Delaware HB 244: An act to amend the code relating to fines, fees, costs, assessments, and restitution

The Delaware legislature introduced a bill to eliminate a number of fines and fees including fines and costs in juvenile delinquency proceedings, the public defender fee, and the probation supervision fee. The bill would also prohibit the Division of Motor Vehicle from suspending driver’s licenses as a penalty for nonpayment of a fine, fee, costs, assessment or restitution. 

Key Provisions: 

• Repeals authority of the court to order a parent to pay for the care of a child during the period of placement if they refuse to take custody pending adjudication of that child. 
• Compensation for the services of appointed counsel may not be assessed against the juvenile or their parent, guardian, or custodian.
• Permits the court to order a child to complete Community Service in lieu of a fine. 
• If a defendant is sentenced to a period of probation and ordered to pay a fine, fee, costs or assessment, the court may  not make the payment a condition of the probation. 
• Prohibits the court from issuing an additional fee for:
  • A payment plan
  • Late payments 
  • Supervision by probation of the payment of a fine, fee, costs, assessment or restitution
  • Interest for payment of a fine, fee, costs, assessment or restitution that is made late or at designated periodic intervals 
• Permits courts to waive, suspend, modify payment of any fine, fee, costs, or assessment. 
• Requires the court to advise a defendant on the record in writing of the financial obligations and sanctions for noncompliance.

You can access the full bill here.