Maryland HB 1178: Pilot Project for Income-Based Fines (Fair Fines Act of 2020)
This bill requires Maryland courts to establish a base fine for motor vehicle violations and use a formula to determine the amount an individual must pay.
Ability to Pay
Nashville Community Bail Fund v. Howard Gentry
The policies created by Gentry’s office require people to remain incarcerated until their trial unless the person(s) posting cash bonds on their behalf sign a form acknowledging, in writing, notice of and agreement to garnishment of the cash bond deposit.
Feenstra v. Sigler
The complaint alleges Judge Jared Sigler, Judge John Gerkin, and former Judge Curtis DeLapp (Judicial Defendants) failed to conduct inquiries into individuals’ ability to pay before imposing fines and fees or before sanctioning individuals for nonpayment.
Edwards v. Leaders in Community Alternatives
Alameda County contracts with Leaders in Community Alternatives (LCA) to provide court-ordered GPS tracking and alcohol monitoring devices for people on pre-trial or home detention. Although LCA is supposed to charge fees on a sliding scale based on a person’s ability to pay, LCA does not adjust its fees based on a person’s actual financial circumstances and never informs people that reduced fees are available.
Can’t Win For Losing – How Institutions and Policies Keep Arkansans in Debt
This report presents the findings from an Arkansas Community Institute survey concerning the household debt of Pulaski and Jefferson county residents.
The Steep Costs of Criminal Justice Fees and Fines, A Fiscal Analysis of Three States and Ten Counties
This Brennan Center research report analyzes the numerous disadvantages of the current criminal justice fine and fee systems of ten counties in Texas, Florida, and New Mexico.
Costs of Injustice: How Criminal System Fees Are Hurting Los Angeles County Families
This report shares the life experiences of Los Angeles County residents to illustrate how criminal justice fines and fees assessed by the County can be overly burdensome and punitive.
White et al. v. Shwedo et al.
Plaintiffs allege that South Carolina’s policy and practice of suspending the driver’s licenses of individuals who cannot afford to pay traffic fines and fees without first holding hearings to determine an individual’s ability to pay and the willfulness of their nonpayment(s) punishes individuals for their poverty.
Hiskett v. Lambert
The Superior Court lacked the statutory authority to order that Hiskett bear the cost of electronic monitoring during his pretrial release.
State v. Lipski
Mark Lipski was charged with operating a vehicle with suspended registration. He requested appointed counsel, but the court advised him that he was not entitled to the assistance of appointed counsel because if convicted, he would be sentenced to pay a fine and not to serve a term of incarceration.