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.
Ability to Pay
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.
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 Probation was revoked because he was unable to pay.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.
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.