This bench card, which can be modified for state and local jurisdictions, advises judges on how to sanction indigent defendants for nonpayment of fines and fees without resorting to incarceration, outlines procedural protections for defendants who are unable to pay, and outlines standards for determining indigence.
For individuals who are unable to pay their fines and fees, their total debt may be cited and entered into the district court judgement docket. A judge may also replace fines and fees with court-ordered community service (credited at a minimum rate of at least federal minimum wage), if community service doesn’t cause undue hardship.
This joint report by Texas Appleseed and the Texas Fair Defense Project evaluates how often fine-only offenses - offenses punishable only by a fine and no jail sentence – in fact subject Texans to jail time and suspensions of driver’s licenses or the inability to renew a license or register a vehicle because of their inability to pay.
This bill describes how Nebraska courts should proceed in instances where a person cannot pay their fines and fees. It prohibits incarcerating people who cannot afford to pay and allows courts to reduce or waive fines and fees, or offer community service as an alternative.
The legislation provides protocol for how courts can authorize payment plans, deferred payments, and community service in lieu of immediate, full monetary payments.
In response to the Judicial Council of California’s directives, the Traffic and Criminal Law Advisory Committees authored this report which includes a proposal for three new rules, a rule amendment, and related commentary from stakeholders regarding their proposal. The recommended rules concern procedures for bail, fines, fees, and assessments imposed for infraction offenses; mandatory courtesy notices; and ability to pay determinations.
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.
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.
Arizona Chief Justice Scott Bales established Arizona’s Task Force on Fair Justice for All to recommend reforms for the state’s fines and fees procedures. The report consists of 11 principles and 53 corresponding recommendations.
Pennsylvania’s 2015 House Bill 2043 mandates that courts provide community service and payment plans as alternatives for people who would experience manifest hardship if they had to pay all of their fines and fees at once.