Community Service Archives - Page 3 of 5 - Fines and Fees Justice Center

Pay or Stay: The High Cost of Jailing Texans for Fines and Fees

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.

Nebraska Legislative Bill 259: Adopt and change competency and financial ability provisions relating to court proceedings as prescribed

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.

Virginia House Bill 2386: Unpaid court fines; increases grace period for collection.

The legislation provides protocol for how courts can authorize payment plans, deferred payments, and community service in lieu of immediate, full monetary payments.

Oregon SB 360: An Act Relating to Reentry

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.

Traffic and Criminal Procedure: Infraction Procedures Regarding Bail, Fines, Fees, and Assessments; Mandatory Courtesy Notices; and Ability-to-Pay Determinations

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.

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.

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: 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.

Dade v. City of Sherwood

Plaintiffs alleged that the Sherwood’s “hot check” court routinely jailed indigent persons unable to pay court fines and fees without inquiry into their ability to pay.