Table 4.
Policy Innovations
Intervention/Recommendations | Key Stakeholders | Models/Resources | Limitations |
---|---|---|---|
Reduce the scope of monetary sanctions | |||
Reduce or eliminate jurisdictional reliance on funding from monetary sanctions. | legislators | MO SB5 | Constrained political feasibility of pursuing tax-based revenue. |
Eliminate the use of private agencies for debt collection, surveillance, and data management. | legislators | The privatization of debt collection creates an array of “cost points” with significant penalties for nonpayment. | Public jurisdictions have been found to engage in practices that mirror those of private agencies, reproducing similar inequalities. |
Eliminate arbitrary and excessive monetary sanctions | |||
Evaluate current and future ability to pay at sentencing with clear guidelines outlined on bench cards. | judiciary legislators | WA RCW 10.101.010; “Lawful Collection of Legal Financial Obligations: A Bench Ca rd for Judges” by the National Center for State Courts | Current and future ability to pay only applies to court-imposed costs and people may still be sentenced to fines and mandatory costs. |
Evaluate the definition and guidelines used to assess behavior constituting “willful nonpayment.” Add evaluations to bench card guidelines. | judiciary legislators | Legislative and judiciary determinations of what constitutes “willful nonpayment” are influenced by scripts about individual responsibility and deservingness that criminalize poverty. | Ongoing potential for judges to not consider the ability to pay. |
Grant waivers for people who are unable to pay at sentencing rather than postconviction. | judiciary legislators | 2018 Criminal and Traffic Assessments Act (CCTA), which provided waivers for court costs for people with incomes up to 400 percent of the poverty line (IL HB 4594) | CCTA waivers are a postconviction remedy; CCTA is not retroactive; CCTA does not cover probation fees or mandated program fees. |
Remission of monetary sanctions due to hardship. | judiciary legislators | WA SB 1783 allows incarcerated individuals to petition the court to waive interest postrelease; WA RCW 10.101.01 defines manifest hardship where the person is indigent. | A judge could convert monetary sanctions to community services hours, but community service has been shown to cause life disruptions. |
Decouple monetary sanctions from other institutions | |||
Eliminate the suspension of driver’s licenses for unpaid costs. | judiciary legislators | Free to Drive Campaign IL HB3653 | Potential to reduce the deterrent effect of monetary sanctions. |
Enhance data transparency and access | |||
Make data accessible and transparent on monetary sanctions to the public, defendants, and policymakers. | legislators judiciary | Unified Judicial System of Pennsylvania; Measures for Justice | Reform requires substantial data infrastructure and manpower to develop, maintain, and share data. |
Source: Authors’ tabulation.