Balancing the Ledger - A Training and Technical Assistance Project

Problem to be addressed: Each year, courts at all levels of jurisdiction assess millions of dollars in fines and fees, implicating a set of rights under the Sixth, Eighth, and Fourteenth Amendments that include due process, equal protection, and fair adjudication and sentencing. State and local governments have an affirmative responsibility to uphold these rights, yet many fail to meet this obligation fully. Several areas in which these governments play a pivotal role in the deprivation of rights include overuse of fines and fees, failure to assess ability to pay, disproportionate and excessive fines, conflicts of interest, and incarceration for nonpayment.

Primary goals and activities: The Center for Justice Innovation (Center), with partners the University of Alabama at Birmingham, Applied Research Services, and a subject matter expert on fines and fees, will continue providing training and technical assistance (TTA) for an additional 12 months, bringing on at least one additional jurisdiction. Primary activities will include: 1) Mapping and analyzing the jurisdiction’s fines and fees structures to generate the net benefit of current practice in the chosen site; 2) Assessing how well local and state laws and policies related to fines and fees meet constitutional standards and align with best practices; 3) Facilitating the development of a tailored work plan defining the site’s goals; 4) Supporting the site in the completion of next steps through ongoing expert assistance and action research.

Learnings from all TTA sites will be used to identify gaps in knowledge affecting fines and fees and inform development of project deliverables.

Project strategy: The project pairs experienced practitioners and researchers to take a needs-based approach to working with jurisdictions. The team helps sites understand what can be distilled from practice and research to inform how sites can use the information to improve their systems. Each site will pair with an identifiable community consultant, such as an advocacy, research, or public policy organization, that has an understanding of the issues, connections to impacted people, and a willingness to provide localized subject-matter expertise.

Anticipated benefits and major deliverables: The Center and its partners will collaborate on the development and dissemination of a variety of materials, including at least one white paper, monograph, or other document on a topic area that was identified as a gap in knowledge. Publications will be disseminated through the Center’s expansive network and at conferences or in-person meetings that include fines and fees as topic areas.