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EXECUTIVE SUMMARY:
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Rob Howe, Chief Probation Officer
DATE: January 7, 2020
SUBJECT: Approve Agreement between the Lake County Probation Department and the State of California Franchise Tax Board.
EXECUTIVE SUMMARY:
The Lake County Probation Department is charged with collecting court ordered fines, fees and restitution. We have contracted with the State Franchise Tax Board since December of 2016 to assist in that process. This would be a renewal of that same agreement.
The collection process is difficult with offenders often simply refusing to pay. When an offender is on probation, failure to pay could result in a violation of probation, however, even with that consequence offenders frequently refuse to pay. The terms of fines, fees and restitution often exceed an offender's term of probation, meaning many offenders are released from probation long before their payments are completed. It becomes considerably more difficult to collect when an offender gets released from probation as, without the consequence of a probation violation, the Probation Department has a very limited ability to impose any kind of sanction for refusal to pay.
This Agreement allows the Probation Department to refer delinquent accounts to the State of California, Franchise Tax Board (FTB) for collection. The FTB has considerably more resources and authority to impose penalties for refusal to pay. Those penalties include, but are not limited to, setting up tax assessments, seizing income, filing liens or recommending criminal investigations.
There is no additional up-front cost for the County as the Probation Department already has the software and licensing needed. The FTB would collect a fee, not to exceed 15% of any amount collected, but since only those accounts that we have been unable to collect on would be referred, any amount received by Lake County represents a profit. Not only does an increase in...
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