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 Probation was revoked because he was unable to pay.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.
Ability to Pay
Colorado HB 16-1311: Concerning court orders requiring payments of monetary amounts
Current law establishes procedures for when a sentence includes the payment of a monetary amount. This bill clarifies that the procedures also apply whenever a court enters a judgment or issues an order obligating a defendant to pay an amount to the court.
Colorado HB 16-1309: Concerning a defendant’s right to counsel in certain cases considered by municipal courts
This bill requires the Municipal Court to appoint counsel in certain circumstances, including if a defendant is in custody or faces the possibility of custody for nonpayment of fines and fees.
Why Motive Matters: Designing Effective Policy Responses to Modern Debtors’ Prisons
In this essay, Marsh and Gerrick challenge the most common justification for why debtors’ prisons still exist in present-day America: generating revenue to fund local government and courts. The authors argue that revenue generation is an “incomplete explanation” for debtor’s prisons and point to a variety of other factors that could help complete the picture.
Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System
This report documents how and when youth and families face fines, fees and restitution and the economic and legal consequences for failure to pay.
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.