Section 4-301 : Priority of Offender Payments
Arizona Revised Statutes AnnotatedCode of Judicial AdministrationEffective: November 8, 2023
Effective: November 8, 2023
AZ ST Code of Jud. Admin., § 4-301
Section 4-301: Priority of Offender Payments
“Application” means the association of a payment to a financial obligation owed to the court.
“Category” means the type of obligation, such as restitution, time payment fee, fines and surcharges, prison construction and operations assessments, or driving under the influence (DUI) abatement assessments.
“Collections fee” means a percentage-based fee imposed on the offender for collection agency services to collect unpaid court obligations, including the “FARE Special Collections” fee.
“Court” means a limited jurisdiction court in Arizona.
“Criminal charge” means a violation of a statute or local ordinance designated as a misdemeanor or petty offense.
“Electronic payment” means a payment using a credit or debit card or other financial transaction that may be transmitted and accepted through electronic methods such as web-based interaction or interactive voice response systems.
“FARE fee” means any fee established by administrative order of the supreme court designated to cover a cost for services provided to enhance enforcement of court orders.
“Misdemeanor” means statute or local ordinance violations that are designated as a misdemeanor and include operating under the influence, criminal traffic, and non-traffic criminal offenses.
“Obligation” means the amount the offender or designated payor is ordered to pay.
“Offender” means a person or entity who is ordered to pay an obligation in any criminal or civil traffic case.
“Other fees or reimbursable costs” means any fees or reimbursable costs authorized by statute or local ordinance and imposed pursuant to court order, excluding collection fees. These include, but are not limited to: non-sufficient fund fees, probation fees, process server costs, court-appointed attorney fees, default fees, warrant fees, local court/public safety enhancement fees, substance abuse screening fees, and jail costs.
“Payor” means the individual or entity making the offender's payment(s).
“Payment” means any amount of money received by the court for an obligation.
“Payment plan” means an approved agreement, not terminated, between the offender or designated payor and the court for obligations not paid in full the day of sentencing or a court-ordered schedule of periodic payments.
E. Application of Payments to Obligations. The court shall apply payments to the categories and subcategories of obligations in the order listed below, except as provided in subsections (F) and (G). If there are two or more unpaid obligations within a category or subcategory, the court shall apply the payment between or amongst the obligations in any reasonable manner consistent with statute, rules of court, local ordinance, administrative order, or local rule. If the unpaid obligations are equal in priority within a category or subcategory, the court shall establish policies to apply the payment either proportionately, oldest case first, or smallest unpaid balance.
3. Pursuant to supreme court administrative orders, any FARE fees, excluding FARE Special Collections fees, shall be the next priority following the time payment fee pursuant to A.R.S. § 12-116(A). The FARE Advisory Committee shall recommend the priority of payment for each FARE fee subject to review and approval by the chief justice.
5. Fines, sanctions, penalties, and surcharges imposed pursuant to court order shall be the next priority. The local jurisdiction may elect to apply payment to either criminal charges or civil traffic charges first. After criminal charges and civil traffic charges, payment shall next be applied to obligations associated with violations of non-parking civil ordinances and only then to obligations associated with parking violations. Pursuant to A.R.S §§ 12-116.01 and 12-116.02, fines and penalties shall be paid proportionately with their associated surcharges.
1. If an offender does not comply with the terms of the payment plan, the payment plan shall be terminated and the obligation shall be eligible for collections efforts and payment applied in compliance with subsection (D)(1). The court shall have a written policy that states if it allows a period of time after the due date and prior to the actual termination of the payment plan. If the court does allow it, the court shall state the amount of time is allowed before terminating the payment plan. Payments received during this time period shall be applied as though received on or before the due date.
1. If the court has assessed a collections fee on a delinquent obligation, the fee is added to the unpaid court obligation and this amount becomes the total balance due. Any payment received shall be applied proportionately between the collections fee and the delinquent court obligation. The delinquent court obligation portion of the payment shall be applied as specified in subsection (E).
2. A court may elect to apply payment to all obligations arising from a given charge before applying payment to obligations arising from another charge associated with the same case. In doing so, the priority of payments for obligations on a given charge shall follow the priority specified in subsection (E).
H. General Administration Within ninety days after the effective date of this section, a court shall comply with each component of the section for obligations imposed after the effective date of this section. If a court is unable to comply with this section within the required timeframe, the presiding judge of the court shall advise the presiding judge of the county in writing of the court's inability to comply, describing the modifications, resources, and additional time needed to fully comply.
Credits
Effective July 16, 2004. Amended effective January 28, 2005; October 31, 2005; February 25, 2009; November 8, 2023.
AZ ST Code of Jud. Admin, § 4-301, AZ ST CJA § 4-301
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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