In response to the Judicial Council of California’s directives, the Traffic and Criminal Law Advisory Committees authored this report which includes a proposal for three new rules, a rule amendment, and related commentary from stakeholders regarding their proposal. The recommended rules concern procedures for bail, fines, fees, and assessments imposed for infraction offenses; mandatory courtesy notices; and ability to pay determinations.
This court rule establishes new procedures for Massachusetts courts to determine defendants’ ability to pay and for courts to assess fees for public counsel based on that determination.
This bench card was created as part of a 2016 settlement agreement in Kennedy v. Biloxi, an ACLU lawsuit against the city of Biloxi, Mississippi, where defendants could avoid incarceration only if they paid their fines and fees immediately, in full, with cash.
This order amends ten Michigan Court Rules to ensure that defendants are not incarcerated and probation terms are not extended because of unpaid fines and fees.
This 2015 Orlando Sentinel article describes how waiving surcharges assessed by collection agencies for one weekend led the Orange County Clerk of Courts to lower the rate these companies could charge going forward.
Over the course of six months in 2014, the Michigan Supreme Court Ability to Pay workgroup examined the issue of ability to pay and published a report with tools, best practices, and recommendations for judges and court staff around nonpayment incarceration.
This rule guides Alabama courts' decision-making processes for ordering restitution and fines, including for failure to pay.