Only 12 states mandate an ability to pay determination when imposing monetary sanctions.
Financial circumstances heavily influence an individual’s access to justice, especially when it comes to the fines and fees imposed by the justice system. These costs contribute to a two-tiered justice system, where those who can pay promptly are favored over those who lack the ability to pay. Across the nation, unaffordable fines and fees inflict long-term harm on people living in poverty, perpetuating cycles of financial hardship and limited access to justice. To promote reforms, the National Center for Access to Justice (NCAJ) conducted a national search to identify states with effective models for protecting individuals from unjust fines and fees. This article explores the concept of “ability to pay,” examining its meaning when it is considered, how it is determined, and how assessment processes can be improved. NCAJ offers ten policy models aimed at reducing the likelihood that judges will impose unaffordable fines and fees and promote fairness. Each policy model includes examples to underscore the varied approaches states can take to make fines and fees more equitable and affordable, ultimately supporting individuals’ ability to navigate the justice system without undue financial strain.
Some noteworthy state policies include:
- Montana: Judges must waive or modify fines and fees according to a person’s ability to pay.
- Washington: Trial courts must conduct an individualized inquiry into a defendant’s current and future ability to pay before imposing fines and fees.
- Oklahoma: Judges are required to document findings on a defendant’s ability to pay, along with other necessary legal findings, to support court orders.
- Massachusetts: Someone facing incarceration for failure to pay, has the right to counsel.
- Illinois: Individuals with incomes 200 percent below the federal poverty level can obtain full waivers from assessments.
- Oklahoma: Judges may not consider money that is essential for meeting a person’s—or their family’s—basic needs when determining ability to pay.
- California: Courts allow people with traffic tickets to request, via MyCitations, a reduced fine, a payment plan, community service, or an extension.
- Texas: Expands community service definitions to include programs that contribute to personal stability.
- Florida: Judges must cap payment plan amounts to no more than two percent of the person’s annual net income or 25 dollars.
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