The Minnesota Department of Corrections reported waiving 3.8 percent of the 10,413 correctional fees it imposed; of those, they waived 40 percent due to the death of the person upon whom the fees were originally imposed.
In Minnesota, being charged and convicted of a crime can lead to a number of consequences, including arrest, incarceration, or probation, in addition to the often less visible financial consequences. This report provides an overview of three financial obligations a person may be required to pay following conviction–fines, restitution, and fees. It presents a detailed list of criminal justice fees defined in state statutes, delineating between discretionary and mandatory fees and analyzing their implications for indigent defendants. Courts may reduce fines to no less than $50, order community service, or authorize a payment plan but do not have the discretion to waive fines for a person without an inquiry into a person’s ability to pay. The authors also share reform efforts and provide recommendations for future reforms. Over the past decade, state-level reform aimed at easing financial burdens has ended driver’s license suspension for failure to pay, allowed courts to waive or reduce surcharges, and removed payment of fines as a condition of probation.
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Key Findings:
- In 2022, the Minnesota Department of Corrections assessed $4.7 million in correctional fees but only collected $1.7 million.
- Minnesota appellate courts have not asserted that courts must inquire into a person’s ability to pay before imposing a fine.
- Although the Minnesota Legislature established maximum fine amounts for criminal offenses, the general rule is to impose at least 30 percent of the maximum fine authorized by law.
- Criminal justice fees are imposed by Minnesota’s courts, county sheriffs, correctional agencies, and treatment or service providers.
- Only about half of statutorily defined fees permit reductions or waivers.
- Enforcement mechanisms for payment in Minnesota include an additional fine, being sent to collections, a period of incarceration in prison or jail, and deductions from earnings earned during incarceration.
Recommendations:
- Require courts to assess a person’s ability to pay before imposing the fine, restitution, or fee.
- Base the fine, restitution, or fee amounts on the individual’s ability to pay.
- Establish clear standards for waiving fines, fees, and restitution, such as requiring waivers for anyone receiving means-tested benefits or public defender representation.