Ability to Pay Archives - Page 35 of 40 - Fines and Fees Justice Center

Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System

The article provides an overview of criminal justice fines and fees; applies the Sixth Amendment jury trial right to these fines and fees; considers the question of “when criminal justice debt rises to the level of punishment; and suggests several solutions to the problem.

Vermont ACT 147: An act relating to driver’s license suspensions and judicial, criminal justice, and insurance topics

This Act modifies provisions related to driver’s license suspensions. Specifically, it (1) terminates suspensions imposed because of a person’s failure to appear on a criminal traffic offense charged before July 1, 1990.

Michigan v. Cameron

Defendant argued that the imposition of court fines and fees is a tax, violated the separation of powers doctrine, and failed to comply with the Distinct Statement Clause.

Fines, Fees, And Bail- Payments In The Criminal Justice System That Disproportionately Impact The Poor

This brief provides background information on criminal justice system fines, fees, and bail and argues that these costs disproportionately impact poor people.

Missouri SB 572: Modifies various provisions regarding municipalities located in St. Louis County, nuisance abatement ordinances, disincorporation procedures for various cities, and municipal courts

This Act reduces the amount of fees charged to individuals who receive a minor traffic or municipal ordinance violation and changes the procedure for charging fines and fees to people who receive minor traffic or municipal ordinance violations.

Whitner v. City of Pagedale

In Pagedale, MO, the local government was using arrest warrants to collect civil debt from municipal code violations. A suit against the city resulted in a consent decree that reformed the city's ticketing, housing code, and court systems.

Michigan v. Ghazi Salameh Marji

On appeal, the Court found, per curiam, a trial court may not revoke a defendant’s probation and send him to prison unless there is a finding that he or she has the ability to pay restitution and is in willful default.

When All Else Fails, Fining the Family: First Person Accounts of Criminal Justice Debt

Over the course of 2 months and 39 interviews, the authors of this report aimed to better understand how the punishment of prison and its collateral consequences (and fines and fees in particular) affect individuals’ financial situations and stability.

Gonzales v. City of Austin

Plaintiffs alleged that the City of Austin jails people who are unable to pay court fines and fees. There is no inquiry into their ability to pay, no appointment of counsel, and community service is not offered as an alternative.

Rodriguez v. Providence Community Corrections

Providence Community Corrections (PCC), a private for profit organization, was the manager of the misdemeanor probation system for Rutherford County, Tennessee. Those who could afford to pay the fees were placed on unsupervised probation, those who could not were supervised by PCC. PCC was funded solely by the people it supervised. Probationers were threatened with arrest and revocation of probation which would result in additional fees and court costs.