Legislative Analyst’s Office has released Overview of Criminal Fine and Fee System and Notable Related Actions, which can be found here.
The “handout provides an overview of how criminal fines and fees are assessed, collected, and distributed. It then summarizes recent LAO recommendations for improving the state’s criminal fine and fee system. Finally, it discusses notable actions taken to address declines in criminal fine and fee revenue as well as to reduce impacts of the fines and fees upon people.”
The report makes the following recommendations:
- Evaluate Structure of Criminal Fine and Fee System
- What Should Be the Goals of the Criminal Fine and Fee System?
A fine and fee system can service various purposes, such as
deterring behavior or mitigating the negative effects of crime. Fines
and fees should be set in a manner to reflect the intended goals. - Should Ability to Pay Be Incorporated? There are various ways to
incorporate ability to pay into the system. One way is to calculate
fines and fees based on a person’s ability to pay. Another option is
to levy the same level of fines and fees on all people related to the
same violation, but implement alternative methods for addressing the
amount owed (such as through community service). - What Should Be the Consequences for Failing to Pay? The
Legislature will want to consider what consequences people should
face when they fail to pay their fines and fees. The Legislature could
also take action to help prevent people from becoming delinquent—
such as by authorizing programs to offer a discount if people pay the
amount owed in full. - Should Fines and Fees Be Adjusted? The Legislature will want to
decide whether and how fines and fees are adjusted in the future. For
example, the levels could be regularly reevaluated or automatically
adjusted (such as by using a statewide economic indicator).
- What Should Be the Goals of the Criminal Fine and Fee System?
- Increase Legislative Control of Criminal Fine and Fee
Expenditures- Deposit Most Criminal Fine and Fee Revenue in the General
Fund. Depositing nearly all fine and fee revenue into the state
General Fund for subsequent legislative appropriation would increase
oversight and ensure that funding is provided based on program
workload and legislative priorities. Programs supported by such
revenue would also no longer be disproportionately impacted by
fluctuations in fine and fee revenue. - Consolidate Most Fines and Fees. Consolidating most fines and
fees into a single, statewide charge and removing the ability of trial
courts and local governments to add charges would eliminate the
need for the state’s existing complex distribution model and make it
easier for collection programs to track such revenue. - Evaluate Existing Programs Supported by Criminal Fine and
Fee Revenues. Reviewing each program currently supported by
criminal fine and fee revenues will help the Legislature to determine
whether the program is a statewide priority as well as to define its
expectations on program service levels and the level of funding
needed to meet those expectations. - Mitigate Impacts on Local Governments. The Legislature will want
to consider how to mitigate the fiscal impact any restructuring of
fines and fees would have on local governments. We note counties
often use their share of revenue to meet their required payments to
the state for the support of trial court operations—currently about
$660 million annually
- Deposit Most Criminal Fine and Fee Revenue in the General