Kern — STO-22-0014

Source: https://www.kern.courts.ca.gov/system/files/general/authority_of_deputy_clerk_over_payment_and-2for_conversion_of_civil_assessments_pursuant_to_pc_1214.pdf

FILED KERN COUNTY SUPERIOR COURT 7/7/2022

BY _______________________Hinojosa, Ana DEPUTY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF KERN

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11 IN RE: AUTHORITY OF DEPUTY MISCELLANEOUS NO.: STO-22-0014 CLERK OVER PAYMENT ANDIOR12 CONVERSION OF CIVIL 13 ASSESSMENTS PURSUANT TO PENAL CODES §§ 1214.1 ANDIOR 14 PENAL CODE 1214.2(A) (AMENDED)

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16 By Order of the Presiding Judge:

17 WHEREAS, Penal Code Section 1214.1 provides that the court may impose a

18 civil assessment of up to one hundred dollars ($100) against any defendant who fails,

19 after notice and without good cause, to pay all or any portion of a fine ordered by the

20 coud;and

if the judgment is for a21 WHEREAS, Penal Code Section 1214.2(a) provides that

22 fine, including a restitution fine, the judgment may be enforced in the manner provided

23 for the enforcement of money judgments generally; and

24 WHEREAS, the Kern County Superior Court wishes to implement these

25 statutes.

STANDING ORDER— AUTHORITY OF DEPUTY CLERK OVER PAYMENT ANDIOR CONVERSION OF CIVIL
ASSESSMENTS PURSUANT TO PENAL CODES §§ 12141 ANDIOR 1214. 2(A) (AMENDED) —1

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that when a

defendant chooses to clear a forfeitable failure to pay warrant on a non-vehicle code

case, by way of payment reset or payment in full, the failure to pay fine fee assessed

shall be converted to civil assessment in the same amount.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that when the

defendant makes a request for a payment reset due to good cause that the clerk may

administratively deem good cause satisfied and reset an existing payment plan.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that when the

defendant makes a request to have a civil assessment set aside due to good cause

1O that the clerk may administratively deem good cause satisfied and waive the balance

11 of unpaid civil assessment due when:

12 o Sufficient documentation is provided establishing that a defendant was

13 unable to pay by their due date as a result of one of the following limited

14 conditions:

15 o Hospitalization;

16 o Military Duty;

17 o |ncarceration;or

18 o Death.

19 o It is determined that the civil assessment was erroneously added due to

20 clerical or system error by the court.

21 n When the delinquent balance is twenty—five dollars ($25) or less and the

22 defendant pays that amount in full.

23 When a defendant agrees to pay the full amount of the fine(s) after civil

24 assessment was added, authority is granted to Revenue Recovery and Multi-

25 Divisional Court staff to reduce the civil assessment with the following authority level:

STANDING ORDER— AUTHORITY OF DEPUTY CLERK OVER PAYMENT AND/OR CONVERSION OF CIVIL
ASSESSMENTS PURSUANT TO PENAL CODES §§ 1214.1 AND/OR 1214.2(A) (AMENDED) - 2

o Clerk - $25.00

o Lead - $50.00

o Supervisor or Manager - $1 00.00

This order shall supersede any previous order(s) and shall remain in

effect indefinitely and until such time as the order is vacated or superseded by the

Presiding Judge.

Dated: July 7, 2022.

10 ColetteWAM. Humphrey, Présiding Judge Kern County Superior Court 11

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STANDING ORDER— AUTHORITY OF DEPUTY CLERK OVER PAYMENT AND/OR CONVERSION OF CIVIL
ASSESSMENTS PURSUANT TO PENAL CODES §§ 1214.1 AND/OR 1214.2(A) (AMENDED) - 3