Elimination of Youth Justice Fines and Fees Act

Policy Status

  • Type: Model Policy
  • Status: Final
  • Date Introduced: July 27, 2023
  • Date Finalized: August 28, 2023

Issues

  • Criminal Justice

    • Task Forces

  • Criminal Justice

    • Tags

  • AM 2023
  • Justice System Cleanup

    • Summary

    This model policy prohibits all fees, fines, or other financial obligations other than restitution from being ordered, assessed, or sought against a youth or a youth’s parent, guardian, or custodian. This model policy does not amend or eliminate a state’s existing victim’s restitution requirements or collection for a youth or a youth’s parent, guardian, or custodian.   This model policy reflects best practices adopted at the state level, including in Louisiana and Arizona, related to youth court fees and fines, which are separate from and unrelated to victim restitution. Data has consistently shown that collection rates from youth are so low in most states that the cost of collecting these obligations can cost taxpayers’ money rather than raising revenue for system operations. Further, fees and fines imposed on youth who oftentimes do not have the means to pay them themselves, undermine rehabilitation and successful reentry by increasing recidivism. This model policy allows a state to prioritize resources devoted to collecting and enforcing fees and fines instead on efforts that improve public safety and reduce the chances of a minor having further interactions with the criminal justice system as an adult.
    Draft

    Elimination of Youth Justice Fines and Fees Act

    Section 1. Legal Financial Obligations for Youth Referred to the Juvenile Justice System

    A. No fee, court cost or fine other than restitution shall be imposed on or collected from a youth under the age of majority at the time of their arrest or that youth’s parent, guardian, or custodian.

    B. A youth under the age of majority at the time of their arrest or the youth’s parent, guardian or custodian shall not be assessed for any fee or cost subsequent to involvement in the juvenile justice system.

    C. The court shall not order commitment to detention or other removal from the home for nonpayment of any fee, court cost, fine or restitution, including in cases where nonpayment constitutes a violation of sentencing conditions.

    D. Probation for anyone under the age of majority within the juvenile justice system shall not be conditioned on the payment of any fee, court cost, fine, or other financial obligation, and probation shall not be extended for nonpayment of any fee, court cost, fine, or other financial obligation. The court shall not deny or delay processing of a petition for expungement or the automatic expunging of a record because of unpaid fees, court costs, fines or other outstanding financial obligations.

    E. Any outstanding court ordered, fees, court cost or fine other than restitution owed by a youth or a youth’s parent, guardian or custodian that were assessed during the course of an action for which the youth was under the age of majority at the time of their arrest shall be discharged and shall not be collected.

    F. Any youth who is participating in a diversion program, on probation, in a juvenile detention facility or juvenile correctional facility, or is otherwise being supervised or in custody solely because the youth has outstanding fines, fees, costs, court expenses, reimbursements or other financial obligations, shall be immediately discharged.

    G. A youth or the youth’s parent, guardian or custodian who is currently incarcerated in a correctional facility, jail, juvenile correctional facility, juvenile detention facility, or any other out-of-home placement solely because of nonpayment of any fee, cost, fine, restitution or other financial obligation imposed in an action in which the youth was under the age of majority at the time of their arrest shall be released from all fees, costs, fines, or other financial obligations other than restitution.

    H. Nothing in this legislation shall be construed to interfere with laws pertaining to child abuse, neglect, dependency, or adults contributing to the delinquency of a minor.

    I. Nothing in this legislation shall be construed to interfere with the ability of the juvenile court to impose victim restitution, community service, or other non-monetary sanctions the court deems necessary.