Ability to Pay Archives - Page 21 of 38 - Fines and Fees Justice Center

Personal Narrative: Tina Marie

Tina Marie was convicted of failure to pay nine times and sentenced to 30 days in jail seven times. She entered a treatment program in 2017 and is now drug-free. In 2018, Tina Marie completed three months of temporary work, bringing home her first paycheck since her son died. She still owes $15000 in court debt. No inquiry was ever made as to her ability to pay.

Personal Narrative: Nikita

Nikita was held for 42 days on a cash bail of $1315 because she was unable to pay a failure to appear charge. The charge was later dropped. However, to avoid imprisonment on a contempt charge, she pled guilty and this resulted in $20,000 additional debt.

Mahoney et al. v. Derrick

Arkansas secures payment of court debt through incarceration, driver’s license suspensions, and probation, for which an additional fee is charged.

Ten Guidelines on Court Fines and Fees

The American Bar Association developed ten guidelines to ensure that fines and fees do not punish people disproportionately for their poverty.

Texas Chapter 175 Collections Improvement Program (1 TAC §175)

Starting in 2018, Texas’ Office of Court Administration (OCA) made changes to the rule that requires Texas counties and cities with a population of 100,000 or more to implement a Collection Improvement Program (CIP). The CIP webpage also includes a variety of sample language for court and program staff to use, including “Sample Payment Plan Application” and “Sample First Written Notice.”

The Cost of Justice: The Impact of Criminal Justice Financial Obligations on Individuals and Families

Monetary penalties are commonly levied by the criminal justice system. After the increase of incarceration from the tough-on-crime era starting in the 1970s, the burden of funding court operations shifted …

How Fines and Fees Criminalize Poverty: Explained

Fines and fees are levied at every stage of the criminal justice system. People who are poor and unable to pay them are criminalized and face many collateral consequences in …

Brown v. Lexington County

This case alleges that Lexington County operates a modern-day debtors’ prison pursuant to a Default Payment Policy and a Trial in Abstentia Policy.

Ray et al. v. Judicial Correction Services Inc. et al.

This suit against Judicial Correction Services in Alabama alleges that people were placed on probation without adjudication of their guilt nor sentenced to serve jail time.

Predominantly black neighborhoods in D.C. bear the brunt of automated traffic enforcement

Washington, D.C., a member of the International Vision Zero movement, committed itself to end traffic deaths and serious injuries by 2024 through the implementation of engineering, education, and enforcement strategies. …