Ability to Pay Archives - Page 6 of 24 - Fines and Fees Justice Center

Ficken v. City of Dunedin et al

Plaintiff James Ficken had grass over ten inches for about eight weeks during the summer of 2018 while he was out of town settling his mother’s estate. Without warning, he was hit with daily fines totaling $29,000. As a result of his inability to pay the $29,000 in fines, the City placed two liens on his property. Mr. Ficken requested a rehearing or reconsideration of the fines, but his request was rejected without explanation. He now faces imminent foreclosure because he does not have the money to satisfy the liens.

Johnson, et al. v. Jessup

Plaintiffs allege that the North Carolina Division of Motor Vehicles automatically revokes the drivers’ licenses of people who do not pay their traffic tickets in full within forty days.

Nevada Assembly Bill 434: Certain traffic offenses; payment of fines and fees; community service

Nevada AB 434 makes several changes regarding collection of fines, fees, and restitution. Previously, the law allowed courts to enter a civil judgment; garnish property or wages; suspend driver’s licenses; and incarcerate defendants for nonpayment.

Too Poor to Pay: How Arkansas’s Offender-Funded Justice System Drives Poverty & Mass Incarceration

This report identifies several promising issue areas for fines and fees reform in Arkansas, including nonpayment incarceration, driver’s license suspension for unpaid fines and fees, and probation fees. The authors interviewed 205 people who were charged and/or incarcerated over inability to pay fines and fees; performed court-watching in 8 counties; sent almost 300 records requests; and interviewed Arkansas criminal justice and social service stakeholders.

Texas Senate Bill 1637: Fines, fees, and costs

This legislation makes several changes to Texas courts’ imposition and collection of fines and fees, with a particular emphasis on defendants’ ability to pay and alternatives to fines and fees for indigent defendants.

Timbs v. Indiana

Petitioner used life insurance proceeds to purchase a Land Rover for $41,558.30. He used the vehicle to transport heroin worth a total of $385. He was arrested and his vehicle was seized. Petitioner argued that the forfeiture was excessive in violation of the Eight Amendment’s excessive fines clause.

Statutory Inequality: The Logics of Monetary Sanctions in State Law

This article analyzes Illinois laws to investigate the fines and fees people are expected to pay and what happens when they cannot afford to pay these costs.

McNeil v. Community Probation Services

Community Probation Services, LLC and PSI Probation, LLC, for-profit probation companies, provide probation services for Giles County, Tennessee. The companies add their own fees and surcharges to the court debts of probationers.

Tennessee HB 0839: Prevents suspension of a driver license for failure to pay […] if person is indigent or enters into payment plan.

This legislation requires Tennessee courts to conduct an ability to pay hearing before suspending a driver’s license for failure to pay fines and fees.

Florida SB 734: Penalties and fees; driver’s license suspensions

The bill provides that driver’s licenses may not be suspended for failure to pay fines and fees unless the person has the ability to pay but refuses to do so. It also provides that courts must provide alternatives to immediate payment of fines and fees for people who are indigent, such as payment plans and community service.