MA HD2885: An Act to eliminate debt-based incarceration and suspensions

This bill eliminates debt-based incarceration and license suspensions for reasons not related to safe driving. The bill also creates a process for judges to reduce fines and fees if a person doesn’t have the means to pay.  

Key Provisions:

• Requires the reduction or waiver of an assessment if the magistrate or justice determines that the assessment will cause substantial financial hardship to the defendant or their family. 
• If an individual receives any needs based public assistance, meets the definition of indigency, or earns no more than 400% of the HUD very low income limit, all fees including but not limited to administrative and late fees shall be waived and the remaining assessment reduced according to the following schedule: 
  • 101-200% of HUD very low income limit, the remaining assessment shall be reduced by 75%
  • 201-300% of HUD very low income limit, the remaining assessment shall be reduced by 50%
  • 301-400% of HUD very low income limit, the remaining assessment shall be reduced by 25%
  • If an individual earns over 400% and the magistrate finds that imposing the original assessment would cause financial hardship to them or their family, all fees shall be waived or reduced and the remaining assessment may be reduced by an amount determined by the magistrate or justice. 

You can access the full bill and the companion bill here and here.