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.
Effective June 7, 2018, this bill makes several changes to the imposition and collection of fines and fees in Washington State.
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.
This Act directs Oregon counties to create community service programs that allow parolees to participate in lieu of paying certain types of debts such as court-appointed attorney fees.
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 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.
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.