1 Discussion Topics Navigating the distribution spreadsheet DEMO Special distribution calculations Special Base Fine Reckless Driving DUI Proof of Insurance Base Enhancement Health amp Safety ID: 697923
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BREAKOUT SESSION 3
Special Distribution Calculations
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Discussion Topics
Navigating the distribution spreadsheet (DEMO)
Special distribution calculations
Special Base Fine
– Reckless Driving, DUI, Proof of InsuranceBase Enhancement – Health & Safety Regular Traffic School – Speeding (2 cases)Red Light Bail Forfeiture Distribution – Red Light city arrestSpecial Traffic School – Red Light, Railroad, Child SeatIAS Top-Down Distribution
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Distribution Spreadsheets
Used by IAS Audits
Disclaimer: All spreadsheets have been updated to reflect what we believe are the statutes in effect as of
TODAY.
Thus, they are subject to change based on laws that are effective subsequent to today’s training. When using the spreadsheets, be sure the fines, penalties, and fees reflect the statutes in effect for the period being reviewed.3Slide4
Review How to Navigate and Use the
Internal Audit Services Audit Spreadsheet.
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Speeding Bail Forfeiture
SpreadsheetCase Example #1
County Arrest
Even Base Fine
Prior VC ViolationWATCH OUT FOR: NOT correctly applying enhancement for priors and 2% state court automation5Slide6
Information for Speeding
Case Example #1
Case Information
:
Violation Date = 1/10/2013Disposition Date = 2/10/2013Arresting Agency = County Sherriff% Split between County and City (Refer to PC 1463.002)Violation = VC 22349(a) 16-25 Over 65 MPHViolation Type = InfractionDisposition = Bail ForfeiturePrior VC Conviction = 1UB&PS = $70 Base Fine6Slide7
Information for Speeding
Case Example #1
Local BOS Penalties:
LCCF = $2
LCJF = $2EMS = $1DNA = $1Auto Fingerprint = $1Additional EMS = $2Court Fees:DMV Administrative Fee = $10Night Court Fee = $1Court Distributions: Entered on spreadsheet from court CMS7Slide8
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Special Spreadsheets
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Special
Base Fine Distribution
Reckless DrivingDUIProof of InsuranceBase Enhanced Distribution
Health and Safety
Regular Traffic School Distribution
Speeding – County Arrest
Speeding – City Arrest
Red Light Bail Forfeiture Distribution
Red Light –
City Arrest
Special Traffic
School Distributions
Red Light Traffic
School
Railroad
Traffic School
Child Seat Traffic School
Top – Down Distribution Example
Speeding Bail ForfeitureSlide11
Special Base Fine Distribution
Pertains to “specified portions of fines that are deposited for special purposes prior to distribution pursuant to PC 1463.001.”
See A
ppendix CRefer to Table 2 of Appendix C11Slide12
Special Base Fine Distribution
Reckless Driving Spreadsheet
The following shall be deposited prior to base fine distribution:
See A
ppendix CPC 1463.14(a) – Alcohol Lab Costs ($50) PC 1463.16 – Alcohol Program Costs ($50) 12Slide13
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Special Base Fine Distribution
DUI Spreadsheet
DUI is
similar
to Reckless Driving, except DUI includes the following:Base Reduction:PC 1463.18 - DUI Indemnity ($20)Additional DUI Penalties:PC 1463.25 – Alcohol Education (up to $50)
PC 1463.14 (b) – DUI Lab Test (up to $50)
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Special Base Fine Distribution
Proof of Insurance
The following special deposits are made prior to distribution of the base fine:
See Appendix CPC 1463.22(a) – County Special Acct ($17.50) PC 1463.22(b) – State Transportation Fund ($3)PC 1463.22(c) – State General Fund ($10) 16Slide17
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Base Fine Enhancements
Amounts that increase the base fine and are subject to penalty and surcharge calculations:
PC 1464 – State Penalty ($10 per 10)
GC 76000 – Local Penalties ($7 per 10)
GC 76104.6 – DNA Penalty ($1 per 10)GC 76104.7 – DNA Additional Penalty ($4 per 10)GC 70372 – State Court Construction Penalty ($5 per 10)PC 1465.7 – 20% State Surcharge18Slide19
Base Fine Enhancement
Health & Safety Spreadsheet
The following fine increments (enhancements) are deposited prior to any transfer pursuant to HS 11502 (General Distribution of Uniform Controlled Substances)
HS 11372.5 - Criminal Lab Fee
See Appendix CBase fine enhancement of $50 for each violation of the HS code under subdivision (b). HS 11372.7 - County Drug Program Fee See Appendix CBase fine enhancement of up to $150 for each violation of the HS codes 11350 through 11392 except HS 11357(b).
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Regular Traffic School Distribution
VC 42007: For a person ordered or permitted to attend traffic school,
a fee is collected in an amount equal to the “total bail”
set forth in the uniform countywide bail schedule or set forth in UB&PS.
See Appendix CIn short, this “total bail” becomes the TVS fee.Because it is a fee, 2% state court automation no longer applies.21Slide22
Regular Traffic School Distribution (cont’d)
In addition to the TVS Fee, the following must be imposed, collected and distributed to the State:
VC 42007.1 – $49 Additional TVS Fee
VC 11208 (c) - $3 DMV Admin Fee
Pursuant to VC 11205.2 (c), Court may also assess an additional fee (up to actual costs) for costs incurred in monitoring traffic violator schools. See Appendix C22Slide23
Regular Traffic School Distribution Process
First, part of the TVS fee on deposit with county, is distributed pursuant to VC 42007(b) and (c):
VC 42007 (b)(1) - $1 for each fund established under GC 76100 and GC 76101
VC 42007 (b)(2) – GC 76104 EMS penalty portion ($2 per 10) of GC 76000 ($7 per 10)
VC 42007 (b)(2) – Additional EMS penalty of GC 76000.5 ($2 per 10)VC 42007 (b)(3) – State Court Construction penalty of GC 70372 ($5 per 10)VC 42007 (c) – City portion of the base fine (net 2%), if city arrest23Slide24
Regular Traffic School Distribution Process
(cont’d)
Next, the following are distributed pursuant to their respective codes (
not part of “total bail”
): PC 1465.7 – 20% State Surcharge (exempts itself from VC 42007 “total bail”) PC 1465.8 – Court Operations Assessment GC 70373 – Criminal Conviction Assessment GC 42006 –$1 Night Court Fee, if applicable 24Slide25
Regular Traffic School Distribution Process
(cont’d)
After the required distributions in steps 1 and 2, the remaining balance of the TVS Fee (TVS Fee Balance) remains on deposit in the County General Fund
NOTE: For 50% Excess MOE reporting, only 77% of the TVS Fee Balance is reported.
The $1 for GC 76100 and the $1 for GC 76101 is distributed from the 23% portion of the TVS Fee Balance, NOT the 77% portion.25Slide26
Regular VC 42007 Traffic School Distribution
Speeding Spreadsheet
County Arrest
WATCH OUT FOR:
What is and is not part of the TVS Fee 26Slide27
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Regular Traffic School Distribution
Speeding Spreadsheet City Arrest
WATCH OUT FOR:
City base fine and how it impacts TVS Fee to the County if 2% not applied
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Regular Traffic School Distribution Process RECAP
Remember:
“Total fine” becomes a TVS Fee when disposed with traffic school (exceptions discussed later.)
Starting with the TVS Fee, perform required distributions under VC 42007 (b) & (c).
The remaining balance of the TVS Fee is distributed to the county general fund.Distribute the 20% Surcharge and the “Hard” amounts (e.g. Court Operations Assessment, etc) pursuant to their own statutes.30Slide31
Red Light Bail Forfeiture Distribution
PC 1463.11: 30% of the base fine, PC 1464, GC 76000, and GC 70372 shall be allocated to the County or City general fund.
See A
ppendix C
After 30% allocation, the remainder (70%) of the base fine, PC 1464, GC 76000, and GC 70372 penalties are distributed pursuant to their respective statutes. See Appendix C31Slide32
Red Light Distribution
Bail Forfeiture Spreadsheet
The
Red Light
(PC 1463.11) and Railroad (PC 1463.12) bail forfeiture distributions are similar, including the 30% allocation. See Appendix CThe only difference is the recipient of the 30% allocation.Therefore, the Red Light and Railroad distribution spreadsheets are similar, except for the recipients of the 30% allocation.
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Special Traffic School Distributions
Some Vehicle Code violations eligible for traffic school
do not follow the regular VC 42007 traffic school distributions
previously discussed.
Instead, specific traffic school distributions apply, or are exempted. For example:Red Light Traffic School – VC 42007.3Railroad Traffic School – VC 42007.4Child Seat Traffic School – VC 27360(e)34Slide35
Special TS Distribution
Red Light TS Spreadsheet
Under VC 42007.3(a)(1), 30% of the TVS Fee collected is allocated to the County or City general fund.
See A
ppendix CReminder: TVS Fee = Total Bail (base + penalties)After the 30% allocation, the remainder of the TVS Fee is distributed pursuant to VC 42007.35Slide36
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Special TS Distribution
Railroad TS Spreadsheet
Similar to Red Light Traffic School distribution
, VC 42007.4(a)(1), also allocates 30% of the TVS Fee to the County or City general fund.
See Appendix CReminder: TVS Fee = Total Bail (base + penalties)HOWEVER, VC 42007.4 (a)(3), distributes the remainder after the 30% allocation pursuant to PC 1463.
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Special TS Distribution
Child Seat TS Spreadsheet
VC 27360.6 distribution includes “notwithstanding any other provisions of law” language, thus specifically exempting itself from other special distributions, including VC 42007.
See A
ppendix C2% state court automation applies because fines and penalties are NOT converted to a fee (TVS Fee.)39Slide40
Special TS Distribution
Child Seat Spreadsheet (cont’d)
Basically, the ONLY difference between a Child Seat bail forfeiture case and a Child Seat traffic school case is the
assessment of traffic school-related fees,
such as:VC 42007.1 – $49 Additional TVS FeeVC 11208 (c) - $3 DMV Admin FeeVC 11205.2 (c) – Actual costs incurred in monitoring traffic violator schools40Slide41
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Top-Down Distribution
This special distribution applies for judge-ordered total fines that do not follow the standard total bail in the UB&PS or the countywide penalty schedule.
These total fines are typically less than the standard total bail.
There is no stated or agreed-upon method for performing the Top-Down distribution, so the following is an example of just one method.
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Top-Down Distribution
Speeding SpreadsheetASSUMPTION:
Standard total fine is $377 but the judge ordered a fine of $300
WATCH OUT FOR:
What distribution components are and are not prorated. 43Slide44
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BREAKOUT SESSION 3
Recap
Covered the Following:
Navigating the IAS distribution spreadsheet (DEMO)
Special distribution examplesSpecial Base Fine – Reckless Driving, DUI, Proof of InsuranceBase Enhancement – Health & Safety Regular Traffic School – Speeding (2 cases)Red Light Bail Forfeiture Distribution – Red Light city arrestSpecial Traffic School – Red Light, Railroad, Child Seat
IAS Top-Down Distribution Example
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BREAKOUT SESSION 3
Special Distribution Calculations
QUESTIONS?
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End Of
BREAKOUT SESSION 3
Special Distribution Calculations
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