Ten Guidelines on Court Fines and Fees
The American Bar Association developed ten guidelines to ensure that fines and fees do not punish people disproportionately for their poverty.
Community Service
The Cost of Justice: The Impact of Criminal Justice Financial Obligations on Individuals and Families
Monetary penalties are commonly levied by the criminal justice system. After the increase of incarceration from the tough-on-crime era starting in the 1970s, the burden of funding court operations shifted …
WA State Courts of Limited Jurisdiction: 2018 Reference Guide on Legal Financial Obligations in Criminal Cases
This bench card is meant to educate Washington State judges about procedural protections owed to defendants who are ordered to pay fines and fees in criminal court.
Report of the New Jersey Supreme Court Committee on Municipal Court Operations, Fines, and Fees
This report is a result of a comprehensive review of New Jersey municipal courts by the Supreme Court Committee on Municipal Court Operations, Fines, and Fees.
Unholy Alliance: California Courts’ Use of Private Debt Collectors
California’s use of private debt collection companies for criminal justice fines and fees debt disproportionately impacts communities of color and perpetuates a cycle of poverty. The California Reinvestment Coalition reviewed …
Massachusetts Senate Bill 2371: Relative to Criminal Justice Reform
Massachusetts Senate Bill 2371, which passed in 2018, protects people from being incarcerated for their inability to pay or for nonpayment of fines and fees, prohibits indigent defendants from being charged for counsel, and allows for court-ordered monetary sanctions to be adjusted or waived.
Resolution Addressing Fines, Fees, and Costs in Juvenile Courts [Resolution and Bench Card]
The National Council of Juvenile Family Court Judges (NCJFCJ) passed a resolution advocating for the reduction or elimination of fines and fees in juvenile courts. The resolution was published alongside a judicial bench card that outlines types of financial obligations that youth and families may encounter in juvenile and family court, details the impacts of those obligations, and explains how judges can address fines and fees in their own courtrooms. The bench card includes several practice recommendations for juvenile and family court judges.
Minnesota HF 3357: Reduction or waiver of the criminal and traffic surcharge authorized; courts required to consider indigency or hardship before imposing fines, fees, or surcharges; and notice required.
This bill would allow courts to reduce or waive fines and fees imposed on defendants in criminal and traffic court, require courts to consider ability to pay before sentencing a defendant to pay a fine or fee, and require that traffic tickets inform recipients of the court’s ability to waive or reduce fines and fees.
Mississippi HB 387: An Act to Provide that Incarceration Shall Not Automatically Follow the Nonpayment of a Fine, Restitution, or Court Costs […]
This bill was proposed to enshrine Rule 26.6(b) of the Mississippi Rules of Criminal Procedure in state law. Its provisions are nearly identical: it mandates a determination of willfulness before a court may sanction a defendant for nonpayment of fines and fees, and provides alternatives for courts when failure to pay was not willful.
Florida SB 1270: Penalties And Fees… prohibiting the suspension of a person’s driver license solely for failure to pay certain financial obligations…
This 2018 bill - which did not pass - marks the third consecutive year that Senator Jeff Brandes (R-St. Petersburg) introduced legislation to end driver’s license suspension for nonpayment of fines and fees in Florida. This bill would also have required courts to provide reasonable payment alternatives for poor defendants, including payment plans and performing community service to pay fines.