For Courts

Court Remittance Requirements & Guidelines

Court Remittance Requirements

Pursuant to O.C.G.A. § 47-17-60, Georgia courts are responsible for collecting and remitting applicable assessments from criminal and quasi-criminal fines, bond forfeitures, and pretrial diversion fees to the Peace Officers' Annuity and Benefit Fund of Georgia (POAB).

Senate Bill 249 amended these requirements effective July 1, 2020, establishing the following assessment rates and methods.

Remittance Rates Effective July 1, 2020

CATEGORYCALCULATIONASSESSMENT TYPE
FinesGreater of $10.00 or 10%Surcharge
Bond ForfeituresGreater of $10.00 or 10%Deduction
Pretrial DiversionGreater of $5.00 of 5%Deduction
The applicable assessment is whichever amount is greater, not the sum of the two amounts.

Understanding Surcharges & Deductions

SURCHARGE - FINES

An additional assessment added to the base fine and collected in addition to the fine. 

Example: $150.00 base fine + $15.00 POAB surcharge = $165.00 total collected.

DEDUCTION - BOND FORFEITURES & PRETIRAL DIVERSION

An assessment deducted from the applicable funds collected. 

Example: $150.00 bond forfeiture - $15.00 POAB deduction = $135.00 remaining.

Applicable Dates for Assessments

  • Fines: The offense must have occurred on or after July 1, 2020, for the amended rates to apply.
  • Bond Forfeitures: The bond must have been forfeited on or after July 1, 2020, for the amended rates to apply.
  • Pretrial Diversion: The fee must have been collected on or after July 1, 2020, for the amended rates to apply.
  • Historical Remittance Rates: Cases subject to requirements in effect before July 1, 2020, may require different calculations. Refer to the previous-rate reporting forms below when applicable.

IMPORTANT: PRETRIAL DIVERSION CALCULATIONS

POAB has identified recurring discrepancies involving pretrial diversion assessments. Courts should ensure that their software calculates the greater of $5.00 or 5% of each applicable fee collected, rather than applying a flat $5.00 assessment.

Example: For a $300.00 pretrial diversion fee, the POAB assessment is $15.00 (5%). Not $5.00.

Verifying Remittance Calculations

Courts are encouraged to periodically verify their remittance calculations, including those performed automatically by case management software, to ensure compliance with statutory requirements.

Penalties & Interest on Late Remittances

Under O.C.G.A. § 47-17-60, delinquent remittances are subject to statutory penalties and interest:

  • Delinquent Remittance Penalty: 5% per month delinquent, up to a maximum of 25% of the principal amount.
  • Interest: 6% per annum, calculated from the delinquency date until payment is received.

A required remittance report must be properly completed and submitted. Failure to submit the report may cause the remittance to become delinquent, even if payment has been made. Penalties and interest are in addition to any outstanding principal.

Monthly Remittance Reports

Download the appropriate monthly remittance report. Both fillable Excel and PDF versions are available below:

CURRENT RATES (Effective July 1, 2020)

Fillable Excel Report  (XLS, 20.62 KB) | PDF Report  (PDF, 126.91 KB)

PREVIOUS RATES (Fines with offense dates before July 1, 2020)

Fillable Excel Report  (XLS, 19.54 KB) | PDF Report  (PDF, 126.91 KB)

Frequently Asked Questions

  • What if our software has been calculating POAB assessments incorrectly?

    Contact your software provider to correct the calculation. Review affected cases to determine whether additional POAB assessments are due.

  • Is the pretrial diversion assessment always $5.00?

    No. The assessment is the greater of $5.00 or 5% of each applicable fee collected. For example, a $200.00 fee results in a $10.00 POAB assessment.

  • Do the 2020 rates apply to cases with earlier offense dates?

    It depends on the assessment category. Fines use the offense date, bond forfeitures use the forfeiture date, and pretrial diversion uses the fee collection date.

Statutory Reference

O.C.G.A. § 47-17-60