Criminal fines and fees can create significant barriers for individuals experiencing poverty. When criminal fines and fees (also called court imposed financial obligations or legal financial obligations) are assessed without ability to pay consideration, the same punishment may result in a minor inconvenience for one individual, and an overwhelming financial burden for another.
Fines are typically tied to a particular offense and are imposed upon conviction. Historically, fines are imposed as deterrence or punishment. Fees are often automatically imposed and not related to a particular offense. Generally, fees are used to shift the costs related to administering the case to the defendant.
When fines and fees are disproportionate to a person's ability to pay, they can cause collateral consequences such as job loss, reduced employment opportunities, driver's license suspension, negatively impact credit and diminished public trust and confidence in the court system.1 Sanctions and incarceration for failure to pay can lead to similar collateral consequences.
If the primary goal of assessing fines and fees against defendants is to show the individual is rehabilitated and address public safety concerns, the objective is best achieved when individuals can pay their legal financial obligations without enduring financial hardships. Fines and fees are most effective when they are tailored to an individual’s financial capacity.
This judicial curriculum, developed with the support of the State Justice Institute and the CCJ/COSCA Fines, Fees, and Pretrial Practices 2.0 Task Force, aims to provide information about how to incorporate ability to pay assessments and consider the individual circumstances of each defendant.
Introduction to the Modules
In this curriculum you will complete a total of five modules to learn about the impact of legal financial obligations and how courts can use ability to pay assessments to reduce the impact criminal fines and fees impose. The modules are:
- Introduction to Court Debt
- Ability to Pay: Timing
- Ability to Pay: Considerations
- Alternative Sanctions
- Judicial Discretion
Each module includes exercises, multiple-choice questions, or short activities to reflect on the impact of fines and fees on your own jurisdiction, and resources you can read later, rely on when you need it, or refer to when you need a reminder.
Upon completion of the modules, learners will:
- Understand the impact of court debt
- Learn about when and how to conduct ability to pay assessments
- Explore available options for alternative sanctions
- Consider the importance and availability of judicial discretion in ability to pay determinations