Ability to Pay Archives - Page 6 of 22 - Fines and Fees Justice Center

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.

Howard v. The City and County of Denver, Colorado

To be released from jail in Denver, a person must pay the bond and the bond fee. Payment of the bond alone is insufficient to secure the release.

(Color)blind Reform: How ability-to-pay determinations are inadequate to transform a racialized system of penal debt

This law review article argues that fines and fees reformers’ emphasis on instituting ability-to-pay determinations without any reductions in racially discriminatory ticketing may cause more harm than good. In particular, the author articulates a concern that ability-to-pay determinations risk legitimizing the existing system of monetary sanctions and entrenching damages inflicted upon people deemed ‘able to pay.’

Stinnie v. Holcomb

This case challenges the constitutionality of a Virginia statute that requires the automatic suspension of the driver’s licenses of people who fail to pay court fines and fees.

Kavadas et al. v. Martinez et al.

In New Jersey, driver’s licenses were automatically suspended when bench warrants were issued to non-custodial parents for nonpayment of child support.

New York Should Re-examine Mandatory Court Fees Imposed on Individuals Convicted of Criminal Offenses and Violations

This report examines the current status of mandatory surcharges in New York, describes the impact of the surcharges on indigent defendants, and proposes legislative changes, including the elimination of the surcharges.

Pay or Prey: How the Alameda County criminal justice system extracts wealth from marginalized communities

This whitepaper uses evidence-based research and personal narratives to examine the harms caused by Alameda County criminal legal fees.

UNDER PRESSURE: How fines and fees hurt people, undermine public safety, and drive Alabama’s racial wealth divide

This report examines in detail the collateral consequences of Alabama’s court debt system and explores the ways in which it undermines public safety and drives the state’s racial wealth divide.

Kansas Supreme Court: Ad Hoc Committee Report on Bonding Practices, Fines and Fees in Municipal Courts

This report was published by the Kansas Supreme Court following a rigorous assessment of Kansas municipal court practices. It advances 18 recommendations for judges and courts to more fairly and constitutionally impose and enforce fines and fees and outlines an implementation plan for reform.

Mendoza v. Garrett

This case challenges the state of Oregon’s policy of suspending the driver’s licenses of people who cannot afford to pay fines and fees for traffic violations.