Luse v. Sentinel Offender Services
The case alleged that Sentinel’s practice of requiring people under its supervision to pay for and undergo drug testing without a court order violated due process and constituted an unconstitutional search.
News
West Virginia Senate Bill 634: Second Chance Driver’s License Act
West Virginia Senate Bill 634 established the state’s second chance driver’s license program. The program allows for temporary stays of driver’s license suspensions and revocations so that people who have unpaid fines and fees can retain gainful employment and settle their court debt.
Louisiana House Bill 92: Repeals warrant recall fee collected to fund a misdemeanor jail in East Baton Rouge Parish
This bill allows people who were assessed and paid the warrant recall fee to apply for a refund of that money.
State Bans on Debtors’ Prisons and Criminal Justice Debt
This Note makes the case for considering state constitutional and statutory prohibitions on debtors’ prisons alongside Bearden v. Georgia claims in legal advocacy opposing excessive fines and fees.
United States v. City of Ferguson
The complaint alleged, among other things, that the City’s conduct related to the imposition and enforcement of fines and fees for traffic and other municipal code violations was unconstitutional.
McKee et al. v. City of Amarillo
Amarillo residents were jailed through the City’s “pay or lay” policy. It stated, “…except as otherwise provided, the Court shall require the defendant to remain in custody… until the fine, State imposed fees and other penalties are paid."
Personal Narrative: Rachel McKee
In 2015, Ms. McKee was arrested for failing to appear at hearings for traffic citations including speeding, driving without a valid license, and no insurance. After two days in jail, Ms. McKee appeared before the judge and pled guilty to all of the charges. Having no regard for her indigence, the court ordered her to pay $1727 in biweekly payments of $232.00. Ms. McKee had to pay $25 to activate the payment plan and make a down payment of $200.00.
Washington Substitute Senate Bill 6360: Developing a plan for the consolidation of traffic-based financial obligations
This bill invited criminal justice system stakeholders to participate in a work group to develop a plan and program to consolidate drivers’ traffic fines and fees from multiple Washington courts into “unified and affordable” payment plans.
Complaint against Judge Wiggins, No. 45 Alabama Fourth Judicial Circuit (Jan. 2016)
On September 17, 2015, Circuit Judge Wiggins from Perry County Alabama threatened defendants who appeared before him for a previously scheduled “pay-due” docket. He informed them, “If you do not have any money and you do not want to go to jail…you can give blood today…bring in a receipt indicating that you gave blood…”
People v. Hakes
Hakes could not afford to make any payments. Probation was revoked because he was unable to pay. Hakes filed a complaint stating payment for the bracelet is punitive and does not promote public safety.