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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Inability vs. Indigent
•Know the Differences
•Know when to apply
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Questions?
Thank you!
John Lackey, TJCTC Staff Attorney
512-347-9927 ex. 207
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