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.
Community Service
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.
Pennsylvania HB 2043: Providing for payment of court costs, restitution and fines… failure to pay fine.
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.
White House Forum on Access to Justice Panel: Fines & Fees – At the Intersection of Civil and Criminal Justice
In this video recording of a White House Forum on Access to Justice panel, FFJC Co-Director Lisa Foster (then Director of the Office of Access to Justice at the Department of Justice) moderates a panel about how fines and fees in the criminal justice system can lead to a myriad of civil woes for low-income Americans.
Why Motive Matters: Designing Effective Policy Responses to Modern Debtors’ Prisons
In this essay, Marsh and Gerrick challenge the most common justification for why debtors’ prisons still exist in present-day America: generating revenue to fund local government and courts. The authors argue that revenue generation is an “incomplete explanation” for debtor’s prisons and point to a variety of other factors that could help complete the picture.