Warrant Round Ups and Other Collection Ideas

1. Warrant Round Ups and Other Collection Ideas Facilitator: Rebecca Stark, Austin Municipal Court Panel: Don McKinley, Austin Municipal Court Victoria Medley, Amarillo Municipal Court Phyllis Mathison, Bastrop Municipal Court

2. Why it is important … • Lack of penalty if don’t collect/serve warrants • Enhance compliance • Clear outstanding warrants • Increase revenue • Part of new collection program • Other

3. Warrant Round Up …why should I? • Number of outstanding warrants • Age of outstanding warrants • Can’t serve all warrants • Staffing • Defendant location • Unable to locate defendants • Other

4. Warrant Round Up vs Amnesty … • Amnesty • Concentrated effort to enforce warrants • Incentive(s) offered • Financial based • Freedom based • Warrant Round Up • Concentrated effort to enforce warrants • No incentive(s) other than not getting arrested when event starts

5. WRU Incentives … • Waive warrant fee? • No - Art. 102.011 C.C.P. • (a) – “A defendant convicted of a felony or a misdemeanor shall pay the following fees for services performed by a peace officer: • (a) (2) - $50 for executing or processing an issued arrest warrant or capias …”

6. WRU Incentives … • What incentives? • Financial based • Dismiss FTA or VPTA • Reduce fine (but not court costs, fees) • Freedom based • Period of time where won’t make arrests while persons voluntarily handling warrants • Other?

7. WRU Parties … • Need single point of contact (coordinator) • Include • Court • Judge(s), Prosecutor(s), Clerk(s) • Law Enforcement • Police, Sheriff, Marshals, Constables, Reserves, Cadets, ISD, College • Other City Entities • Finance, City Manager, City Council, Law Dept. • Other Outside Entities • Other jurisdictions, jail, media, collection agency, etc.

8. WRU Timing … • Defendant’s ability to pay • Tax returns • First/last of month • School breaks • Participant schedules • Coordinate with budget process • Revenue • Expenses • Coordination between law enforcement and court • Possible coordination with other entities

9. WRU Voluntary Compliance … • Easiest way to get a warrant served • 96% of Austin’s large round up • Phone calls • Notices, no matter how many sent before • Advertising

10. WRU Notices … • Notices very effective* • Self, collection agency, other • Recommend at least 2 weeks in advance • Different design from other notices • Send for all warrants (don’t exclude because of distance) • What to do with return letters • If multi-jurisdictional, include as many names of other entities as possible

11. WRU Advertising … • Notices – your entity, collection agency • Press conference* • News releases* (public service announcements) • Paid ads • Cable television* • WEB site and/or IVR (city and/or court) • Other city notices (water bills, electrical bills) • Media • Be read for questions • Provide statistics

12. WRU Other Considerations … • Notices must be followed by actual arrests • Shouldn’t just be threat • Round Up Day or Days • Extended court hours? • Where to take arrestees: court, jail, other • Door hangers • Need additional help? • Cost • Notices, overtime, utilities, extra security, supplies, etc. • See Attachment

13. WRU Follow-Up … • Coordinator • Statistics (compared to usual) • Number warrants served - terminated, cancelled • Number of $ received • Credits - time served, waivers, etc. • Costs – actual (& compared to revenue) • Reports • City Manager • City Council • Possibly media • Participants • Reward / recognize employees

14. WRU Get Ready Now … • Budget now – Court and Law Enforcement • Notices, overtime, extra help, ads, etc. • Gather some statistics • # warrants vs. # cleared vs. # arrests during non-round up time to compare to round-up • $ collected on warrants • Other

15. WRU … • Questions?

16. Collection Ideas

17. What is “Collections”? • Generally thought of a separate unit or vendor to collect “aged” cases • Collections can be a part of every stage of case processing • Including a separate Court unit and/or outside entity • Look at all court operations for collection opportunities* • Flow chart or diagram your court processes, starting with citations, and look for ways to make compliance easier, faster • Implement changes, analyze the results for effectiveness

18. Case Initiation … • Multiple page citations or handouts that include major violation fines, extensive information and return envelopes* • Electronic ticket writers (Technology Fund) • Citation information entered into case management system ASAP • 24 hours • Overnight • Immediately upon issuance

19. Appearance Date … • How many days? • Faster is better • What date? • Actual date more effective than general date* • Pre-appearance date phone call • Can irritate customers, but can also get thanked due to other collection techniques (to be discovered later )

20. Immediate Customer Contact … • Information other than citation • Internet applications – info, payments • www.ci.austin.tx.us/court • www.alvin.tx.citygovt.org • IRV (phone) – info, payments • Austin’s system: 512-974-4800 • Actual telephone operators – info, payments • In-person appearance • “Empower” clerks as much as possible • Multiple court locations (substations)

21. Personal Customer Service … • Customer Service Representatives: • Confidence – must know what they are doing and the customer needs to believe it • Courtesy and professionalism at all times • Assume defendants CAN and WILL pay • Keep control of the conversation • Tell the customer what needs to be done • Answer customer questions, but don’t “lead” • Get “commitment” from defendant • Nice to have adequate number of employees 

22. Payments … • Make payment as easy as possible • In Person or Mail • Drop Box • Through Western Union • Credit Cards – in person or phone or WEB • Check drafts • Personal checks • Other?

23. Payment Plans … • Judges to set general guidelines • If meet guidelines, small application* and payment • If cannot meet guidelines, more complicated and time consuming application (nuisance factor) • Defendant must complete financial statement to get plan* • Bring in “proof” • Call to verify phone number, employment • Connection to credit bureau • Give payment books or send monthly reminders • See dedicated clerk who is good at this for processing

24. Delinquent Notice … • Defendant fails to contact court by initial appearance date* • Automate printing if possible from case management system (Technology Fund) • Include: • English and Spanish (or other) • Return envelope (Postage pre-paid not needed) • Options and other info to facilitate compliance • Bar code (if system can read them) (Tech Fund) • Go directly to case when customer comes in • Immediately mark “bad addresses” without even opening the envelope*

25. Pre-Warrant Phoning … • Generate list (or pull files) of delinquent cases after appearance date • Attempt pre-warrant telephone contact: • To resolve case • To verify address information • Leave message if no direct contact • Integrate automatic call system to case management system to make calls and leave messages • Purchase equipment (Tech Fund) • Internet service

26. Pre-Docket Phoning … • Call prior to appearance and/or trial docket • Increase appearance rate • Sometimes defendant pays • Can be automated with call system • Equipment • Internet service

27. “Skip Tracing”… • Bar coded notices may be scanned into the computer system if mail is returned • Batch FTP updates OR individually research • Results of phone contacts are entered into the computer system • Skip tracing sources: • Internet – Individual lookup and batched • Local Utility – Electric, Water, Gas Customers • Texas Employment Office • Police Department • Vendors

28. Failure to Appear … • File “Violation of Promise to Appear” on those not appearing as promised on Subtitle C citations • Affidavit by employee • Can issue warrant • File “Failure to Appear” on those not appearing as promised on non-Subtitle C citation or on scheduled dockets • Affidavit by employee • Can issue warrant

29. Tiered Fine Schedule … • Tiered fine schedule (2, 3, more) • Higher fine (% or $) if no appearance is made by appearance date or other specified time • Applicable to all violations (signed or not; number of violations per citation) • This program may replace the “Violation of Promise to Appear” (VPTA) program or in addition to it • Separate charge with fine & court costs • Lower cost for defendant with same or more income for court (less for state)

30. Capias (Warrant of Arrest) … • Letters automatically generated from the case management system, signed by law enforcement* • Get with Judge about when to add $50 fee • Attempt telephone contact to achieve immediate resolution • Failure to respond may lead to “Warrant Worksheet” being completed and forwarded to law enforcement for defendant’s arrest

31. FTA Program … • DPS (Omnibase) Failure To Appear program • Notification sent to DPS to place hold on Driver’s license issuance/renewal • Report non-appearance and non-compliance • DPS sends notice to defendant • Discuss with city attorney • Law says must pay for dismissals

32. Registration Holds … • Contract with TxDOT or County Tax Assessor/Collector to withhold vehicle registration renewal if have traffic warrant • Name on warrant and name on registration must match • Decide what to do with multiple owners • Need process • Tax Assessor/Collectors are generally reluctant for political reasons

33. “Your Time Is Up” Notice … • Send notice* when an event date passes such as: • Failure to make payment after receiving extension • Defaulting on a payment plan • Failure to appear at revocation or show cause hearing • Failure to comply with other court orders • Automate if possible from case management system • Include • English and Spanish (or other) • Return envelope (Not necessary to postage pre-pay) • Options and other information to facilitate compliance • Bar code (if system can read them) • Go directly to case when customer comes in • Immediately mark “bad addresses” without even opening the envelope

34. Capias Pro-Fine … • Issued on cases with past due judgments • Telephone contact is attempted to achieve immediate resolution • Failure to respond may lead to “Warrant Worksheet” being completed and forwarded to law enforcement for defendant’s arrest

35. Warrant Worksheet … • Complied for law enforcement use and contains*: • Defendant name and known aliases, race, sex, D.O.B., height, weight, hair and eye color, verified home address, etc. • Address verified through utility records, police data base, skip tracing efforts, etc. • TCIC/NCIC, DL, Vehicle check • Any known premise hazards • Maximizes officer time

36. City Marshals … • Dedicated to arresting persons with outstanding warrants • Process arrestees brought to Court or jail • May want to consider: • Take non-cash payments in the field • Authorize arrestee to call Court or go online to take credit card payments • Leave door hangers if defendants not at home*

37. Collection Agency … • Contract with a vendor to collect aged cases • Collects on cases with judgments • Locates and may get pleas on cases without judgments • May need Council approval • Send “Last Chance” notice* prior to sending to agency • Collection fee added • Definitely on adjudicated cases; check with Judge / City Attorney / Law Dept. on unadjudicated cases • Be involved with negotiating contract • Payment to vendor (30% of original balance, not 30% of the balance vendor is collecting) • Partial payment handling; especially on warrants

38. Special Events/Projects … • Warrant Round Ups • Single jurisdictions • Multi-jurisdictional • Warrant Saturations • Mini warrant round ups (partial city) with or w/o notices • Special mailings and phone campaigns • Click It or Ticket • Spotlight on Speeders • Pulling over Parkers • You may be eligible … • Etc.

39. Other Programs … • Report to other states using the Non-Resident Violator Compact • DIC-81 filed on delinquent youth cases • Consider higher cost on discretionary DSCs or deferred dispositions after appearance date • More retained revenue

40. WRU/Collections Summary … Do Something … • If you can’t take a big step, take a small step. • If you can’t take a small step, take a tiny step. • Take action and you will no longer merely think you can do it. After even the smallest step, you’ll know for sure. - Ralph Marston

41. Facilitator Contact: • Austin Municipal Court P.O. Box 2135 701 E. 7th Street Austin, Texas 78768 Austin, Texas 78701 *Court Administrator *Collections Manager Rebecca Stark Don McKinley (512) 974-4690 (Work) (512) 974-4820 (Work) (512) 974-4682 (Fax) (512) 974-4682 (Fax) rebecca.stark@ci.austin.tx.usdon.mckinley@ci.austin.tx.us

42. Panel Contacts: • Austin Municipal Court Amarillo Municipal Court *Customer Services/Collections Mgr * Court Administrator Don McKinley Victoria Medley (512) 974-4820 (Work) (806) 378-3944 (Work) (512) 974-4682 (Fax) (806) 378-9317 (Fax) don.mckinley@ci.austin.tx.usvictoria.medley@amarillo.gov • Bastrop Municipal Court *Court Admin. & Acting Judge Phyllis Mathison (512) 581-0900 (Work) (512) 321-2810 (Fax) pmathison@ci.bastrop.tx.us