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Date: November 25, 2024 Mon
Time: 8:19 pm
Time: 8:19 pm
Results for fees and fines
1 results foundAuthor: Beckett, Katherine Title: The Assessment and Consequences of Legal Financial Obligations in Washington State: Research Report Summary: This study explores the assessment and consequences of Legal Financial Obligations (LFOs) in Washington State. For the purposes of this study, LFOs include the fees, fines and restitution orders assessed by judges at the time of criminal conviction. Persons assessed LFOs for offenses committed after July 1, 2000 may remain under the court's jurisdiction "until the [financial] obligation is completely satisfied, regardless of the statutory maximum for the crime." It is important to note that other financial obligations may result from an arrest and/or criminal conviction, including jail booking and operations fees, Department of Corrections fees, and collection fees. This report focuses solely on the LFOs assessed by Washington State Superior Courts, and addresses three main research topics. Part I describes the nature of the fees and fines typically assessed, and identifies the case, defendant, and county-level factors that predict variation in the assessment of LFOs. Part II assesses how LFOs affect the lives of those who possess them, and, in particular, how legal debt affects the re-entry process. The concluding section considers whether the assessment of LFOs is consistent with legislative intent and other important policy goals, including the promotion of reintegration and the reduction of recidivism. The study draws primarily on two main data sources to address these topics. First, data pertaining to 3,366 Washington State Superior Court cases sentenced in the first two months of 2004 were analyzed to quantitatively assess the nature of the LFOs imposed by the courts. Insofar as these records include all Washington State Superior Court cases sentenced in this time period, the results of the quantitative analysis pertain to the state as a whole. The study also draws upon interviews with fifty Washington State residents who were assessed LFOs in at least one of four selected Washington State counties, as well as interviews with Department of Corrections (DOC) personnel, county clerks, defense attorneys, and others with particular expertise regarding LFOs. These interviews provide important information about collection processes and the consequences of LFOs for the reintegration process. However, because these interviews were conducted in four counties, the results may not capture dynamics across the state as a whole. The results of the study indicate that the assessment of LFOs is characterized by a high degree of variability that cannot be attributed solely to the seriousness of the offense or the offender. The dollar value of assessed fees and fines varies a great deal, from a low of $500 to a high of $21,110 per felony conviction. If restitution is included, the maximum LFO assessed for a single felony conviction was $256,257. A very small percentage of these debts had been collected three years post-sentencing. As a result of high rates of non-payment and the accrual of interest, the legal debt of most of those sentenced in 2004 had grown rather than shrunk by 2007. The analysis of court records also indicates that defendant, case and county characteristics significantly influence LFO assessment even after the seriousness of the offense and offender are taken into account. Specifically, convictions involving Hispanic defendants are associated with significantly higher fees and fines than those involving white defendants, even after controlling for relevant legal factors. Drug convictions are associated with significantly higher fees and fines than convictions involving violent offense charges. Convictions that result from a trial rather than a guilty plea are also associated with significantly higher fees and fines. Finally, cases involving male defendants are assessed higher fees and fines than cases involving female defendants. The assessment of LFOs also varies by jurisdiction. That is, even among cases involving identical charges and defendants with similar offense histories, there is significant county-level variation in the assessment of fees and fines. Counties characterized by smaller populations, higher drug arrest and violent crime rates, and/or comparatively small proportions of their budgets devoted to law and justice assess significantly higher fees and fines. The evidence thus indicates that defendants with similar criminal histories and charges may accrue very different amounts of legal debt depending upon where they are convicted. In addition, the interview and survey data indicate that LFOs are an important barrier to the reintegration process. Like people living with a criminal conviction across the United States, many of those interviewed for this study reported living on quite limited incomes; over half of those interviewed have incomes that fall under federal poverty guidelines. Most of those interviewed were also parents and were financially supporting minor children at the time of the interview. As a result, many fell behind on their LFOs, which continued to grow as the result of the accrual of interest. Their legal debt not only potentially limits their income, but their credit ratings as well, which in turn limits their ability to secure stable housing. Some respondents also reported that the threat of lost wages and garnishment created an incentive for them to avoid work. Given evidence that employment, adequate income and stable housing reduce recidivism among persons with criminal histories, it is quite possible that by reducing income and employment, and rendering the search for stable housing more difficult, LFOs encourage repeat offending. The long term nature of the legal debt also prevents many with LFOs from applying to have their criminal record sealed, which in turn perpetuates their economic disadvantage. Some respondents were so overwhelmed by their legal debt that they ceased making payments altogether. In some of these cases, warrants were issued for failure to pay. The issuance of an arrest warrant has many adverse consequences. Persons with warrants stemming from violation of a felony sentence are considered "fleeing felons", and thus are ineligible for federal benefits including Temporary Assistance for Needy Families, Social Security Insurance (SSI), public or federally assisted housing, and food stamps. In addition, respondents in two of the four counties in which interviews were conducted reported being arrested and re-incarcerated as a result of their failure to make regular LFO payments. The threat of criminal justice intervention created an incentive for those who had not made regular LFO payments to hide from the authorities, but nonetheless made it difficult for those same persons to disentangle themselves from the criminal justice system. In short, the interview findings suggest that LFOs exacerbate the many difficulties associated with the re-entry process. Even without legal debt, research indicates that people living with a criminal conviction have a difficult time securing stable housing and employment as a result of their criminal record. Our interview data indicate that LFOs added to these difficulties by: reducing income and worsening credit ratings, both of which make it more difficult to secure stable housing; hindering efforts to obtain employment, education and occupational training; reducing eligibility for federal benefits; creating incentives to avoid work and/or hide from the authorities; ensnaring some in the criminal justice system; and making it more difficult to secure a certificate of discharge, which in turn prevents people from restoring their civil rights and applying to seal one's criminal record. Details: Olympia, WA: Washington State Minority and Justice Commission, 2008. 110p. Source: Internet Resource: Accessed April 3, 2018 at: http://media.spokesman.com/documents/2009/05/study_LFOimpact.pdf Year: 2008 Country: United States URL: http://media.spokesman.com/documents/2009/05/study_LFOimpact.pdf Shelf Number: 149656 Keywords: Collateral ConsequencesCourt CostsCriminal DebtFees and FinesRestitution |