Probation Fines and Fees Act

Task Forces: Judiciary

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Summary

Probation violations are a significant driver of incarceration in the United States. In 2023, across all 50 states, an estimated $10 billion was spent incarcerating people for supervision violations. This bill ensures that failure to make payments that an individual owes on probation shall not, by itself, be deemed a breach of probation unless the court finds that the defendant has willfully refused to pay. The bill also limits extension of probation for non-payment of fines and fees. Restitution is excluded from the scope of the bill.

Model Policy

Section 1. Purpose and Scope.
(a) This Act shall be known and may be cited as “Probation Fines and Fees Act.”
(b) The purposes of this Act are:

  1. To prevent financial sanctions from being a roadblock to success for those who lack financial resources but are working diligently to complete their probation.
  2. To limit incarceration for supervision violations that are unrelated to public safety or intentional negligence.
  3. To conserve state funds spent on supervision violations and lengthy probation terms, providing more resources for offense-specific treatment and support.

Section 2. Determination of Ability to Pay.
(a) When fines and fees are imposed as a condition of probation, failure to make payments shall not, by itself, be deemed a breach of probation unless the court finds, after notice and hearing, that the defendant is financially able to pay the fines and fees and has willfully refused to do so.
(b) In determining whether a defendant is financially able to pay, the court shall consider the defendant’s financial resources and the burden that payment would impose, including the defendant’s other obligations and necessary living expenses.


Section 3. Extension of Probation for Nonpayment.
(a) A judge shall not extend a period of probation based on a defendant’s failure to make payments unless the court finds, after notice and hearing, that:

  1. the defendant is financially able to pay fines and fees; and
  2. extending the probation will increase the likelihood that the defendant will pay the fines and fees in full.

Section 4. Maximum Extension for Nonpayment.
(a) A period of probation extended solely for non-payment of fines and fees must not exceed 1 year.


Section 5. Restitution Exemption.
(a) This Act does not apply to restitution owed to a victim.


Section 6. Severability Clause.
If any provision of this Act or its application is held invalid, such invalidity shall not affect other provisions or applications.

Section 7. Effective Date.
This Act goes into effect on [INSERT DATE].