Kan. R. Jud. Dist. 21 COURT TRUSTEE PROGRAM
The court trustee is authorized and empowered to pursue all remedies available to collect court debt and restitution as authorized by K.S.A. 1999 Supp. 75-719, and amendments thereto, and agreements entered into between the Kansas Attorney General and the court trustee.
The terms "court debt" and "restitution" are defined as follows:
(Restitution is money ordered by the court to be paid to victims to compensate victims for damage or loss caused by the defendant or juvenile's crime or offense.
By way of enumeration and not by way of limitation, the court trustee shall have the following powers:
The court, court services officers, the community corrections officers and juvenile justice authority officers shall refer cases to the court trustee, if after 60 days from the date court debt and/or restitution is ordered paid by the court, the person is not in compliance with the order or plan for the payment of court debt and/or restitution and at such other times as the court orders. The court may refer cases to other contracting agents approved by the office of the Attorney General.
The cost of collection shall be paid by defendant/respondent as an additional court cost in all criminal, traffic and juvenile offender cases where defendant/respondent fails to pay any amount or amounts ordered by the court and the court utilizes the services of the court trustee as above provided.
The clerk of the court shall receive and disburse payments for court debt and restitution as herein provided; complete and maintain accurate records of all receipts and disbursements; and, furnish to the court trustee in a format agreeable to the court trustee information necessary to perform the duties of the court trustee. All payments shall be made to the clerk of the court. The clerk of the court shall establish a court trustee operations fund to be used for receipting and dispersing court debt and restitution.
When the clerk of the court receives payments on court debt and/or restitution which has been referred to the court trustee for collection, the clerk of the court shall deposit the payment to the court trustee operations fund and disburse the payment to the proper payee. The disbursement to the payee shall be accomplished no later than the fifth (5th) business day after the date the payment is received.
To defray the expenses of operating the court trustee program in all cases referred to the court trustee for collection of court debt and/or restitution, a 30% administrative fee shall be charged on the amounts collected from defendants/respondents for court debt and restitution. The cost of collection shall be paid from the amount collected, but not be deducted from the court debt or restitution owed by defendant/respondent. All such amounts collected shall be withheld from payments made through the clerk of the court and shall be paid to the court trustee operations fund of the county where collected. Any payments submitted to the clerk of the court in the form of checks, drafts or other negotiable instruments, may be endorsed by the clerk of the court for deposit to the court trustee operations fund and deposited to the fund.
Payments shall be applied first to restitution, if any, and then to court debt, unless otherwise required by statute, court rule or order of the court. The clerk of the court shall deduct the fee and disburse the net amount to the payee as provided by K.S.A. 1999 Supp. 75-719.
Kan. R. Jud. Dist. 21 COURT TRUSTEE PROGRAM