Collection of Fines, Fees and Restitution from Convicted Persons

Presented byJames W. Hardesty

Associate Chief JusticeNevada Supreme Court

March 30, 2010

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When a person is convicted of committing a crime, the sentence imposed often includes a fine, administrative assessments, fees and restitution. Despite all of these amounts which the convicted person is responsible to pay, no single entity is assigned the primary responsibility for coordinating and collecting those amounts.

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Fines, Administrative Assessments, Fees and Restitution are included in the final judgment of the Court. However, these funds are directed to different state and local agencies, the Court system and victims.

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FINES are payable to the Permanent School Fund under Article 11, Section 3 of Nevada’s Constitution and NRS 176.265

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Under NRS 176.059(8) ADMINISTRATIVE ASSESSMENTS in misdemeanor cases are payable: a) Not less than 51% to the Administrative Office of the

Courts b) Not more than 49% determined by legislative

authorization to: 1) The Central Repository for Nevada Records of Criminal

History; 2) The Peace Officers’ Standards and Training Commission; 3) The operation by the Department of Public Safety of a

computerized interoperative system for information related to law enforcement;

4) The Fund for the Compensation of Victims of Crime; and 5) The Advisory Council for Prosecuting Attorneys.

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ADMINISTRATIVE ASESSMENTS for felony or gross misdemeanor cases are payable to the State Controller for the benefit of the Attorney General as authorized by the Legislature under NRS 176.062.

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FEES such as public defender fees (NRS 178.3975), a biological specimen (DNA) fee of $150 (NRS 176.0915), or a chemical analysis fee of $60 (NRS 453.575), generally benefit local governments.

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RESTITUTION is payable to victims of crime and is collected by a) The Division of Parole and Probation in felony

and gross misdemeanor cases under NRS 176A.430; or

b) The Justice Courts or the County in the case of a misdemeanor under NRS 4.3755

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While all of the collection statutes make clear that the defendant is liable and must pay for fines, administrative assessments, and fees, no entity is directed to collect these sums.

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NRS 176.064(2) provides:

A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take any or all of the following actions:

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NRS 176.064(3)(a) and (b) provides in part:The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take any or all of the following actions, in the following order of priority if practicable:

(a) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.

(b) Order the suspension of the driver’s license of the defendant. . . .

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The length of probation is frequently too short to collect all restitution that has been ordered. NRS 176A.850(2) provides that:

Any amount of restitution remaining unpaid (after an honorable discharge) constitutes a civil liability arising upon the date of discharge.

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NRS 176.275 provides that:

A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of his defense constitutes a lien in like manner as a judgment for money rendered in a civil action.

Please note that the statute fails to mention liens for court ordered biological specimen or chemical analysis fees.

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On October 2, 2006, the Nevada Supreme Court ordered all district, justice and municipal courts to follow Minimum Accounting Standards (MAS). These standards require biennial reporting requirements beginning in fiscal year 2008.

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The MAS Audit Report for the Second Judicial District Court (Washoe County) showed the following: $20 portion of the $25 Administrative Assessment Fee

- Case initiated 2000 to present - $350,478.01 Public Defender Fee - Case initiated 2000 to present -

$6,684,714.03 Chemical Analysis Fee - Case initiated 2000 to

present - $285,573.26 DNA Fee - Case initiated 2000 to present -

$1,182,669.93 Fine - Case initiated 2000 to present - $10,749,350.59

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The Advisory Commission recommended AB 271 to the Legislature in 2009. This measure would have centralized the responsibility for the collection of fines, administrative assessments, fees, and restitution under the Administrative Office of the Courts. AB 271 passed the Assembly but was not heard in the Senate.

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An alternative to AB 271 for centralized collection may be amendments to NRS Chapter 353C which centralizes the collection of state debts with the State Controller and the Attorney General.

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