Federal
Stimulus Bills: Though the CARES Act stimulus checks sent to Americans last summer could not be garnished under the provisions of the CARES Act itself, the American Rescue Plan Act checks can be intercepted.
The number of people struggling to find work, feed their families, and pay off court debt has increased by 8 million since the pandemic began.
U.S. city, state, and local governments should be taking immediate action to lessen the harms of COVID-19 on these communities. Instead, many have chosen to scale up fines and fees policies that trap people in a cycle of poverty and debt, while extracting wealth out of local economies.
Here are some of the worst offenders:
It is estimated that 1 million Californians will have their tax refunds intercepted to pay off debts for outstanding parking tickets, tolls, and court fees. Of the almost $92 million the state kept from tax returns in 2021, $35 million was forfeited by low income residents who filed for tax credits.
A recent study found that fines and fees contributed to the criminalization of low-income defendants and placed them at risk of ongoing court involvement through new warrants, new debt, private debt collection, and tax intercepts.
Due to the pandemic, Oklahoma courts have been shut down and not collecting enough money in fines and fees. As a result, the state legislature has announced that they do not plan to carry legislation on fines and fees this session, and will continue to rely on fines and fees to fund the courts. A 2019 report found in some Oklahoma courts, state appropriations accounted for just 10% of their operating costs and the rest came from collecting fines and fees.
For all the harm caused by fines and fees, they typically make up only a small fraction of government budgets. Read Vera’s reports on the impact of fines and fees in New York and Florida and the amount government agencies actually collect.
The city of Adrian used their municipal court fund, where all traffic and citation fines are deposited, to pay bonuses for the chief and two officers.
When government and law enforcement actors gain from the imposition of criminal justice debt, it creates perverse incentives to maintain harmful and inequitable systems. Read more about the monetary myopia created by a short-sighted focus on revenue at the expense of other concerns.
A Stow municipal court judge is alleged to have improperly incarcerated people who couldn’t pay fines and court fees and failed to account for individuals’ ability to pay or advise them of their right to counsel before sending them to jail. The complaint cites instances dating as far back as 2015. State law permits incarceration only for failure to pay fines, but requires a hearing to determine whether the person is refusing to pay or lacks the resources.
Debtor’s prisons come with devastating human costs and waste resources in an often fruitless effort to extract payments from defendants who may be homeless, unemployed, or simply too poor to pay. Read In for a Penny to learn more about the negative effects of debtor’s prisons on individuals, the economy, and the justice system.
Senators voted 35-5 to give first-round approval to an amended version of LB17 that would double a court fee charged to support the judges retirement fund. The fee would increase from $6 per case to $8 by July 1, then continue increasing until it reached $12 in 2025.
Using fee and fine revenues to fund the judiciary can create perverse incentives and potentially distort the fair administration of justice. Read the findings from the Brennan Center’s report on criminal justice fines and fees as an unreliable and inefficient source of court and government funding.
The Maryland legislature introduced a bill requiring the Motor Vehicle Administration (MVA) to suspend the driver’s license and registration of all vehicles in a person’s name if they fail to pay a money judgement from a motor vehicle insurer.
Read the American Legislative Exchange Council’s resolution encouraging state legislators to limit driver’s license suspension policies to conduct that involves dangerous driving. Join FFJC’s Free to Drive campaign to debt based driver’s license suspensions.
In response the COVID-19 crisis, many jurisdictions have taken positive, first steps to reduce the harms of fines and fees, including discharging outstanding debts, repealing criminal legal fees and ending the cruel practice of suspending driver’s licenses on the basis of unpaid debt. These fines and fees reforms have and will continue to benefit millions of people around the nation — especially in low-income communities and communities of color.
Here are some of the most significant state and local reforms that have been enacted since the beginning of COVID-19 pandemic:
Governor Baker’s new $48.5 billion budget proposal includes a plan to end the monthly fees Massachusetts charges those on probation and parole, including from those under supervision after being released from prison or jail. Under state law, those released from incarceration on parole must pay $80 in monthly supervision fees, while those on probation pay between $50 and $65 each month.
Failure to pay probation fees can lead to additional sanctions, including revocation and probation extension, and exacerbation of financial resources. Read this study of probation in Texas to learn more about how stress of avoiding these sanctions can affect the experience of probation and undermine probation goals.
The city of Phoenix reached an agreement to write off all traffic debts 10 years or older and clear those suspensions. For debt incurred within the past decade, the city is offering a 50% discount through May 1 to drivers who still owe fines.
Traffic debt-based driver’s license suspensions make everyday life impossible. Without a license, many people are left unable to drive to work or care for their families. What’s more — suspending driver’s licenses because of debt often has a negative effect on businesses as people become unable to work and participate in their local economies. Watch this video on why driver’s license suspension laws make no sense.
The Cumberland County District Attorney successfully petitioned the court to forgive court costs and fees for minor traffic violations at least five years old and have eligible debts forgiven. The decision resulted in more than 7,000 revoked driver’s being eligible for restoration. In North Carolina, unpaid fines and fees can result in a person having their license revoked.
A suspended license can result in negative consequences and economic hardships ranging from job loss, to restricted career opportunities and limited mobility. Researchers found 1,225,00 individuals with active driver’s license suspensions In North Carolina– 827,00 for failure to appear, 263,000 for failure to comply (failure to pay) and 135,00 for both. Learn more about their research and the constitutional concerns, practical challenges and implications of driver’s license suspensions.
Illinois: For the second year in a row, low-income residents with outstanding fines won’t have money taken from their state income tax returns. Last year, due to the moratorium, $18 million in overdue fines and fees that would have otherwise been automatically taken out of residents’ tax refunds or other state-provided funding, was not collected.
Recent research shows that when struggling families were given cash payments spent the money on basic needs, with food representing the largest category of spending. Garnishing tax rebates and/or stimulus checks to pay for outstanding fines and fees will only widen that already vast divide between those who were able to make it out of the pandemic and those who were left behind.
The city of Birmingham launched the Stop and Go initiative which provides pardons for outstanding traffic and parking violations imposed in municipal court prior to January 1, 2011. The outstanding fines and fees total about $35 million.
17% of people surveyed in Alabama reported that they had committed a crime to pay for court costs, fines, or fees. Read The Burden of Criminal Justice Debt in Alabama for more on the collateral consequences of court costs on people in Alabama, including harsh penalties for nonpayment.
Mayor Kennedy’s proposed spending plan would eliminate a $1 surcharge for items purchased at the jail commissary and allow incarcerated people 15 minutes of free phone time a day. The proposed budget also includes an allocation of nearly $2.2 million for up to one hour of free teleconference visits a week for inmates.
Limited communication with family and loved ones can lead to poor mental health, complicate efforts to post bail or build a defense, and increase the likelihood of recidivism after release. Read the Prison Policy Institute’s overview of prison and jail phone call fees and recommendations for reform.
Use the the tracker below to see what fines and fees reforms your state and local government have enacted in response to COVID-19. Enter a state name in the search bar to view that state’s city, county and statewide reforms.
Stimulus Bills: Though the CARES Act stimulus checks sent to Americans last summer could not be garnished under the provisions of the CARES Act itself, the American Rescue Plan Act checks can be intercepted.
The city of Birmingham launched the Stop and Go initiative which provides pardons for outstanding traffic and parking violations imposed in municipal court prior to January 1, 2011. The outstanding fines and fees total about $35 million.
The Alexander City City Council approved using Municipal Intercept Service (MIS) to help collect old municipal court fines and fees. The system allows the city to pull the funds owed from state tax returns. The city is also considering using deferred prosecution to increase revenue in the city.
It is estimated that 1 million Californians will have their tax refunds intercepted to pay off debts for outstanding parking tickets, tolls, and court fees. Of the almost $92 million the state kept from tax returns in 2021, $35 million was forfeited by low income residents who filed for tax credits.
The Contra Costa County Probation Department eliminated collect calling for youth detained in its juvenile halls.
Governor Newsom proposed a budget packet that includes an allocation of $54.8 million over the next 5 years to backfill the loss of fine and fee revenue from ability to pay assessments for traffic and other infractions, moving the state away from its reliance on fine and fee revenue to fund its courts.
Policy: Orange County officials tripled the fee charged to most people whose cars are impounded by police for unpaid fines and fees.
Why it doesn’t work: Towing cars to coerce payment is counterproductive. If people can’t afford to pay a parking ticket, how can they possibly afford a $144 impound fee? Without a car, people can’t get to work to earn money to pay the fine or fee. Read more about the impact of towing for nonpayment of fines and fees and recommendations to improve the system.
Policy: Nevada County: The Board of Supervisors has created new code violations to generate additional revenue.
Why it doesn’t work: Increasingly, fines and penalties are being used to fill budget shortfalls, spiraling into huge debts, which can result in incarceration for those unable to pay.
Learn more about the shift to this system of municipal fines, the effects on poor communities and communities of color, and recommendations for reform, such as removing low-level crime from municipal codes.
California discharged and ended the collection of all outstanding juvenile fees and repealed 23 criminal legal system fees including those for administering probation and mandatory supervision, processing arrests and citations, home detention programs, electronic monitoring programs, work furlough programs, and work release programs.
Read this report on Fines and Monetary Sanctions by FFJC Advisory Board Member Alexes Harris on how criminal legal system fees worsen social inequality, cause undue hardship and prolong system involvement.
Colorado is intercepting federal stimulus checks for court debt. One resident lost her much-needed check to a decades-old misdemeanor.
The Department of Correction is offering two free phone calls per week and suspending co-pay obligations associated with medical services. DOC will also provide people at every facility with antiseptic to clean telephones between uses, two bars of soap each week, two cloth masks that can be traded in for cleaning or replaced if damaged, and antiseptic to clean living areas twice a week.
The DOC is providing each resident with a new bar of soap every week, free of charge and two free 5-minute phone calls per week.
The city of Adrian used their municipal court fund, where all traffic and citation fines are deposited, to pay bonuses for the chief and two officers.
Hall of Shame Policy: Georgia signed a bill into law that increases fines and fees to add jail officers and provide additional funding for the police retirement fund.
Why it doesn’t work: When law enforcement is funded through the imposition of fines and fees, policing practices become less focused on ensuring public safety and more focused on raising revenue — endangering low-income people and people of color. Read this national study which shows how Black and Hispanic arrests and property seizures increase with local deficits when institutions allow officials to more easily retain revenues from forfeited property.
The state legislature introduced a bill authorizing Kendall County to impose new court fees on litigants to raise revenue to build new court facilities.
The Illinois legislature introduced a bill that would increase the fines for violating the speed limit in a school zone from $300 to $500.
Hall of Shame Policy: Chicago is hoping to help balance its 2021 budget from speeding tickets and other violations, including issuing speeding tickets to drivers going 6 miles per hour over the posted limit instead of the current 11.
Why it doesn’t work: In Chicago, a single ticket can cause an inescapable downward spiral for a low-income person. Read more about the disproportionate amount of debt that burdens Chicago’s Black communities.
Eliminated the $2 primary visit fee for incarcerated people making a first (primary) visit to the on-site medical team to report possible COVID-19 symptoms. The Kansas DOC is also offering two free 15-minute phone calls and three free 30-minute video calls per week to people behind bars until in-person visitation restrictions are lifted.
The Wichita Falls Municipal Court did not actively serve arrest warrants in 2020 due to the COVID-19 pandemic due to several individuals in the Wichita County Jail testing positive for COVID-19. In response to that situation, County officials asked that only violent crimes be addressed during the pandemic. Now, the City Marshal has been informed by the Wichita County Sheriff the jail can once again accept individuals arrested for outstanding city warrants. An amnesty period to allow individuals extra time to pay their fines or contact the Municipal Court to make other arrangements and avoid arrest will be granted from Sunday, August 1 to Sunday, August 15. Read more.
The Bossier City Council adopted an ordinance amending the fines, fees, and costs for several criminal charges. Changes include increasing the penalty for simple assault from not more than $200 to $1,000. Thefts with a value less than $300 may be fined not more than $1,000, while the penalty for carrying an illegal weapon will now be a fine of not more than $500.
Maine vacated warrants for unpaid fines, restitution, court-appointed counsel fees, failure to appear for unpaid fine or fee hearings. This policy reform gives over 12,000 Maine residents the freedom to live their lives without worrying they will be arrested or jailed because they can’t afford to pay fines and fees. Learn more about the devastating impact of debt-based arrest warrants in this short documentary about two women who were continually jailed (one over 19 times) because they couldn’t afford to pay fines and fees.
Gov. Hogan has issued an emergency order to prohibit the garnishment of stimulus checks, noting, “this funding is intended to support working families and struggling Marylanders, and we are committed to doing everything possible to protect this much-needed relief for those who need it most.” Read more.
The Maryland legislature introduced a bill requiring the Motor Vehicle Administration (MVA) to suspend the driver’s license and registration of all vehicles in a person’s name if they fail to pay a money judgement from a motor vehicle insurer.
Governor Baker’s new $48.5 billion budget proposal includes a plan to end the monthly fees Massachusetts charges those on probation and parole, including from those under supervision after being released from prison or jail. Under state law, those released from incarceration on parole must pay $80 in monthly supervision fees, while those on probation pay between $50 and $65 each month.
Michigan becomes latest state to end debt-based license suspensions. Gov. Whitmer signed a package of criminal justice bills that includes reforms to end license suspensions and to reclassify many traffic misdemeanors as civil infractions. In 2019, In 2019, Michigan issued 365,965 license suspensions for failure to pay their fines and failure to appear in court, according to the Secretary of State’s Office. This policy reform will give thousands of Michiganders the freedom to live their lives without worrying they will be criminalized or jailed just because they can’t afford to pay fines and fees.
Michigan removed barriers to reentry by signing the nation’s most expansive Clean Slate bill into law. This bill ensures that automatic record expungement is no longer contingent on the payment of fines & fees. Read more about “user fees” in the criminal justice system and how they hinder the success of individuals reentering society after incarceration.
The Oxford Board of Aldermen approved a request from municipal judges to add an additional $10 assessment to court fees issued for misdemeanor offenses and violations of city codes. The additional $10 will be used help defray the cost of salaries for prosecutors and public defenders, as long as those attorneys are assigned to that case.
Incarcerated people will receive up to two free 10-minute phone calls each week to help people stay in contact with family and friends while visits are suspended.
Senators voted 35-5 to give first-round approval to an amended version of LB17 that would double a court fee charged to support the judges retirement fund. The fee would increase from $6 per case to $8 by July 1, then continue increasing until it reached $12 in 2025.
All incarcerated persons receive 2 free phone calls per week, masks and soap.
New York City Mayor DiBlasio has initiated a new budget plan to bring in more revenue through fines and forfeitures, raising the annual total to more than $1 billion. Read more.
New York City’s 2020-21 budget includes a ticket blitz that’s expected to cost motorists some $42 million in the coming months.The NYPD will reassign 75 workers in its Traffic Enforcement Division to ticket-writing duties to counter the fiscal effects of the coronavirus crisis. When governments use predatory fines and fees to raise money, the result is a disproportionate tax on those who can least afford it.
The Cumberland County District Attorney successfully petitioned the court to forgive court costs and fees for minor traffic violations at least five years old and have eligible debts forgiven. The decision resulted in more than 7,000 revoked driver’s being eligible for restoration. In North Carolina, unpaid fines and fees can result in a person having their license revoked.
The North Dakota House Judiciary Committee amended House Bill 1130 to treat municipal courts exactly like district courts when collecting fines and fees. If passed, the amendments would require the clerk of district court to treat the municipal court judgment in the same manner as a civil judgment of any district court of any county of the state, including making municipal court judgments eligible for the same collection methods —such as liens and garnishments.
A Stow municipal court judge is alleged to have improperly incarcerated people who couldn’t pay fines and court fees and failed to account for individuals’ ability to pay or advise them of their right to counsel before sending them to jail. The complaint cites instances dating as far back as 2015. State law permits incarceration only for failure to pay fines, but requires a hearing to determine whether the person is refusing to pay or lacks the resources.
Cuyahoga County, Ohio: The Gates Mills Village Council passed an ordinance increasing the fines for all waive-able traffic offenses, including speeding, to cover administrative costs.
Due to the pandemic, Oklahoma courts have been shut down and not collecting enough in fines and fees. As a result, the state legislature has announced that they do not plan to carry legislation on fines and fees this session, and will continue to rely on fines and fees to fund the courts. A 2019 report found in some Oklahoma courts, state appropriations accounted for just 10% of their operating costs and the rest came from collecting fines and fees.
In an emergency session to address the COVID-19 crisis, Oregon passed a bill to end driver’s license suspensions for unpaid fines and fees. Read more about how debt-related driver’s license suspensions make everyday life impossible. See all the states that have ended the practice of debt-based driver’s license suspensions.
The city of Phoenix (Oregon) reached an agreement to write off all traffic debts 10 years or older and clear those suspensions. For debt incurred within the past decade, the city is offering a 50% discount through May 1 to drivers who still owe fines.
Mayor Kennedy’s proposed spending plan would eliminate a $1 surcharge for items purchased at the jail commissary and allow incarcerated people 15 minutes of free phone time a day. The proposed budget also includes an allocation of nearly $2.2 million for up to one hour of free teleconference visits a week for inmates.
The Delinquency Recovery Program (DRiP) was recently created as a part of the county’s efforts to collect $200.8 million in delinquent court fees. The Program looks at old cases, as far back as 1990, and offers a way to pay or set up a payment plan without a surcharge. The county has spent $130,000 to pay for two staffers to run the program, and as of November 30th, has collected $100,000 in revenue on old costs.
The county adopted a policy that allows judges of the Court of Common Pleas to exercise arbitrary discretion to impose duplicative costs resulting in the assessment of various costs and fees for each individual charge, rather than once per case as the law allows.
After losing track of nearly $200,000 worth of tickets, fines and fees, the town has started issuing bench warrants in an attempt to collect some of the fees. Stretching as far back as 2004, the court’s tracking system wasn’t closing out tickets and showing that people still owed money after they had paid their fees.
Each incarcerated person is receiving free masks, 1 free phone call and 1 free video visit. The Department of Corrections has also waived medical co-pays.
Jacksonville, TX: Jacksonville Municipal Court has announced its plan to resume arrests for unpaid traffic tickets. In addition to arrests, unresolved traffic citations could result in issuance of a warrant, assessment of a collection fee, or a hold on driver’s license renewal.
Seattle Municipal Court judges voted to eliminate all discretionary fines and fees imposed in criminal cases including the probation supervision fee, records check fee, work crew fee, and community service setup fee. These changes are expected to benefit over 1,000 individuals per year. Read more about how monetary sanctions in Seattle affect Black and Brown residents at dramatically higher rates compared to their white residents.
Each person in the care of the Department of Corrections will receive a free pre-embossed stamped envelope on a bi-weekly basis and 5 free emails per week. The Department is also issuing four (4) disposable ear loop masks and suspending medical co-pays.
Milwaukee County: County board members reduced the fine for people found with marijuana from $275 to $1. However, people will still need to pay court costs, which total $141.
The Dane County Public Protection & Judiciary Committee unanimously recommended a resolution authorizing the immediate elimination of debt for fees and fines totaling $149,828. The resolution erases outstanding court fees and fines accrued by people incarcerated in the county jail, including fees for using another person’s phone minutes, unpaid electronic monitoring fees, copying fees and unpaid medical copays.
The Dane County Board canceled all of the existing juvenile justice debt and discontinued the collection of shelter home fees and social worker supervision program fees. The county also previously eliminated fees for individuals who participate in deferred prosecution and first-offender programs.