Why does the US still have ‘debtors’ prisons’?
This video describes how people, especially those of fewer means, can be jailed for unpaid court fines and fees.
Payment Plans
[Bench Card] Monetary Obligations in North Carolina Criminal Cases
This bench card provides guidance to North Carolina judges regarding the imposition and collection of fines and fees in criminal cases. In particular, the bench card outlines the law as applicable to court costs, attorney fees, other fees, fines, and restitution, and highlights when each obligation applies as well as when and how courts can provide relief.
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.
How Chicago Ticket Debt Sends Black Motorists Into Bankruptcy
Filing for bankruptcy to avoid car impoundments and or a boot that immobilizes their vehicle has become a popular “remedy” for Chicago drivers who can’t afford to pay off debt from traffic tickets, parking violations, and vehicle compliance infractions.
The Excessive Fines Clause: Challenging the Modern Debtor’s Prison
This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.
Living in Suspension – Consequences of Driver’s License Suspension Policies
In this report, the Chicago Jobs Council describes how suspending a person’s driver’s license for unpaid fines and fees can prevent them from ever paying off their debt and destabilize their finances.
Personal Narrative: Laqueanda Reneau
Reneau got 15 tickets in a single year, including 7 $200 citations for not having a city sticker. She turned to Chapter 13 bankruptcy for debt forgiveness.
“Set up to Fail”: The Impact of Offender-Funded Private Probation on the Poor
The author conducted qualitative research to assess the effect of private probation on people under parole supervision for misdemeanor offenses in Florida, Kentucky, Missouri, and Tennessee. In some of these states, private parole officers have the authority to control critical aspects of a person’s parole terms.
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.