|(a) Summary of CIP Components. The CIP has eleven components.
Four components relate to the way a local program must be implemented,
staffed, and operated. The other seven components relate to the way
program staff communicates with defendants and documents those communications.
In accordance with Article 103.0033(j), OCA will periodically audit
counties and municipalities to confirm implementation of the components
of the CIP; the audit standards are more fully described in §175.5.
In computing any period of time under these rules, when the last day
of the period falls on a Saturday, Sunday, legal holiday, or other
day on which the office is not open for business, then the period
runs until the end of the next day on which the office is open for
(b) Components for Local Program Operations.
(1) Dedicated Program Staff. Each local program must
designate at least one employee whose job description contains an
essential job function of collection activities. The collection job
function may be concentrated in one individual employee or distributed
among two or more employees. The collection function need not require
40 hours per week of an employee's time, but must be a priority.
(2) Payment Plan or Extension Compliance Monitoring.
Program staff must monitor defendants' compliance with the terms of
their payment plans or extensions and document the ongoing monitoring
by either an updated payment due list or a manual or electronic tickler
(3) Delinquent Cases. Each local program must have
a component designed to improve collection of balances more than 60
days past due.
(4) Proper Reporting. The program must report its collection
activity data to OCA at least annually in a format approved by OCA,
as described in §175.4.
(c) Components for Defendant Communications.
(1) Application or Contact Information. For payment
plans or extensions set by a judge, the defendant must provide or
acknowledge contact information and program staff must document it.
In other cases, the defendant must provide a signed or acknowledged
application for extended payment that includes both contact information
and payment ability information. Programs may use a single form for
both contact information and payment ability information, and the
required information must be obtained within one month of the assessment
(2) Verification of Contact Information. Within five
days of receiving the data, program staff must verify both the home
or contact telephone number and the employer or source of support,
if applicable. Verification may be conducted by reviewing written
proof of the contact information, by telephoning the contacts, or
by using a verification service. Verification must be documented by
identifying the person conducting it and the date.
(3) Defendant Interviews. Within 14 days of receiving
an application or a judge-imposed payment plan or extension, program
or court staff must conduct an in-person or telephone interview with
the defendant either to review the application and determine an appropriate
payment plan or extension, or to review the terms of the judge-imposed
payment plan or extension. Interviews must be documented by indicating
the name of the interviewer and date of the interview.
(4) Specified Payment Terms.
(A) Documentation. Payment plans or extensions must
be documented by notation in the judgment or court order, on a docket
sheet, by written or electronic record, or by other means enabling
(B) Payment Guidelines. Payment plans or extensions
should require the highest payment amounts, and should require payment
in full in the shortest period of time that the defendant can successfully
make, considering the amount owed, the defendant's ability to pay,
and the defendant's obligations to pay other court-mandated amounts,
including child support, victim restitution, and fees for drug testing,
rehabilitation programs, or community supervision.
(C) Time Requirements. Time requirements for payment
plans or extensions set by a judge are within judicial discretion.
Payment plans or extensions set by program staff must meet the following
(i) In municipal and justice court cases, full payment
within four months of the assessment date.
(ii) In county and district court cases involving community
supervision, full payment at least two months before expiration of
the term of community supervision.
(iii) In county and district court cases not involving
community supervision and not involving incarceration, full payment
within six months of the assessment date.
(iv) Extension of the time requirements for payment
in full may be allowed if a defendant has multiple cases.
(5) Telephone Contact for Past-Due Payments. Within
one month of a missed payment, a telephone call must be made to a
defendant who has not contacted the program staff. Telephone calls
may be made by an automated system, but an electronic report or manual
documentation of the telephone contact must be available on request.
(6) Mail Contact for Past-Due Payments. Within one
month of a missed payment, a written delinquency notice must be sent
to a defendant who has not contacted the program. Written notice may
be sent by an automated system, but an electronic report or manual
documentation of the mail contact must be available on request.
(7) Contact if Capias Pro Fine Sought. If a capias
pro fine will be sought, the program must make another telephone call
or send another written notice to the defendant within one month of
the telephone call described in paragraph (5) of this subsection or
the written delinquency notice described in paragraph (6) of this
subsection, whichever is later. An electronic report or manual documentation
of the contact must be available on request.
(d) Exceptions to Defendant Communications Rules. Exceptions
to the defendant communications rules described in subsection (c)
of this section are limited to those cases in which timely access
to the defendant in order to obtain the required application or contact
information is not possible, and efforts to obtain an application
or contact information are documented, as provided in paragraphs (1)
and (2) of this subsection.
(1) Attempt to Obtain Application or Contact Information.
An attempt to obtain an application or contact information described
in subsection (c)(1) of this section is made, either by mailing an
application or contact information form or by obtaining the information
via the telephone before a plea is made by the defendant or within
7 days of the court's acceptance of a plea. An electronic report or
manual documentation of the attempt must be available on request.
Should a completed application or contact information form not be
returned by the defendant and the post office has not returned the
application or contact information form as undeliverable, the program
must make a second attempt to contact the defendant with any existing
available information within one month of the first attempt. An electronic
report or manual documentation of the second attempt must be made
available on request.
(2) Application or Contact Information Is Obtained.
Should a completed application or contact information form be returned
to the program by a defendant as the result of an attempt described
in paragraph (1) of this subsection, it will be considered timely
and all other timing requirements for defendant communications described
in subsection (c)(2) and (3) of this section are based on the later
of the assessment date or the date the program receives the application
or contact information form.
|Source Note: The provisions of this §175.3 adopted to be effective December 19, 2007, 32 TexReg 9323; amended to be effective December 8, 2008, 33 TexReg 9971; amended to be effective July 15, 2012, 37 TexReg 5113