Ability to Pay Archives - Page 7 of 11 - Fines and Fees Justice Center

Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on Levying Fines and Fees on Juveniles

The U.S. Department of Justice’s Civil Rights Division and Office for Access to Justice issued a formal advisory to recipients of DOJ funds about the enforcement of fines and fees in juvenile courts.

Oregon HB 2424: Directs Department of Transportation to create program by which certain persons may apply for reduction or waiver of moneys owed to department. […]

This bill directs Oregon’s Department of Transportation to create a program that allows certain individuals who have had their driver’s licenses suspended to apply for a reduction or waiver of the criminal justice debt that prevents them from regaining driving privileges.

Missoula v. Franklin

This case challenges the imposition of a surcharge by the City of Missoula that is not authorized by state law.

Massachusetts Supreme Court Rule 3:10: Assignment of Counsel

This court rule establishes new procedures for Massachusetts courts to determine defendants’ ability to pay and for courts to assess fees for public counsel based on that determination.

Fleming v. Missouri Board of Probation and Parole

Fleming filed writ of habeus corpus alleging he was unlawfully confined because his probation was revoked solely because of his indigency.

Biloxi Municipal Court Procedures for Legal Financial Obligations & Community Service

This bench card was created as part of a 2016 settlement agreement in Kennedy v. Biloxi, an ACLU lawsuit against the city of Biloxi, Mississippi, where defendants could avoid incarceration only if they paid their fines and fees immediately, in full, with cash.

Confronting Criminal Justice Debt: The Urgent Need for Comprehensive Reform

This report is the first publication in a three-part series entitled “Confronting Criminal Justice Debt: A Comprehensive Project for Reform.” It provides an overview of the many types of fines and fees that the criminal justice system imposes and the collateral consequences that can result from them, with a particular emphasis on racial and economic disparities.

Confronting Criminal Justice Debt: A Guide for Policy Reform

This Guide for Policy Reform by Harvard Law School’s Criminal Justice Policy Program is organized into four issue areas: conflicts of interest, poverty penalties and poverty traps (when people are forced to pay more or face harsher sanctions because of their poverty), the ability-to-pay determination, and transparency and accountability. Under each of these sections, a description of the problem is followed by legislative, judicial, and executive reform suggestions for people at the state level to use and incorporate into their efforts.

Confronting Criminal Justice Debt: A Guide for Litigation

This guide aims to inform litigators about various strategies to defend and gain relief for individual clients burdened by criminal justice debt. It also serves to foster communication and understanding among stakeholders who work in this particular area of the justice system.

Debtors’ Prisons: Life Inside America’s For-Profit Justice System

This video provides an overview of the history of debtors’ prisons in the U.S. and features compelling commentary from citizens describing how our current system of court fines and fees put them in difficult situations and made them resort to desperate measures for survival.