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TARGETED FINES AND FEES AGAINST COMMUNITIES OF COLOR COMMUNITIES FINES AND FEES AGAINST TARGETED U.S. COMMISSION ON CIVIL RIGHTS SEPTEMBER 2017 CIVIL RIGHTS & CONSTITUTIONAL IMPLICATIONS CIVIL RIGHTS & CONSTITUTIONAL SEPT 2017 TARGETED FINES AND FEES AGAINST COMMUNITIES OF COLOR CIVIL RIGHTS & CONSTITUTIONAL IMPLICATIONS U.S. COMMISSION ON CIVIL RIGHTS COMMISSION U.S. U.S. Commission on Civil Rights 1331 Pennsylvania Avenue, NW Washington, DC 20425 www.usccr.gov U.S. Commission on Civil Rights The U.S. Commission on Civil Rights is an independent, bipartisan agency established by Congress in 1957. It is directed to: • Investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, disability, or national origin, or by reason of fraudulent practices. • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. • Appraise federal laws and policies with respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. • Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin. • Submit reports, findings, and recommendations to the President and Congress. • Issue public service announcements to discourage discrimination or denial of equal protection of the laws. Members of the Commission Catherine E. Lhamon, Chair Patricia Timmons-Goodson, Vice Chair Debo P. Adegbile Gail Heriot Peter N. Kirsanow David Kladney Karen K. Narasaki Michael Yaki Mauro Morales, Staff Director U.S. Commission on Civil Rights 1331 Pennsylvania Avenue, NW Washington, DC 20425 (202) 376-8128 voice TTY Relay: 711 www.usccr.gov COVER IMAGE: Activists with Missourians Organizing for Reform and Empowerment (MORE) and Decarcerate STL hold up signs supporting the consolidation of municipal courts as Michael Gunn, a judge in Manchester, speaks during a public hearing for a Missouri Supreme Court group studying municipal court reform on Thursday, Nov. 12, 2015, at the Missouri Court of Appeals in the Old Post Office building in St. Louis. Photo by Chris Lee, St. Louis Post-Dispatch Targeted Fines and Fees Against Low-Income Communities of Color: Civil Rights and Constitutional Implications Briefing Before The United States Commission on Civil Rights Held in Washington, DC Briefing Report [This page intentionally left blank] UNITED STATES COMMISSION ON CIVIL RIGHTS 1331 PENNSYLVANIA AVE., NW SUITE 1150 WASHINGTON, DC 20425 WWW.USCCR.GOV Letter of Transmittal President Donald J. Trump Vice President Michael Pence Speaker of the House Paul Ryan On behalf of the United States Commission on Civil Rights (“the Commission”), and pursuant to Public Law 103-419, I attach our 2017 Statutory Enforcement Report, titled Targeted Fines and Fees Against Low-Income Communities of Color: Civil Rights and Constitutional Implications. The report is also available in full on the Commission’s website at www.usccr.gov. The report examines the Department of Justice’s enforcement efforts regarding municipal court reforms with respect to the targeted imposition of fines and fees. The Commission heard testimony from the Department of Justice, experts, and scholars in the field and a majority of the Commission made findings and recommendations. Key findings include that unchecked discretion or stringent requirements to impose fines or fees can lead and have led to discrimination and inequitable access to justice when not exercised in accordance with the protections afforded under the Due Process and Equal Protection Clauses of the United States Constitution. In addition, if a jurisdiction’s primary goal is to generate revenue rather than promote public safety, it can create an incentive for law enforcement to issue as many citations as possible, contrary to the pursuit of justice. Nonetheless, many jurisdictions today require or permit courts and municipalities to impose and collect an array of fees for criminal as well as civil justice activities in addition to government programs unrelated to courts. The recommendations we specifically direct to the Department of Justice, following bipartisan testimony in support, include that the Department of Justice should continue to promote core principles identified in a March 2016 “Dear Colleague” Letter and should investigate additional jurisdictions that appear to impose fines and fees and jail individuals for their failure to pay fines and fees in an unconstitutional manner. Such investigations should address within their scope issues such as fees associated with juvenile behaviors, like truancy and curfew violations assessed against parents and guardians, as well as other municipal fines and fees. We at the Commission are pleased to share our views, informed by careful research and investigation, to help ensure that all Americans enjoy civil rights protections to which we are entitled. For the Commission, Catherine E. Lhamon Chair Table of Contents i TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................. i EXECUTIVE SUMMARY .............................................................................................................1 Chapter 1: Introduction to Court Fines and Fees .........................................................................7 The Rise of Fines and Fees ...........................................................................................................7 Courts and Police as Tax Collectors ......................................................................................11 National Spotlight—The Ferguson Example .........................................................................12 Conflicts from Outsourcing Collections to For-Profit Companies ........................................14 The Potential for Constitutional Concerns ..................................................................................15 Requirement of Ability-to-Pay Determination and Equal Protection ....................................15 Conflicts of Interest and Due Process ....................................................................................16 Chapter 2: Extent of Fines and Fees Throughout the States and Impacts on Communities of Color, Persons with Disabilities, and the Poor.................................................19 Is Ferguson Unique? ..............................................................................................................19 Court Structure and Funding .................................................................................................25 Lack of Nationwide Data on Costs Associated with Fines and Fees Collection ...................29 Other Demographics and Fines and Fees ..............................................................................30 Juveniles and Court Fines ......................................................................................................31 Damage to Judicial Credibility and Distrust of Police Officers ............................................34 Consequences of the Inability to Pay Fines and Fees: Driver’s License Suspensions and Incarceration .................................................................................................35 Driver’s License Suspensions ................................................................................................36 Serving Time in Jail ...............................................................................................................38 Alternatives to Payment: Community Service Is Not a Cure All ..........................................40 Chapter 3: Federal Reform Efforts: The Department of Justice Acts .......................................43 Pattern or Practice Investigations: City of Ferguson and Hinds County Jail ..............................44 Police Department Investigation: City of Ferguson ..............................................................44 Jail-Conditions Investigation: Hinds County, Mississippi ....................................................45 Statement of Interest: Driver’s License Suspensions in Virginia ..........................................45 Fines and Fees “Dear Colleague” Letter ...............................................................................46 ii Targeted Fines and Fees National Task Force Funding ................................................................................................47 “Price of Justice” Grants ........................................................................................................48 Juvenile Fines and Fees “Dear Colleague” Letter .................................................................49 Chapter 4: Evaluating the Department of Justice’s Enforcement Efforts ..................................51 Voluntary State Reform Efforts After Receipt of the “Dear Colleague” Letter .........................51 Arizona’s Task Force .............................................................................................................53 Illinois’s Task Force ..............................................................................................................54
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