From 2008 to 2018, the Pennsylvania Courts of Common Pleas assessed over $3.68 billion in fines, fees, and restitution. Using data from over 1.3 million cases in that ten-year period, the authors analyzed the differences in assessment amounts and repayment rates between public defender clients and private attorney clients.
The research reveals significant differences in both payment amounts and repayment timelines between the two groups. While private clients typically paid off their fines within 3 years, fees within 5 years, and restitution within 2 years, public defender clients still had outstanding balances on their fines, fees, and restitution over a decade later. Regardless of representation type, larger assessment amounts were associated with lower rates of full repayment. The authors also found that the imposition of fees is a revenue-focused approach that has a disproportionate impact on communities of color and low-income clients. Regardless of representation type, The authors found that the imposition of fees is a revenue-focused approach that has a disproportionate impact on communities of color and low-income clients.
You can find the full study here.
Key Findings
- Across all years and sanction types, public defender clients had outstanding balances at rates 18 to 28 percentage points higher than private clients.
- Private clients paid 39.6 percent of assessed amounts, compared to only 20.3 percent for public defender clients.
- Fees were imposed in nearly all cases (99.7 to 99.8 percent), totaling $2 billion in the ten-year period.
Recommendations
- Strengthen ability-to-pay assessments at sentencing to better account for financial circumstances.
- Consider implementing a day fine model that scales fines according to income.
- Implement more post-sentencing review processes to adjust payments when financial circumstances change.
- Increase the use of downward adjustments and nonmonetary alternatives (like community service) to address unpaid debt.