On appeal, the Court found, per curiam, a trial court may not revoke a defendant’s probation and send him to prison unless there is a finding that he or she has the ability to pay restitution and is in willful default.
Plaintiffs alleged that the City of Austin jails people who are unable to pay court fines and fees. There is no inquiry into their ability to pay, no appointment of counsel, and community service is not offered as an alternative.
Providence Community Corrections (PCC), a private for profit organization, was the manager of the misdemeanor probation system for Rutherford County, Tennessee. Those who could afford to pay the fees were placed on unsupervised probation, those who could not were supervised by PCC. PCC was funded solely by the people it supervised. Probationers were threatened with arrest and revocation of probation which would result in additional fees and court costs.
This case alleged that the City of Biloxi operated a debtor’s prison, routinely jailing indigent people who could not afford to pay fines and fees imposed in traffic and misdemeanor cases.
This case challenged Benton County, Washington’s practice of incarcerating indigent defendants for failure to pay court fines and fees without any inquiry into their financial status or ability to pay.
In Alexander City, municipal court defendants must pay their court fines and fees from traffic debt in full by the end of the court day, usually 3:00 p.m. Persons unable to pay are forced to sit out their time in city jail, at the rate of $20 per day until someone pays their debt.
Summary of the cause of action The New Orleans Parish Criminal District Court jails indigent defendants who are unable to pay post-judgement court fines and fees. Court costs are imposed …
Plaintiff, a 20 year old college student, was sentenced to jail because he was unable to pay a $206 statutory fine with $33 in court costs for throwing a cigarette butt out of his car window.
Plaintiff’s complaint requested that the Circuit Court for the County of Macomb take superintending control over the 38th District Court, requiring Judge Carl F. Gerds III to refrain from imposing pay or stay sentences on indigent defendants who are unable to pay their court debt.
Red Hills Community Probation, LLC contracted with local governments to supervise probation. Defendants unable to pay their court fines and fees were placed on probation.