,,ii  #aafth ,,congress  #b;d ,session  
,s4 #ccge  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #c1     
#bjbj,mr4 ,schatz 7for himself1 ,mr4    
,wyden1 ,mr4 ,jones1 ,mr4 ,blumenthal1  
and ,mr4 ,merkley7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend the    
,state ,justice ,institute ,act of #aihd
 to provide technical assistance and    
training to ,state and local courts to  
improve the constitutional and equitable
 enforcement of fines1 fees1 and        
monetary bail1 and for other purposes4  
#a4 ,short title ,this ,act may be cited
 as the ,state ,justice ,improvement    
,act4  #b4 ,findings2 purpose  7a7      
,findings ,congress finds the following3
 7#a7 ,the ,supreme ,court of the       
,united ,states has repeatedly held that
 the government may not incarcerate an  
individual solely because of the        
inability of the individual to pay a    
fine or fee4  7#b7 ,in #bjai1 the       

,united ,states ,court of ,appeals for  
the ,fifth ,circuit ruled that it is    
unconstitutional to imprison people for 
failing to pay fines and fees without   
inquiring into their ability to pay4    
,the ,fifth ,circuit also ruled that it 
is unconstitutional for judges to       
determine ability to pay when court     
debts help pay court budgets4  7#c7     
,under section #cadb of title #ah1      
,united ,states ,code1 ,federal judicial
 officers may not impose a financial    
condition that results in the pretrial  
detention of an individual4  7#d7 ,in   
#bjag1 a report by ,united ,states      
,commission on ,civil ,rights evaluated 
evidence that-- 7,a7 #dg states         
increased their fines and fees in recent
 years1 including fines and fees imposed
 on juveniles2  7,b7 in ,virginia1 #a in
 #f drivers had license revoked as a    
result of an inability to pay court     
fines and fees2  7,c7 in ,new ,jersey1  
#db percent of suspended drivers lost   
their jobs as a result of the           

suspension2  7,d7 in the #ej cities with
 the highest proportion of revenues from
 fines1 the median size of the          
,african-,american population in each   
city was greater than #e times the      
median in the ,united ,states2  7,e7 in 
,washington1 ,latinos received higher   
fine assessments than non-,latino       
,whites for similar offenses2  7,f7 #aj 
counties in ,california detained        
approximately #gjj people per month for 
an average of #c days as a result of a  
failure to pay and driving with a       
suspended license2 and  7,g7 according  
to the ,department of ,justice on the   
investigation of the ,ferguson ,police  
,department1 revenue collection1 not    
public safety1 was the primary impetus  
behind the collection of fines and fees4
  7#e7 ,there is no clear evidence that 
fines and fees are an effective crime   
deterrent4  7#f7 ,defendants released   
from custody with no financial penalty  
return to court at the same rate as     
defendants released on financial bond4  

7#g7 ,the burden of fines and fees is   
disproportionately shouldered by        
low-income communities and communities  
of color1 which in turn aggravates and  
perpetuates poverty and racial          
inequalities4  7#h7 ,cities with larger 
,black populations fine residents more  
on a per capita basis and are more      
reliant on fines4 ,a #a percent increase
 in a ,black population is associated   
with a #e percent increase in per capita
 revenue from fines and a #a percent    
increase in share of total revenue from 
fines4  7#i7 ,in addition1 data on the  
extent to which individuals are jailed  
or otherwise penalized because of their 
inability to pay fee-only offenses are  
insufficiently developed1 preventing a  
full picture of the pervasiveness of    
targeted fees1 as well as the repetitive
 impact on individuals from both        
low-income communities and communities  
of color4  7#aj7 ,decisions regarding   
pretrial release or detention adds      
financial stress to individuals unable  

to pay monetary bail and the jails      
holding those unable to pay4  7#aa7     
,individuals gave up necessities like   
rent1 food1 medical bills1 car payments1
 and child support1 in order to pay down
 their court debt4  7#ab7 ,thirty-eight 
percent of people surveyed committed a  
crime to pay off their court debt4      
7#ac7 ,driver's licenses are often      
suspended automatically when cases are  
transferred to private collectors and   
are not restored until debts are paid in
 full4  7#ad7 ,thirty ,states continue  
to require payment of all legal         
financial obligations before voting     
rights are restored1 effectively        
disenfranchising individuals because of 
an inability to pay4  7#ae7 ,many       
jurisdictions across the country rely on
 fines and fees as a primary revenue    
source4  7#af7 ,a #bjai analysis of fine
 revenues found that-- 7,a7 fines are a 
critical source of funding1 at times    
accounting for more than half of all    
general revenues2  7,b7 fines and fees  

account for more than #aj percent of    
general fund revenues for nearly #fjj   
jurisdictions1 and in at least #bhd of  
those1 the share exceeded #bj percent1  
while another #hj governments reported  
even higher fines accounting for more   
than half of general revenues2  7,c7    
annual revenues exceeding #ajj for every
 adult resident1 while #cfc exceeded    
#bjj per adult in all the governments   
analyzed2  7,d7 the ,states with the    
highest fines and fees revenue are      
,arkansas1 ,georgia1 ,louisiana1 ,new   
,york1 ,oklahoma1 and ,texas2 and  7,e7 
jurisdictions where fines and           
forfeitures accounted for more than #bj 
percent of general fund revenues        
recorded a median household income of   
only #ci1eid4  7#ag7 ,the dependency on 
fines and fees creates a harmful        
incentive for courts to levy fines and  
fees on indigent individuals regardless 
of the severity of the crime4  7#ah7    
,however1 some jurisdictions spent more 
than the revenue they raised collecting 

fees1 therefore losing money through    
this system4  7#ai7 ,in some            
jurisdictions like ,new ,orleans the    
cost of incarcerating individuals unable
 to pay fines1 fees1 and monetary bail  
exceeded the revenue generated from     
those practices4  7#bj7 ,some           
jurisdictions in ,texas and ,new ,mexico
 spent #da cents of every dollar of     
revenue they raise from fees and fines  
on in-court hearings and jail costs     
alone4  7#ba7 ,in almost every ,state   
and the ,district of ,columbia1 juvenile
 courts impose court costs1 fines1 and  
fees on youth1 their families1 or both4 
,these costs may increase recidivism1   
increase the potential of future jail or
 prison time1 exacerbate racial         
inequality1 and increase the economic   
and emotional distress of low-income    
families4  7#bb7 ,imposing fines and    
fees on minors and their families is    
ineffective as a revenue-generating     
measure1 often because minors in the    
criminal justice system come from       

indigent families4 ,imposing these fines
 and fees increases recidivism and      
economic and emotional hardship on      
families4  7b7 ,purpose ,the purpose of 
this ,act is to create a grant program  
to provide technical assistance and     
training to ,state and local courts to--
 7#a7 improve the constitutional and    
equitable enforcement of fines1 fees1   
and monetary bail2  7#b7 improve        
practices regarding the use of fines and
 fees and their equitable enforcement   
when used2 and  7#c7 collect data to    
better understand the research and best 
practices of ,state and local courts on 
a ,federal level4  #c4 ,definitions     
,section #bjb of the ,state ,justice    
,institute ,act of #aihd 7#db ,u4,s4,c4 
#ajgja7 is amended-- 7#a7 in paragraph  
7#g71 by striking and at the end2  7#b7 
in paragraph 7#h71 by striking the      
period at the end and inserting a       
semicolon2 and  7#c7 by adding at the   
end the following3  7#i7                
constitutionally adequate notice means a

 citation or summons that adequately    
informs an individual of-- 7,a7 the     
precise offense with which the          
individual is charged2  7,b7 the amount 
currently owed by the individual and    
other possible penalties2  7,c7         
consequences for nonpayment2  7,d7 the  
method and means for accepting payments2
  7,e7 the date of any court hearing2   
7,f7 the availability of alternate means
 of payment2  7,g7 the rules and        
procedures of the court2  7,h7 the      
rights of the individual as a litigant2 
and  7,i7 whether the individual is     
required to appear in court in person2  
7#aj7 fees-- 7,a7 means monetary fees   
that are imposed for the costs of fine  
surcharges or court administrative fees2
 and  7,b7 includes additional late     
fees1 payment-plan fees1 interest added 
if an individual is unable to pay a fine
 in its entirety1 collection fees1 and  
any additional amounts that do not      
include the fine2  7#aa7 fines means    
monetary fines imposed for punishment2  

7#ab7 monetary bail means a payment of  
money or purchase of a surety bond to   
obtain the release from jail2 and  7#ac7
 surcharge means a monetary amount added
 to a fine as a flat amount or a        
percentage4  4  #d4 ,constitutional     
enforcement of fines and fees and       
monetary bail  7a7 ,duties of the       
,institute ,section #bjc7;b7 of the     
,state ,justice ,institute ,act of #aihd
 7#db ,u4,s4,c4 #ajgjb7;b77 is amended--
 7#a7 in paragraph 7#c71 by striking and
 at the end2  7#b7 in paragraph 7#d71 by
 striking the period at the end and     
inserting 2 and2 and  7#c7 by adding at 
the end the following3  7#e7 assist     
,state and local courts in the          
constitutional and equitable enforcement
 of fines and fees4  4  7b7 ,purposes of
 grants  7#a7 ,in general ,section      
#bjf7;a7 of the ,state ,justice         
,institute ,act of #aihd 7#db ,u4,s4,c4 
#ajgje7;a77 is amended-- 7,a7 in        
paragraph 7#f71 by striking and at the  
end2  7,b7 in paragraph 7#g71 by        

striking the period at the end and      
inserting a semicolon2 and  7,c7 by     
adding at the end the following3  7#h7  
provide technical assistance and        
training to ,state and local courts to  
develop and implement best policies and 
practices for the constitutional and    
equitable enforcement of fines and fees 
that incorporate guidance that-- 7,a7   
courts should not incarcerate or issue  
an arrest warrant for an individual for 
the nonpayment of a fine or fee without 
first conducting an ability-to-pay      
determination and establishing that the 
failure to pay was intentional2  7,b7   
courts should consider alternatives to  
incarceration for defendants who are    
currently unable to pay fines and       
monetary bail2  7,c7 courts should not  
condition access to a judicial hearing  
on the prepayment of a fine or fee or a 
promise of future payment of a fine or  
fee2  7,d7 courts should provide        
constitutionally adequate notices and   
counsel in cases in which a fine or fee 

will be imposed2  7,e7 courts should not
 initiate driver's license suspension   
procedures for nonpayment of a fine or  
fee2  7,f7 if courts choose to issue an 
arrest warrant or suspend a driver's    
license as a means of coercing an       
individual to pay a fine or fee owed to 
the court1 courts should not do so if   
the individual has not been afforded    
constitutionally adequate procedural    
protections2  7,g7 courts should        
determine the ability to pay of an      
individual at sentencing prior to       
determining a constitutional and        
equitable fine and fee2  7,h7 courts    
should reduce and waive fines and fees  
if the court has discretion in cases    
where the imposition of fines and fees  
would be unconstitutional and           
inequitable or cause undue hardship to  
the individual2  7,i7 courts should     
avoid adopting mandatory fines and fees 
for misdemeanors and traffic-related and
 other low-level offenses and           
infractions2  7,j7 courts should grant  

judges the authority and discretion to  
modify sanctions after sentencing if the
 circumstances of the defendant change1 
including that the ability of the       
defendant to pay a fine or fee becomes a
 hardship2  7,k7 courts should adopt    
education requirements for judges and   
court personnel on issues related to all
 relevant constitutional and procedural 
principles relating to fines and fees2  
7,l7 courts should not impose a fine1   
fee1 or any other penalty for the       
participation of an individual in       
community service programs or other     
alternative sanctions2  7,m7 if courts  
utilize community service programs or   
alternative service sanctions1 best     
practice and standards for those        
programs should be used1 including fair 
wage attribution1 caps on number of     
hours performed1 and permissible        
activities of service2  7,n7 courts     
should not order or extend probation or 
other court-ordered supervision         
exclusively for the purpose of          

collecting fines1 fees1 or costs2  7,o7 
courts should not charge interest on    
payment plans entered into by a         
defendant1 respondent1 or probationer2  
and  7,p7 courts should consider the use
 of community service credits such as   
completing community service hours1     
domestic violence counseling1 and drug  
treatment programs1 as an alternative to
 payments2 and  7#i7 provide technical  
assistance and training to ,state and   
local courts to develop and implement   
best policies and practices for the     
constitutional enforcement of monetary  
bail that incorporate guidance that--   
7,a7 courts should not employ monetary  
bail or bond practices that cause       
defendants to remain incarcerated solely
 because they cannot afford to pay for  
their release2  7,b7 courts should not  
impose monetary bail-- 7i7 as prepayment
 of anticipated fines and fees2 or  7ii7
 as a method for collecting past-due    
fines and fees2  7,c7 courts should     
eliminate and prohibit the use of       

monetary bail schedules2  7,d7 courts   
should impose a monetary pretrial       
release option if it is the least       
restrictive pretrial release option     
available2  7,e7 courts should only     
detain an individual if there is clear  
and convincing evidence that the        
individual poses a serious imminent risk
 of-- 7i7 a danger to the community2 or 
7ii7 flight2  7,f7 courts should        
safeguard against unconstitutional      
practices by court staff and private    
contractors2 and  7,g7 courts should not
 pass the costs of pretrial release and 
electronic monitoring to the defendant1 
probationer1 or parolee1 and if the     
court determines that electronic        
monitoring is necessary1 any associated 
costs should belong to the jurisdiction4
  4  7#b7 ,regulations ,not later than  
#ij days after the date of the enactment
 of this ,act1 the ,executive ,director 
of the ,state ,justice ,institute shall 
promulgate regulations to implement the 
amendments made by paragraph 7#a71      

including-- 7,a7 the information that   
shall be included in an application for 
funding under section #bjf of the ,state
 ,justice ,institute ,act of #aihd 7#db 
,u4,s4,c4 #ajgje72 and  7,b7 any other  
requirements applicable to grantees     
under that section4  7c7 ,records and   
reports ,section #baa7;a7 of the ,state 
,justice ,institute ,act of #aihd 7#db  
,u4,s4,c4 #ajgaj7;a77 is amended-- 7#a7 
by striking ,the ,institute and         
inserting 7#a7 ,in general4--,the       
,institute2 and  7#b7 by adding at the  
end the following  7#b7 ,report on      
fines1 fees1 and monetary bail  7,a7 ,in
 general ,the ,institute shall require  
that a recipient of a grant awarded for 
the purpose described in paragraph 7#h7 
of section #bjf7;a7 shall submit to the 
,institute an annual report that        
includes1 for the previous #ab-month    
period-- 7i7 the number of new          
admissions to jail or prison due to     
failures to pay fines or fees2  7ii7 the
 number of new admissions to jail or    

prison due to failure to appear when the
 underlying offense is a failure to pay 
a fine or fee2  7iii7 the number and    
type of alternatives considered for     
defendants who are unable to pay fees   
and fines2  7iv7 the number of times a  
judicial hearing was contingent upon the
 prepayment of fines and fees1 including
 hearing fees if the court deems the    
defendant ineligible for a fee waiver2  
7v7 the number of times constitutionally
 adequate notices were provided to      
counsel in cases in which a fine or fee 
will be imposed2  7vi7 the number of    
times an arrest warrant or driver's     
license suspension was used as a means  
of coercing an individual to pay a fine 
or fee owed to the court2  7vii7 the    
number of additional fees imposed by the
 department of motor vehicles to get a  
driver's license reinstated or          
suspension lifted2  7viii7 the number of
 times monetary bail practices were used
 that caused defendants to stay         
incarcerated due to their inability to  

pay a fine or fee2  7ix7 the number of  
times voter disenfranchisement was used 
as a result of an individual's inability
 to pay a fine or a fee owed to the     
court2  7x7 a disaggregation of the data
 described in this subparagraph by race1
 gender1 and disability status2 and     
7xi7 any other additional statistical   
data that the ,director determines      
should be collected and reported4  7,b7 
,report to ,congress ,the ,institute    
shall submit to the ,bureau of ,justice 
,statistics and to the ,committee on    
,appropriations and ,committee on the   
,judiciary of the ,senate and the       
,committee on ,appropriations and the   
,committee on the ,judiciary of the     
,house of ,representatives an annual    
report on the data submitted under      
subparagraph 7,a74  4  7d7 ,study  7#a7 
,in general ,not later than #c years    
after the date on which grants are first
 awarded for the purpose described in   
paragraph 7#h7 of section #bjf7;a7 of   
the ,state ,justice ,institute ,act of  

#aihd1 as added by subsection 7b7 of    
this section1 the ,executive ,director  
of the ,state ,justice ,institute shall 
conduct a study on the effectiveness    
such grants on the constitutional       
enforcement of targeted fines1 fees1 and
 monetary bail by ,state and local      
courts4  7#b7 ,report ,not later than   
#ahj days after the date on which the   
,executive ,director of the ,state      
,justice ,institute completes the study 
under paragraph 7#a71 the ,executive    
,director shall submit to ,congress a   
report on the study and any policy      
recommendations that the ,executive     
,director determines are appropriate4   
7e7 ,authorization of appropriations    
,section #bae of the ,state ,justice    
,institute ,act of #aihd 7#db ,u4,s4,c4 
#ajgac7 is amended1 in the first        
sentence by striking #g1jjj1jjj for each
 of fiscal years #bjje1 #bjjf1 #bjjg1   
and #bjjh and inserting #bg1jjj1jjj for 
each of fiscal years #bjba through      
#bjbf1 of which #bj1jjj1jjj shall be    

authorized to be appropriated for grants
 under paragraph 7#h7 of section        
#bjf7;a74