San Mateo — 06-83

Source: https://sanmateo.courts.ca.gov/system/files/06-83.pdf

Sparse pages use OCR; original PDF remains authoritative.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FILED SAN MATEO COUNTY FEB 9 2006 STANDING ORDER 06-83 IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO STANDING ORDER RE: CIVIL PURSUIT OF CRIMINAL MATTERS AND AUTHORIZING ASSESSMENT OF $300 FOR FAILURE TO PAY ALL OR PORTION OF FINE NUNC PRO TUNC SaaS SS Sw [Penal Code §§ 1214, 1214.1, 1214.2] WHEREAS, PC§ 1214(a) provides that if the judgment is for a fine, including a restitution fine as stated in PC §1214(a) or a diversion restitution fee under PC §1001.90, the judgment may be enforced in the manner provided for the enforcement of money judgments generally, except for any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation or parole or has completed diversion which is enforced by the California Victim Compensation and Government Claims Board as provided for in PC §1214(a); and WHEREAS, PC § 1214(b), which provides for a court to order victim restitution, is not a part of this order and the provisions of this order do not apply to enforcement of victim restitution; and WHEREAS, PC§ 1214.2(a) provides that if a defendant is ordered to pay a fine asa Page 1_of 3 CIVIL PURSUIT OF CRIMINAL MATTERS AND AUTHORIZATION TO ASSESS $300 CIVIL PENAT TY ACORCOMENT BAD PATTI IIDE TN DAV ATT AD DADTION Neg FIND

10 11 12 15 16 17 18 22 23 24 25 condition of probation, the order to pay a fine may be enforced during the term of probation in the same manner as is provided for the enforcement of a money judgment, except that if an order to pay a fine as a condition of probation is stayed, a writ of execution shall not issue until the stay is lifted; and WHEREAS, PC§ 1214.2(b)(2) provides that if any balance of a fine remains unpaid at the end of the term of probation, an order to pay a fine as a condition of probation may be enforced in the same manner as a judgment in a civil action, except that if an order to pay a fine as a condition of probation is stayed, a writ of execution shall not issue until the stay is lifted; and WHEREAS, PC§ 1214.1 provides that subject to specified procedural safeguards, including notice to the defendant and the recalling of bench warrants that may be outstanding for the failure to pay a fine, the court may impose a civil assessment of up to three hundred dollars ($300) against any defendant who fails, after notice and without good cause, to pay all or any portion of a fine ordered by the court; and WHEREAS, the Superior Court of California, County of San Mateo wishes to implement these statutes; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that all criminal fines or restitution fines or fees, except for restitution fines or fees as described in paragraphs 1 and 2 above, that are not paid as directed by the court are to be civilly pursued by the Revenue Services Division of the County of San Mateo’s Employee and Public Services Department. The delinquent fines or fees referred to Revenue Services for civil collection shall Page 2_of 3 CIVIL PURSUIT OF CRIMINAL MATTERS AND AUTHORIZATION TO ASSESS $300 CIVIL PENALTY ASSESSMENT FOR FATLIIRE TO PAY ATT. OR PORTION OR FINE

20 21 22 24 25 not be processed as a violation of probation and no warrant shall issue for the failure to pay the fine. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the clerk or designee is authorized to add a civil assessment pursuant to the provision of Penal Code Section 1214.1, to all fines wherein a payment or the fine has not been paid pursuant to the schedule established by the court, subject to the procedural requirements set forth in section 1214.1 IT IS FURTHER ORDERED that this order shall supersede Standing Orders 97-20, 05-80 and any previous order(s) regarding this subject matter and shall remain in effect indefinitely and until such time as the order is vacated or superseded by order of the Presiding Judge. _— a FEB 9 2008 Zo AI George. Miram, Presiding Judge Page 3_of 3 CIVIL PURSUIT OF CRIMINAL MATTERS AND AUTHORIZATION TO ASSESS $300 CIVIL PENAT TV ASCORCOMENT DOD PATI TIDE TA DAV ATT AD DADTIONN AU VINE