Module 4 Exercises:
Question 2.
What is the hourly credit rate?
In many cases, alternative sanctions are credited by hours paid at the rate of the hourly minimum wage.
Look up the state minimum wage in your state using the U.S. Department of Labor, Wage and Hour Division, State Minimum Wage Laws Map.
Instructions: Apply your state's minimum wage for credit hours in the scenarios from Module 3. How many hours of alternative sanctions would each person need to fulfill their assessed LFOs?
Terry Ashton | Speeding | $790 |
Lisa Nguyen | Parking violation | $250 |
John Thompson | Public intoxication, third offense | $500 |
Legal financial obligations are not always best solved by assigning alternative sanctions alone. The required time commitment to complete the credit hours for the full fine may create new challenges for defendants. It may be appropriate to reduce the fines and fees before determining alternative sanctions hours. Further, because of the additional time required to complete the credit hours, in some situations, the court should consider an extension on the time to complete the assigned sanction.
Consider Terry Ashton, a working mother of two young children. If she lives in a state with the federal minimum wage, she will have to complete more than 10 hours of credits for her full fine. 10 hours of community service or classes may be unattainable for Terry with her existing obligations. A reduction in the fine and leniency in the time period to complete the hours would make her participation in an alternative sanction proportionate.