Advocates fight to end court fees before Senate

Advocates gathered in Albany Wednesday to testify before the Senate Committee on Crime Victims, Crime and Correction on a bill to end certain court fines and fees. Photo via Center for Community Alternatives

By Rachel Vick

Criminal justice reform advocates, legal aid groups and community organizations gathered in Albany on Wednesday to testify on behalf of a senate bill to eliminate mandatory minimums on court fines.

Queens resident Peggy Hererra, an activist with Center for Community Alternatives and mother in a family that struggled to pay fines, said that passing the End Predatory Court Fees Act, introduced by Sen. Julia Salazar, could be the difference between keeping the lights on at home or another jail stint.

The cost of court fees incurred by Herrera’s son, combined with bail charges, are in excess of $12,000. She said the fees and debt impact her son’s credit score and ability to work.

“My family remains criminalized through this unforgiving cycle of debt,” Herrera said. “Ultimately, these fees are an exploitative and regressive tax that criminalizes poverty and puts families like mine in an endless cycle of debt and punishment.”

“These reforms will stop our government from wasting money and time on extracting wealth from our poorest communities and help those involved in the justice system,” she added.

If passed, the legislation would eliminate the mandatory minimums on court fees, probation costs and end the state’s ability to seize commissary accounts of incarcerated individuals who fall behind on payments.

Judges would have the oversight to adjust fees based on an individual’s ability to pay, which proponents say would limit the disparities that occur when fees that seem reasonable have drastically different impacts based on income level.

Jordyn Rosenthal, director of Community Engagement for the Women's Community Justice Association, said additional fees are like “compiling the punishment on someone… and this has created a two-tiered system.”

Jonas Shaende from the Fiscal Policy Institute said that though the fines and fees go toward programs, without a system-wide cost-benefit analysis there is no way to confirm the cost of collecting fees and fines, which “may be exorbitant.”

“Fees surcharges aggressive growth do not serve [to promote] accountability but rather solely focus on covering budget gaps and legislative priorities,“ he added.

The bill would eliminate mandatory minimums on court fees, certain probation costs and the state’s ability to seize commissary accounts of incarcerated individuals who fall behind on payments. Photo via NY Senate

Some public defender groups, like the Brooklyn Defender Services and the Legal Aid Society, and programs with budgets that are bolstered by the fines and fees levied by the courts have backed the legislation, criticizing the decision to place financial burdens on some individuals for the sake of aiding others in similar positions.

When Sen. Thomas O’Mara asked a group of witnesses where the money would come from if not for the people who appear in the court system — comparing the financial costs of justice system involvement with paying a toll for a bridge — they suggested taxing the wealthiest in the state.

If passed by the Committee on Crime Victims, Crime and Correction, the bill will move to the Senate floor for a vote.

Salazar described the current practice as “a perverse financial incentive to cycle people through the criminal legal system without any clear benefit to public safety or to society.”

“For what purpose is our legal system perpetuating a regressive means of raising revenue off of low income individuals — disproportionately black, Hispanic, and indigenous people — when we know that there are numerous equitable and efficient ways in which we can and do raise revenue to fund public services instead,” she added.