jail credit and alternatives to payment of fines and costs

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1 Jail Credit and Alternatives to Payment of Fines and Costs First, Second, Third Inability vs. Indigence Alternatives to Pay Jail Credit 1 2

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Page 1: Jail Credit and Alternatives to Payment of Fines and Costs

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Jail Credit and Alternatives to

Payment of Fines and Costs

First, Second,

Third

• Inability vs. Indigence

•Alternatives to Pay

• Jail Credit

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Page 2: Jail Credit and Alternatives to Payment of Fines and Costs

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Inability vs. Indigent

•Know the Differences

•Know when to apply

each

Indigence

Long-term financial classification:

• Income 125% or less of Federal

Poverty Guideline, or

• Receives certain state or federal

assistance programs

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Page 3: Jail Credit and Alternatives to Payment of Fines and Costs

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Example of

Indigence

Standard Only:

Getting the $10 Omni Fee

Waived

Inability to Pay

Snapshot of the moment:

• Inability to immediately pay

• Regardless of indigence

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Page 4: Jail Credit and Alternatives to Payment of Fines and Costs

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Example of

Inability Standard:

$20 Scofflaw Program Fee Waived

Standard for Alternatives for Court Costs and Fees?

• Inability to Immediately Pay

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Page 5: Jail Credit and Alternatives to Payment of Fines and Costs

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Book Cover Thing

•Understand there are cultural and generational

differences.

•And lots of good fakes out there!

Inability Quiz: What should I consider for

costs and fees?

• A.) The fact that the defendant is wearing some really nice gold rings.

• B.) Inability to pay at that moment.

• C.) Indigence.

• Answer is B.) Inability to Pay!

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Page 6: Jail Credit and Alternatives to Payment of Fines and Costs

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Inability Quiz 2: Does defendant qualify for alternatives?

• It is December 15th.

• Defendant has no money.

• Gets paid once on month on the first.

• Income below Federal Poverty

Guideline.

• Only income is Supplemental

Security Income.

Inability

Answer 2: For Sure!

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Page 7: Jail Credit and Alternatives to Payment of Fines and Costs

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Inability Quiz 3: Does defendant qualify for alternatives?

• It is April 15th.

• Defendant has no money.

• Gets paid once on month on the first.

• Income 150% above federal poverty guideline.

• No assistance from state or federal programs.

Inability Answer 3:

•Yes

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Page 8: Jail Credit and Alternatives to Payment of Fines and Costs

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Alternative Requirements

• Court must offer alternatives to satisfy fines and costs

• Court must also notify defendants of these alternatives

How to notify? Put notice in:

• Citations

• Pre-trial collection notices

• Notices for failure to appeal

• Notices of failure to satisfy judgment

• Public Posting (not required)

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Page 9: Jail Credit and Alternatives to Payment of Fines and Costs

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When Judgment is Rendered:

If Defendant present,

make determination on

inability to pay right then.

If found unable to pay, the

alternatives should be

included in the judgment.

What if they do not bring it up?

Failing to satisfy judgment triggers hearing on ability to pay

If unable to pay (and not in the original judgment), court

should issue a separate order with specifics on how fines and

costs will be discharged

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Page 10: Jail Credit and Alternatives to Payment of Fines and Costs

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Alternatives Are:

• Payment Plans

• Community Service

• Waiver of Fine and Costs

• Uncollectable Fines, Fees, and

Costs

Payment Plan

• Specified portions paid at designated internals

• Court may designate terms

• Court may create a separate payment plan

order

• Do not allow defendant to start payment plan

without a written judgment

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Page 11: Jail Credit and Alternatives to Payment of Fines and Costs

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Time Payment Reimbursement Fee

• Payment more than 30 days after order to pay gets $15 Fee

• This should not be assessed until the 30 days have passed

--Meaning, assessed when late payment is rendered

• Includes Deferred and DSC orders fees imposed on or after 09/1/2021

Time Payment Reimbursement Fee Example:

• Bruce Banner ordered to pay on June 22nd.

• Payment Plan-- $50 for 4 months for $200 judgment.

• Banner pays July 1st? –No fee

• Banner pays August 1st –Fee assessed on August 1st

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Page 12: Jail Credit and Alternatives to Payment of Fines and Costs

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Time Payment Reimbursement Fee Exclusions

No fee if:

Person disposes costs and fees via:

• Jail Credit and Community Service, even if 30 days after order to pay

Failed Payment Plan

• Regular enforcement procedures

• Except no contempt for not paying

• Can call for hearing

--No FTA or VPTA (charged for failing to appear)

--No contempt for not appearing

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Page 13: Jail Credit and Alternatives to Payment of Fines and Costs

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Payment Plan Quiz 1:

• True or False: For payment plans, there is a $35 minimum for the

specified portion to be paid at designated internals.

• False. No minimum or maximum.

Payment Plan Quiz 2:• How many days do you have to wait before

the Time Payment Reimbursement Fee can

be assessed?

• A.) 90 days

• B.) 60 days

• C.) 30 days

• Answer -- C.) 30 days

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Page 14: Jail Credit and Alternatives to Payment of Fines and Costs

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Payment Plan Quiz 3:

• What is allowed to enforce a failed payment?

• A.) Show Cause Hearing

• B.) Defendant held in contempt.

• C.) New charge of FTA or VPTA

• Answer -- A.) Show Cause Hearing

Community Service

• All or part of fee and costs can be

discharged through community

service

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Page 15: Jail Credit and Alternatives to Payment of Fines and Costs

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Community Service Order

• Should include hours

required, AND

• Deadline date.

Community Service Restrictions

•No more than 16 hours per week

• Unless judge determines not an undue hardship

•Minimum of $100 for each 8 hours (can be more)

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Page 16: Jail Credit and Alternatives to Payment of Fines and Costs

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What is allowed?• Work and job skills training

program

• GED prep class

• Alcohol or drug abuse program

• A rehabilitation program

• Counseling program, including

self-improvement

• Mentoring program

• Or similar activity

Also Allowed—Work for:

• Organization helping social welfare or well-being of the community, as

determined by justice

• Governmental entity

• Nonprofit

• Educational institution

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Page 17: Jail Credit and Alternatives to Payment of Fines and Costs

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Community

Service

Entity:

• Must agree to supervise defendant

• Report on defendant’s work to

judge

TJCTC FORM

• We have a form for that!

• Community Service Forms found at https://www.tjctc.org/tjctc-

resources/forms.html

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Page 18: Jail Credit and Alternatives to Payment of Fines and Costs

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How to Get Out of

Community Service:

•Defendant can always

pay and get out of

community service

Juveniles

• Special Rules

• Not covering today

• Look at Juvenile Deskbook,

Chapter 3-5

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Page 19: Jail Credit and Alternatives to Payment of Fines and Costs

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Community Quiz 1:

• True or False: The Community Service Order must contain the hours

required and the deadline date.

• Answer: True.

Community Quiz 2:

• True or False: Once a defendant is ordered to complete community service, they can no longer pay to satisfy fees or court costs.

• Answer: False

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Page 20: Jail Credit and Alternatives to Payment of Fines and Costs

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Community Quiz 3:

• Is the following a valid Community Service arrangement?

• Defendant is getting $150 for every 8 hours. Defendant is required to work 20

hours a week because the judge ruled that it would not be an undue hardship on

the defendant.

• Answer: Yes.

Waiver of Costs or Reimbursement Fee:

• Defendant is indigent, and

• Unable to pay all or part of costs,

OR

• Under age 17 when offense committed.

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Page 21: Jail Credit and Alternatives to Payment of Fines and Costs

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Waiver of Fine:

• If community service is an undue burden, and

• Indigent or Unable to pay

OR

•Under age 17 when offense committed

Under Hardship?

•Within the court’s

discretion

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Page 22: Jail Credit and Alternatives to Payment of Fines and Costs

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Undue Hardship Considerations:

• Significant physical or mental impairment or disability

• Pregnancy and childbirth

• Family commitments or responsibilities, including dependent care

• Work hours and responsibilities

Undue Hardship Considerations 2:

• Transportation

• Homelessness or housing insecure

• Any other factors court determines is relevant

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Page 23: Jail Credit and Alternatives to Payment of Fines and Costs

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Waiver Quiz 1:

• True or False: The considerations for waiving costs and fees are not

the exact same for waiving fines.

• Answer: True.

Waiver Quiz 2:

• True or False: Undue hardship should not be considered when determining whether to waive a fine.

• Answer: False.

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Page 24: Jail Credit and Alternatives to Payment of Fines and Costs

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Waiver Quiz 3:

Name two factors when considering an undue hardship?

• Significant physical or mental impairment

or disability

• Pregnancy and childbirth

• Family commitments or responsibilities,

including dependent care

• Transportation

• Homelessness or housing insecure

• Any other factors court determines is relevant

• Work hours and responsibilities

Uncollectable Fines, Fee, and Costs

Any officer (including JP’s) authorized to collect may request trial court make a

finding of “uncollectable” if officer believes:

• Defendant is deceased;

• Defendant imprisoned for life or life without parole; or

• Unpaid for at least 15 years.

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Page 25: Jail Credit and Alternatives to Payment of Fines and Costs

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Uncollectable Fines, Fee, and Costs Order

• Court orders officer to designate as uncollectable in fee

record.

• Officer must attach copy of court’s order in fee record.

What if Judgment was already issued?

Any notice of difficulty in

paying received after January

1, 2020:

• Judge must hold hearing to

determine if judgment

imposes an undue burden

on the defendant.

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Page 26: Jail Credit and Alternatives to Payment of Fines and Costs

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How does Defendant notify court?

• Voluntarily appearing before judge or clerk (as approved by court);

• Filing a motion;

• Mailing a letter; or

• Any other court established method

Cannot Get Off Work and no PTO

• Court can hold telephonic

or videoconferencing

hearing if appearing in

person imposes undue

burden

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Page 27: Jail Credit and Alternatives to Payment of Fines and Costs

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Can a judge decline a hearing?

•Generally, no!

•But yes, in rare circumstances

When?

• There was a previous hearing;

• Able to determine without another hearing;

OR

Judge was able to determine without hearing:

• Judgment imposes undue hardship, AND

• Fine and costs should be satisfied through an alternative means

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Page 28: Jail Credit and Alternatives to Payment of Fines and Costs

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What’s a rare example?

• Hearing on issue already held

• Guy still comes in every week

with same request

• No change in his

circumstances

Remember Standard

• Inability to pay at the time

• Even if a prior hearing occurred, usually you would hold

another hearing because of changing circumstances.

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Page 29: Jail Credit and Alternatives to Payment of Fines and Costs

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Jurisdiction Kept for Costs and Fees!

• Court retains jurisdiction for the

purpose of reconsidering the fine and

costs.

Order of Commitment for Jail Credit

• Tool used to confine defendant in jail to lay out fines and

costs via jail credit.

• Indigency Hearing is a Prerequisite

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Page 30: Jail Credit and Alternatives to Payment of Fines and Costs

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Jail Credit Warning

• People should not be jailed for not being able to pay!

• Debtor’s Prisons are illegal!

Required Written Findings for Order of Commitment

Either:

• Defendant not indigent; and

• Failed to make a good faith effort to discharge judgment;

Or

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Page 31: Jail Credit and Alternatives to Payment of Fines and Costs

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Required Written Findings for Order of Commitment 2

• Defendant is indigent; and

• Failed to make a good faith effort to discharge judgment via

community service; and

• Could have completed community service without undue

hardship.

Two Types of Jail Credit

Jail Credit for

Offense Charged

Jail Credit for

Other Offense

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Page 32: Jail Credit and Alternatives to Payment of Fines and Costs

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Jail Credit for

Offense Charged

• Earns Credit for Fines and Costs

• Jail time can be before or after final conviction!

Judge Decides

•Dollar Amount

•How often credit is earned

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Page 33: Jail Credit and Alternatives to Payment of Fines and Costs

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Jail Credit Parameters

•$150 minimum

•Credit at least every 24 hours

•No more often than 8 hours

Jail Credit Order Wording

• The defendant will receive

$________credit for every

______hours spent in jail.

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Page 34: Jail Credit and Alternatives to Payment of Fines and Costs

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Jail Credit for Other Offense

Earns Credit if:

• Must be after a final conviction for other offense (i.e. the actual sentence); and

• Other offense occurred after offense with your court; and

• Your court’s conviction occurred on or after September 1, 2021

• Credit given per day (not unit of time)

• $150 minimum

Jail Credit Quiz 1:

• What is valid for jail credit for the offense charged?

• A.) $200 for every 24 hours.

• B.) $100 for every 24 hours.

• C.) $200 for every 4 hours.

• Answer: A.) $200 for every 24 hours.

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Page 35: Jail Credit and Alternatives to Payment of Fines and Costs

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Jail Credit Quiz 2:

• True or False: Considering

jail credit for other offenses,

judges must give credit for

every 8 hours served.

• Answer: False.

Jail Credit Quiz 3:

•When looking at jail credit for the other offense,

what is the date that your court’s conviction must

to have occurred on or after?

•September 1, 2021.

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Page 36: Jail Credit and Alternatives to Payment of Fines and Costs

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Final Quiz—Random 1:

• Name the two types of jail credit?

• For Offense Charged and Other Offense

• Should physical appearance and dress factor into

determinations about inability to pay?

• No.

Final Quiz—Random 2:

• What is the name of the order used for jail credit?

• Order of Commitment

• Name a reason a fee would be considered uncollectable?

• Defendant deceased, Jailed for Life, or fee unpaid for 15

years

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Page 37: Jail Credit and Alternatives to Payment of Fines and Costs

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Final Quiz—Random 3:

• The court must reconsider the satisfaction of costs if the court

receives notice from defendant after what date?

• January 1, 2020.

• For Community Service, what is the minimum credit for 8

hours?

• $100 for every 8 hours.

Final Quiz—Random 4:

• If someone pays fee 31 days after it is ordered, what is the name of the fee that should be assessed?

• Time Payment Reimbursement Fee

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Page 38: Jail Credit and Alternatives to Payment of Fines and Costs

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Questions?

Thank you!

John Lackey, TJCTC Staff Attorney

[email protected]

512-347-9927 ex. 207

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