Collection And Disposition Of Fines - - CA Health And Safety

Section § 11500

This law explains who is responsible for handling legal actions when someone breaks drug laws in a county. Normally, it's the district attorney or someone they choose who will handle these cases.

But the state's Attorney General can step in and take over completely if they want to. The Attorney General can also hire special lawyers to help, but those lawyers can't be paid more than $3,500 a year for their services.

The district attorney, or any person designated by him, of the county in which any violation of this division is committed shall conduct all actions and prosecutions for the violation.

However, the Attorney General, or special counsel employed by the Attorney General for that purpose, may take complete charge of the conduct of such actions or prosecutions. The Attorney General may fix the compensation to be paid for the service and may incur such other expense in connection with the conduct of the actions or prosecutions as he may deem necessary. No attorney employed as special counsel shall receive as compensation more than three thousand five hundred dollars ($3,500) in any one year.

district attorney violation prosecution Attorney General special counsel legal actions drug laws county jurisdiction compensation limit legal expenses hiring lawyers conduct of prosecutions state oversight prosecution responsibility law enforcement roles crime enforcement

(Repealed and added by Stats. 1972, Ch. 1407.)

Section § 11501

If someone unlawfully sells drugs, the State of California or its subdivisions can sue them to get back any public money used during the investigation. The lawsuit must be filed in the county where the money was spent, the sale happened, or where the defendant lives. In these cases, the court can quickly seize the defendant's money without having to meet usual requirements.

The State of California, or any political subdivision thereof, may maintain an action against any person or persons engaged in the unlawful sale of controlled substances for the recovery of any public funds paid over to such person or persons in the course of any investigation of violations of this division. All proceedings under this section shall be instituted in the superior court of the county where the funds were paid over, where the sale was made, or where the defendant resides. Notwithstanding Section 483.010 of the Code of Civil Procedure, in any action under this section, a writ of attachment may be issued, without the showing required by Section 485.010 of the Code of Civil Procedure, in the manner provided by Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure to attach any funds paid over or any other funds on the defendant’s person at the time of his arrest.

unlawful sale of controlled substances recovery of public funds drug sale lawsuit superior court writ of attachment attachment of funds drug investigation public funds recovery controlled substances violation drug-related arrest

(Amended by Stats. 1974, Ch. 1516.)

Section § 11502

This law explains what happens to money collected by a court from fines, bails, or forfeitures related to this specific legal division. Once received, the money should be given to the county treasurer of the court's location as soon as possible. Each month, the deposited money is divided: 75% goes to the State Treasurer, and 25% goes to the city treasurer where the offense happened, or to the county treasurer if it wasn't in a city.

If any money is mistakenly deposited in the State Treasury, the Controller can give it back from available funds.

(a) All moneys, forfeited bail, or fines received by any court under this division shall as soon as practicable after the receipt thereof be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid at least once a month as follows: 75 percent to the State Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court to be deposited in the State Treasury on order of the Controller; and 25 percent to the city treasurer of the city, if the offense occurred in a city, otherwise to the treasurer of the county in which the prosecution is conducted.

(b) Any money deposited in the State Treasury under this section that is determined by the Controller to have been erroneously deposited therein shall be refunded by him or her out of any moneys in the State Treasury that are available by law for that purpose.

court fines distribution county treasurer State Treasury deposit forfeited bail allocation erroneous deposit refund city treasurer money distribution to state warrant by county auditor money refund process monthly payment schedule Controller's role court-related payments

(Amended by Stats. 2016, Ch. 31, Sec. 161. (SB 836) Effective June 27, 2016.)

Section § 11503

Judges and magistrates must keep a record of any fines or forfeitures they collect. They have to send these records to the county auditor every month. Then, the county auditor sends details about these fines or forfeitures to the State Controller when they send a warrant to the State Treasurer.

Judges and magistrates who collect fines or forfeitures under this division shall keep a record thereof, and, upon the imposition of any such fine or forfeiture, shall at least monthly transmit a record of it to the county auditor. The county auditor shall transmit a record of the imposition, collection and payment of such fines or forfeitures to the State Controller at the time of transmittal of each warrant to the State Treasurer pursuant to this article.

fines collection forfeitures record keeping county auditor State Controller warrant transmittal State Treasurer monthly record transmission judges responsibility magistrates responsibility financial reporting legal fines process financial accountability county records state records

(Repealed and added by Stats. 1972, Ch. 1407.)

Section § 11504

This section states that if someone is serving a prison sentence for breaking a law under this division, and their sentence is changed to a fine or forfeiture before it's finished, the fine or forfeiture should be handled and recorded as if it had originally been given instead of imprisonment.

When an imprisonment has been imposed for a violation of this division, and before the termination of the sentence, the defendant is released by the vacation of the sentence of imprisonment and the imposition of a fine or forfeiture instead, the fine or forfeiture shall be recorded and accounted for in the same manner as though it had been imposed in the first instance.

imprisonment change release before sentence end fine instead of prison sentence modification recording fines forfeiture imposition accounting for fines sentence vacation substitute punishment penalty recording

(Repealed and added by Stats. 1972, Ch. 1407.)

Section § 11505

If someone is fined for breaking a law in this division but ends up going to jail instead before paying the full fine, their jail time must be officially noted and reported to the county auditor.

Whenever a fine has been imposed for violation of this division, and before the full payment of the fine a sentence of imprisonment is imposed instead, the imprisonment shall be recorded and accounted for to the county auditor.

fine substitution imprisonment recording county auditor unpaid fines imposed fine imprisonment sentence fine conversion legal accounting jail sentence penalty enforcement

(Added by Stats. 1972, Ch. 1407.)

Section § 11506

This law requires the State Controller to review reports and records related to fines and forfeitures. If it seems that the fines or forfeitures haven't been sent, the county auditor must, and the State Controller has the option to, take legal action to collect or send them.

The State Controller shall check the reports and records received by him with the transmittals of fines and forfeitures and whenever it appears that fines or forfeitures have not been transmitted the county auditor shall and the State Controller may bring suit to enforce their collection or transmittal, or both.

State Controller fines forfeitures county auditor legal action collection enforcement transmittal of fines reports and records suit to enforce financial compliance audit fiscal oversight enforcement of fines transmittal issues state financial control

(Added by Stats. 1972, Ch. 1407.)

Section § 11507

If a judge or magistrate doesn't send the fines or forfeitures they impose to the right place, their official bond can be used to cover the mistake.

The official bond of any judge or magistrate is liable for his failure to transmit the fines or forfeitures imposed by him under this division.

judge bond liability magistrate fines responsibility failure to transmit fines forfeitures transmission official bond judicial financial responsibility fine collection oversight bond liability failure magistrate financial duties transmission of fines judicial forfeiture handling bond forfeiture official bond use judge financial accountability magistrate bond

(Added by Stats. 1972, Ch. 1407.)

Section § 11508

This law states that records maintained by judges or magistrates under this division are accessible to the public. Additionally, these records can be reviewed by several authorities, including the State Controller, Attorney General, county district attorney, or the state bureau.

The records kept by a judge or magistrate under this division are open to public inspection, and may be checked by the State Controller, the Attorney General, the district attorney of the particular county, or the state bureau.

public inspection judge records magistrate records State Controller access Attorney General access district attorney access state bureau access record accessibility judicial records legal transparency public records inspection government oversight open records law public access to judicial records accountability of legal authorities

(Added by Stats. 1972, Ch. 1407.)