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2015-03-01 (2)
CITY-OF-BATESVILLE
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2015-03-01 (2)
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s <br /> A.C.A. § 16-13-709 <br /> § 16-13-709. Responsibility for collection <br /> Effective:January 1, 2012 <br /> (2)(A)(i)The governing body or, if applicable,each governing body of a political subdivision which contributes <br /> to the expenses of a district court shall designate a county, town,or city official,agency,or department who <br /> shall be primarily responsible for the collection of fines assessed in the district courts of this state. <br /> (ii)All fines collected each month in district court or a department of district court by the designated county, <br /> town,or city official, agency,or department shall be disbursed by the tenth working day of the following <br /> month pursuant to § 16-17-707. <br /> (B)The chief of police of the town or city in which a district court is located shall remain responsible for <br /> collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration <br /> pursuant to law in district court. <br /> (C)(i)The governing body or, if applicable,each governing body of a political subdivision which contributes to <br /> the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed <br /> in district court to a private contractor. <br /> (ii)The contractor may receive under a written contract a commission on delinquent fines collected for district <br /> court. <br /> (iii)The commission agreed to be received by the private contractor shall be a portion of the total fine owed by <br /> a defendant. <br /> (iv)The court shall credit the defendant with the gross amount remitted to the private contractor. <br /> (v)The private contractor shall remit the gross amount collected to the county,town,or city official,agency, or <br /> department designated under subdivision(a)(2)(A)of this section on a monthly basis. <br /> (vi)The commission expense shall be apportioned among each governing body of a political subdivision which <br /> contributes to the expenses of a district court in proportion to the gross amount of fines collected for that <br /> political subdivision. <br /> (vii) Payment of the commission shall be according to accounting procedures prescribed by law. <br /> (viii)The remainder of fines received shall be disbursed pro rata under this section and§§ 16-10-209, 16-10- <br /> 308, and 16-17-707. <br /> (3)"Delinquent" means any fines assessed in the circuit courts or district courts of this state which have not <br /> been paid as ordered for a period of ninety(90)days or three (3) payments,either consecutive or concurrent, <br /> since payment was ordered or since last partial payment was received. <br /> (4)A copy of the ordinance making the designation shall be provided to the Administrative Office of the <br /> Courts. <br /> (b)(1) If a private contractor is selected to collect delinquent fines,then to ensure the integrity of the court and <br /> to protect the county,town,or city,the contractor shall register with the Secretary of State and shall file with <br /> the Secretary of State a surety bond or certificate of deposit. (see opposite page for more information) <br />
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