Real Talk about Fines Fees
*This is my most recent baby. This was once a 92 page ACLU report on Fines and Fees. Me and a couple co-workers trimmed it down and then ran it through the abolitionist machine. Let me know what y’all think.
In 1840 an LA state statue abolished debtors prisons. In 1983 the Supreme Court case Bearden v. Georgia ruled that imprisoning someone for being unable to pay debts is a violation of Equal Protection Clause of the 14th amendment.And yet New Orleans continues to imprison people for their inability to pay their court debts.
A report issued by the ACLU found that the New Orleans judges routinely-
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assign fines of approximately $500 without establishing whether or not the defendant can afford to pay them;
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charge those unable to pay on time a late fee of $100;
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require people to enroll in Diversion and Treatment programs costing around $600; if they are unable to pay they may be dropped from the program and then given jail time.
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and even charge a fee for the appointment of a public defender.
When a person is unable to pay their court debts, they may be sent to spend extra time in Orleans Parish Prison (OPP), typically from 5 to 30 days. With 1 out of every 4 people in New Orleans falling below the poverty line, it is no surprise that the most common way for people to be re-incarcerated is because of their inability to pay their fines/fees.
Who makes the decision to assign fines and fees?
It is up to a judge’s personal discretion whether or not a person is able to wave their fees with community service. Court records state that these alternative sentences are rarely given. Instead, judges put pressure on each other to collect more fines and fees. These judges are then rewarded with better amenities.
Where does the money from fines and fees go?
The money collected from defendants is used by the city to fund the office of the public defender, the courts’ general fund, the law enforcement fund, the judicial expense fund (which pays for courtroom improvements) and other criminal justice funds. In 2010 fines and fees were used to finance 2/3 of the criminal courts general operating budget.
While these fines and fees may be self serving to the court system the routine imprisonment of the poor racks up costs much higher than the courts hope to gain in fees. The City pays $23 a day to the Sheriff to house someone in the Jail for 30 days to collect $100.
How does this impact New Orleans?
While many people in New Orleans still lack basic needs the city is spending $8,172.35 to incarcerate a single person for one year. New Orleans is depending on OPP to respond to poverty instead of funding schools, affordable housing, healthcare, and other much needed public services. The fines and fees create a rotating door to OPP and reinforce the criminalization and imprisonment of this city’s poorest people.
What can we do about it?
Critical Resistance and our allies with the Orleans Parish Prison Reform Coalition (OPPRC) have been working to decrease the number of people languishing in OPP. Join the fight to abolish the fines and fees practices at OPP to significantly reduce the number of our loved ones in prison and jail.
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Share this information widely;
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Attend a Critical Resistance or OPPRC meeting;
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Collect/share testimonies and stories of people doing time because of their debts;
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Connect us with other organizations in New Orleans doing related work!
For more information or if you would like to join the fight, please contact Critical Resistance at:
504.304.3784 Email
crno@criticalresistance.org
or check us out online at www.criticalresistance.org