Ending the Debt Trap: Strategies to Stop the Abuse of Court-Imposed Fines and Fees
Alexandra Bastien of PolicyLink describes how the imposition of criminal justice fines and fees disproportionately impacts people of color and low-income Americans.
News
California SB 185: Crimes: infractions.
This bill would have ended the practice of suspending licenses as a sanction for nonpayment of fines and fees. It also mandated that judges reduce fines and fees and provided guidelines for determining a defendant’s ability to pay fines and fees.
Kentucky SB 120: An act relating to crimes and punishments and making an appropriation therefor.
This bill makes dozens of changes to Kentucky’s criminal justice statutes, and several of those changes constitute meaningful fines and fees reform.
Rebellious Social Movement Lawyering Against Traffic Court Debt
Rebellious lawyering empowers those affected by the issue to come up with solutions to their own problems. It should be a collective effort between the lawyers and legal services clients and community members from grassroots organizing groups.
Oregon SB 691: Eliminates certain driving privilege suspensions.
This bill would limit a court's ability to suspend a defendant’s driver’s license, repeal a number of statutes that treat driver’s license suspension as an enforcement mechanism for unpaid fines and fees, and amend several other statutes.
Tennessee SB 802: Revises provisions governing payment plans and stays from license revocation for assessed litigation taxes, court costs, and fines.
This bill creates a mechanism for Tennessee drivers who have unpaid court debt to keep their licenses from being revoked on that basis.
Personal Narrative: Daniel McDonald
McDonald had received several traffic tickets, including many for driving without a license, which he could not obtain due to financial holds. When McDonald went to court to take care of his tickets, the judge refused to give him community service even though McDonald lived below the poverty line. Instead, the judge put him on a payment plan for $50 a month.
Oklahoma Justice Reform Task Force Final Report
In this report, the Oklahoma Justice Reform Task Force investigated Oklahoma’s exploding incarceration rates and the judicial policies that contribute to prison overcrowding. The Task Force used their analysis to develop 27 policy recommendations aimed at improving public safety by reducing recidivism and reforming sentencing policies.
Oklahoma Senate Bill 689: Criminal procedure; judgments and execution of sentences; pilot program; sentencing powers of the court.
This Oklahoma bill, which did not pass, would have amended statutes related to life without parole sentences, payment plans for fines and fees, and how the requirement of restitution can affect conditions of supervision.
Lawful Collection of Legal Financial Obligations: A Bench Card for Judges
This bench card, which can be modified for state and local jurisdictions, advises judges on how to sanction indigent defendants for nonpayment of fines and fees without resorting to incarceration, outlines procedural protections for defendants who are unable to pay, and outlines standards for determining indigence.