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County Attorney’s Collections More Than Double

In July of 2007 the Polk County Attorney’s office began full time collection of delinquent court debt, and instituted the drivers license reinstatement program. Four employees work daily to collect overdue obligations owed by persons who have been involved in the criminal justice system.

Last year (fiscal year 08/09) the License reinstatement Program (LRP) saw the number of new participants swell to over 700; up from 300 the first year. There are currently over 500 active clients. Each of these participants pays a minimum of $50 per month on their past due court obligations. As long as they stay current on their payments and provide the County Attorney staff proof of insurance, participants are permitted to obtain and maintain a valid driver’s license. If the County Treasurer has a hold on their tag renewal because of the non-payment of fines, that hold can be lifted by County Attorney staff upon execution of a payment plan.

For those who don’t qualify for LRP or who have court debt that is not traffic related, the Polk County Attorney’s Office has a team of three fine collectors to attempt collection on outstanding debt. Fiscal year 2008/2009 saw record collection of over $537,000 in total collections of which $228,315 was paid directly to Polk County. In the prior fiscal year, Polk County received $95,905.

The Polk County Attorney Collection Staff collects this money through the use of Garnishments, Voluntary Wage Assignments, and Voluntary Payment Plans. The Collection Staff averages 70 Garnishments per month, 88 Payment Plans per month, and 48 Wage Assignments per month on an average of $980,622 in new Court Debt per month.

The County Attorney’s collection staff has also been assisting the Polk County Sheriff’s Office in the Sheriff’s “Pay to Stay” program. Iowa law allows County Sheriffs to charge a daily fee for those prisoners who have been in the Sheriff’s custody in jail, if they ultimately are convicted of a criminal offense. Prisoners who stay in the Polk County jail are charged a $50 per day fee and a one time administrative fee of $75. Those who have the ability to pay who don’t pay up, risk having their wages garnished by the County Attorney’s collection staff.

Fiscal year 2008/2009 saw Sheriff “Pay to Stay” collections jump 22% from last year to $718,728, up from $588,500 in fiscal year 2007/2008 and up 33% from fiscal year 2006/2007 collections of $482,702. Pursuant to Iowa Code Section 356.7, 60% of this money collected must be used for courthouse security equipment and personnel, and infrastructure and improvements of jail and juvenile detention facilities.

County Attorney collections staff in collaboration with the Sheriff’s staff also established a credit card collection system within the new jail so that prisoners can pay with a credit card for their stay at the time of release from jail.

In fiscal year 2007/2008, The Collections’ Program collected $51,785 owed to the Iowa Department of Transportation for civil penalties owed by suspended drivers. Collections for fiscal year 08/09 were $102,166. A 97% increase over the prior year.

Additionally, the Polk County Attorney’s Office is actively seeking collections for Victim Restitution; averaging approximately $4,000 a week collected for Polk County Residents who are victims of crime.

New legislation now allows the County Attorney’s Office to assist individuals with releasing the hold on Vehicle Registration. Offenders with unpaid Court Debt can now sign up for a voluntary payment plan or Wage Assignment with the County Attorney’s Office and their registration hold will be released. The Collections Staff have released vehicle tags for over 475 offenders since July of 2008.

We are also assisting the Iowa Department of Corrections, 5th Judicial District, with their collections efforts. Before a client is discharged from probation they are directed to our office for a voluntary payment plan. We currently see about 45 probationers a week.

The County Attorney’s Collection Program is a division of the Polk County Attorney John Sarcone’s Restorative Justice Center and staff can be reached at 515-286-3057.

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