Numbered Letter 2000-03 (Revised)

Summary

Public Act 345 of 1998 necessitates changes to court form number 295 entitled Remittance Advice from District or Municipal Court and form number 57 entitled Fee Transmittal for State of Michigan Probate, Circuit Courts and Friend of the Court Offices

Convicted Drunk Driver Assessment, Remitting Court Collected State Fees and Revised Forms 295 and 57

The Act allows a court to order a person convicted of certain alcohol or drug-related driving offenses to reimburse the State or a local unit of government (a city, village, township, or county) for the expenses incurred in relationship to that incident.  Also, the court order may include expenses for an emergency response and expenses for prosecuting the person.  The act applies to offenses involving the operation of a motor vehicle, snowmobile, off-road vehicle (ORV), aircraft, vessel or locomotive engine.

The expenses for which reimbursement may be ordered under Public Act 345 of 1998 (MCL 769.1f) include the following:

• Salaries or wages, including overtime pay of law enforcement personnel;
• The time spent responding to and investigating the incident;
• Arresting the person convicted, and processing the person after the arrest;
• Preparing reports on the incident, including collecting and analyzing evidence; and
• Determining the presence of and identifying alcohol content/control substances in the blood. 

A reimbursement order may also cover the salaries/wages and other compensation of fire department and emergency medical service (EMS) personnel, including volunteer fire fighters or volunteer EMS personnel, for time spent responding to the incident and providing related services.

If police, fire department, or EMS personnel from more than one unit of government incurred reimbursable expenses, the court may order the person convicted to reimburse each unit of government for its expenses.  The reimbursement must be paid to the clerk of the court, who must transmit the appropriate amount to the unit or units of government named in the reimbursement order. 

If the convicted person was placed on probation or paroled, any reimbursement that was ordered would have to be a condition of the probation or parole.  If the person failed to comply with the reimbursement order, and had not made a good faith effort to do so, parole or probation could be revoked.  When determining whether to revoke probation or parole, the court or parole board would have to consider the person's employment status, earning ability, number of dependents, and financial resources.  The court must consider the willfulness of the failure to pay, and other special circumstances that could have a bearing on his or her ability to pay.  A person could not be imprisoned, jailed, or incarcerated for failure to make a reimbursement unless the court determined that he or she had the resources to pay and had not made a good faith effort to do so. 

Accounting Classification of Collections

How to account for amounts due to State Police to reimburse for allowable expenses under Public Act 345 of 1998?

Courts must revise their receipt classification procedure to accumulate collections for court ordered reimbursements assessed to drunk drivers convicted under Public Act 345 of 1998 (MCL 769.1f).  The Circuit and District Court Control Unit will have to add a general ledger account within the Custodial Fund.  The new account is titled "Convicted Drunk Driver Assessment-Due State Police" number 228.47.  This account represents the amount due to the Michigan State Police for expenses incurred related to Public Act 345 of 1998.  Sub-accounts for the circuit and district courts should be established to separately account for collections and remittances of court reimbursements paid. 

Reporting of amount due to the State Police on the Court Transmittal Forms to the State

The total amount collected during the month accumulated in Custodial Fund account numbers 228.47 "Convicted Drunk Driver Assessment-Due State Police" should be deposited with the State of Michigan.  The amount should be recorded on line 10 of revised court transmittal form 295 if collected in district or municipal court.  If the reimbursement was made in circuit court, the total amount collected for the month goes on line 10 of revised court transmittal form LGA 57.

How to account for amounts due to other local units to reimburse for allowable expenses under Public Act 345 of 1998?

The amount due to the local unit of government for its expenses should be placed into the custodial fund using the following account depending on the court order:

These accounts should be used to record amounts received by the local unit, in accordance with a court order, for subsequent payment to recipients specified in the court order.  A detailed ledger must be maintained showing the account activity for each case or court order.

Civil Infractions Committed by Juveniles Per MCL 712A.2

Please note that changes were also made to both court forms for traffic civil infractions committed by juveniles per MCL 712A.2.  The family division of circuit court of the county where the violation is alleged to have occurred has jurisdiction over the proceedings and shall proceed to hear and dispose of the case as provided by MCL 712A.1 to 712A.28.  The statute under MCL 712A.2e(1) allows the family division of the circuit court to enter into an agreement with any or all district courts or municipal courts within the circuit court's jurisdiction to waive jurisdiction over any or all cases involving juveniles alleged to have committed traffic civil infractions. 

Here are the links to the revised court forms 295 and 57. The revised forms must be used when remitting April 2000 collections, due on or before May 20, 2000 and subsequent monthly collections to the State Treasurer and Judges' Retirement System.  If your remittance and transmittal forms are not mailed on or before the 20^th of the month, subsequent to the month of the collection, daily interest and a $50 penalty may be assessed.  This assessment is applicable on the amount due to the Michigan Judges' Retirement System (lines 14 and 15 of form 295 and lines 15 and 16 of form 57).  Interest and penalty are authorized by section 304, Public Act 234 of 1992 (MCL 38.2304).  Please make copies of the revised forms as necessary for use in subsequent months and DESTROY your supply of the old forms.

Revenue Classification-Convicted Drunk Driver Assessment

Under PA 345 of 1998, the amounts collected for convicted drunk driver assessment are reimbursements to the general fund for cost already incurred. Use a revenue account between 676-686 for this reimbursement.

The Act allows a court to order a person convicted of certain alcohol or drug-related driving offenses to reimburse the State or a local unit of government (a city, village, township, or county) for the expenses incurred in relationship to that incident. The court order may include expenses for an emergency response and for prosecuting the person. The Act applies to offenses involving the operation of a motor vehicle, snowmobile, off-road vehicle (ORV), aircraft, vessel or locomotive engine.

The expenses for which reimbursement may be ordered under Public Act 345 of 1998 (MCL 769.1f) include the following:

• Salaries or wages, including overtime pay of law enforcement personnel;
• The time spent responding to and investigating the incident;
• Arresting the person convicted, and processing the person after the arrest;
• Preparing reports on the incident, including collecting and analyzing evidence; and
• Determining the presence of and identifying alcohol content/control substances in the blood.

A reimbursement order may also cover the salaries/wages and other compensation of fire department and emergency medical service (EMS) personnel, including volunteer fire fighters or volunteer EMS personnel, for time spent responding to the incident and providing related services. In most cases, the expenditures have been paid out of the general fund requiring the reimbursement to go into the local unit of government as a reimbursement for costs incurred.

If you need further assistance please call (517) 335-7469 or write our office:  Michigan Department of Treasury, LAFD, P.O. Box 30728, Lansing, Michigan 48909-8228 or email our office at TreasLocalGov@michigan.gov.