Payment Plans Archives - Page 7 of 11 - Fines and Fees Justice Center

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.

Mecklenburg County District Court Bench Cards

The Mecklenburg County working group requested the assistance of Harvard Law School’s Criminal Justice Policy Program, which helped the group develop two bench cards. One bench card provides guidance for judges when imposing fines and fees; the other outlines a process for sanctioning defendants who fail to pay fines and fees.

Arizona Supreme Court Administrative Order No. 2017 – 80: Facilitating the imposition and collection of court-ordered financial obligations

This new rule requires Arizona courts to offer payment plans for those who are unable to immediately pay their fines and fees.

Arizona Supreme Court Administrative Order No. 2017 – 81: Bench cards for ability to pay at sentencing in criminal and civil traffic cases […]

This new court rule approves the use of two bench cards to help judges determine defendants' ability to pay at sentencing and in collections.

Texas SB 1913: Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.

This bill aims to improve the fairness of the Texas criminal justice system’s response to defendants’ inability to pay fines and fees in criminal cases, particularly in traffic and city ordinance violations.