State and local courts sentence millions of Americans to pay fines every year as punishment for an extraordinary range of offenses. On top of that, jurisdictions across the United States increasingly charge exorbitant fees that shift costs of courts and other government functions onto the people who “use” the courts. People are required to pay fees to finance their prosecution, court-ordered drug treatment, probation supervision—and, even their “room and board” during incarceration.
The same monetary sanction that inconveniences an affluent person can prevent a poor family from paying their rent—but fines and fees are usually set without regard to a person’s financial circumstances. When people can’t pay, courts often treat them as refusing to pay—and the penalties are steep. In many states, people will face incarceration, suspension of their drivers’ licenses, the loss of their right to vote, and more. All of this falls disproportionately on individuals who are already struggling to make ends meet. What’s more, many courts face tremendous pressure to raise revenue for local authorities (or, even for their own salaries) by collecting fines and fees. That creates a perverse incentive to extract money rather assure justice.
NCAJ’s Fines and Fees Justice Index sheds light on a complex empirical picture by measuring key laws and practices of every US state against a set of principled policy benchmarks we think all states should strive for. You can explore our findings in detail using our data visualizations, here. For detailed information about our policy benchmarks, our reasons for choosing them, and the approach we took in identifying them, read our comprehensive project overview or our national report in the Federal Sentencing Reporter. Our ongoing activities and products in support of the movement to curb unjust fines and fees practices is set forth below.