to courts" means any assessment of fines, court costs,
    surcharges, penalties, fees, moneys expended in providing counsel and
    other defense services to indigent defendants or other charges which a
    court judgment has ordered to be paid to the court in criminal cases, and
    which remain unpaid in whole or in part, and includes any interest or
    penalties on such unpaid amounts as provided for in the judgment or by
    law.
    (3)  The supreme court may adopt rules as deemed appropriate for the
administration of this section, including procedures to be used in the
negotiation and execution of contracts pursuant to this section, procedures to
be followed by courts which utilize collection services under such contracts,
and procedures for the compromise of debts owed to courts in criminal cases.
    (4)  Each contract entered into pursuant to this section shall specify the
scope of work to be performed and provide for a fee to be paid to or retained
by the contracting agent for collection services. Such fee shall be designated
as the cost of collection, and shall not exceed thirty-three percent (33%) of
the amount collected. The cost of collection shall be deducted from the amount
collected but shall not be deducted from the debts owed to courts.
    (5)  Contracts entered into shall provide for the payment of any amounts
collected to the clerk of the district court for the court in which the debt
being collected originated after first deducting the collection fee. In
accounting for amounts collected from any person pursuant to this section, the
district court clerk shall credit the person's amount owed in the amount of
the net proceeds collected and shall not reduce the amount owed by any person
by that portion of any payment which constitutes the cost of collection
pursuant to this section.
    (6)  With the appropriate cost of collection paid to the contracting agent
as agreed upon in the contract, the clerk shall then distribute the amounts
collected in accordance with the law.