Underwood lives in Alexander City, Alabama, where a lawsuit filed by the Southern Poverty Law Center in September claimed that anyone who couldn’t pay their court fines in full were arrested and jailed without anyone looking into whether they could actually afford to pay or an offer of an alternative plan. She has already been jailed twice for her inability to come up with the funds, both times missing one of her children’s birthdays. Another resident, D’Angelo Foster, said he experienced the same thing, losing his job while he spent 35 days in jail over owing $1,700.
But last month, in the wake of the lawsuit, the city passed an ordinance changing its policies. As written, it requires the municipal court to consider a person’s ability to pay when deciding what course of action to take with someone who doesn’t have the full funds. No one who is unable to pay will be jailed anymore; instead, the court can put someone like Underwood or Foster on a payment plan, give her community service, or reduce or cancel the debt she owes. Defendants will also no longer be charged an additional fee for being placed on a payment plan.
“Previously, the police department had been jailing all those who could not afford to pay without any consideration of their financial situation by the judge,” SPLC senior staff attorney Sara Zampierin told ThinkProgress in an email. “These changes abolish that practice and require the court to make the determinations required by the constitution.”
Time will tell what kind of effect the ordinance will actually have on the town, where nearly 30 percent of the population lives below the poverty line. “Like any change in procedures, while it looks good on paper, the actual proof of reform will come through its implementation and practice,” Zampierin said. SPLC will also move ahead in its quest for damages for Underwood, Foster, and others who were jailed over the last two years because they couldn’t afford to pay their fines.
This needs to be adopted in more cities.
City Will No Longer Jail People Who Are Too Poor To Pay Their Fines | ThinkProgress
I like that. If they ignore the payment plan, however . . .
I like that. If they ignore the payment plan, however . . .
For those who can't afford the payment plan, they have community service and debt cancellation/reduction, from what I've read.
For those who can't afford the payment plan, they have community service and debt cancellation/reduction, from what I've read.
then thinkprogress will demand they simply be forgiven the debt. eventually being a burden to society will just become a form of diplomatic immunity.
personally I think they should serve really short prison sentences at a prison like in the movie "Papillion" about the former french penal colony. 10 days at that place cancels your fine in full....
Underwood lives in Alexander City, Alabama, where a lawsuit filed by the Southern Poverty Law Center in September claimed that anyone who couldn’t pay their court fines in full were arrested and jailed without anyone looking into whether they could actually afford to pay or an offer of an alternative plan. She has already been jailed twice for her inability to come up with the funds, both times missing one of her children’s birthdays. Another resident, D’Angelo Foster, said he experienced the same thing, losing his job while he spent 35 days in jail over owing $1,700.
Unless someone has been adjudicated disabled or is above a certain age, I'm completely against debt cancellation.
Time will tell what kind of effect the ordinance will actually have on the town, where nearly 30 percent of the population lives below the poverty line.
I'm pretty sure "thinkprogress" doesn't have the authority to get people forgiven of their debt. Do you think it helps people when they're trapped in debt and get thrown in jail for it?
The purpose of the criminal justice system is not to "help you" it's to "punish" you.
I would be agreeable to debt cancellation. like I said, 10-30 days at hard labor.
The purpose of the criminal justice system is not to "help you" it's to "punish" you.
I would be agreeable to debt cancellation. like I said, 10-30 days at hard labor.
So.. community service?
most of these people have no jobs to start with, because if they had a legitimate job you'd just garnish their wages towards the fine.10-30 days hard labor would result in likely job loss which would further make this person a burden on society. It actually makes the situation worse in the long run.
I would go with community service at the pay rate of about $10 an hour towards the fine.
on steroids. I mean shirt off in 95 degree weather digging 10 foot deep holes and felling logs with hand tools labor. the type where they'll lose 15+ pounds at least during their stay.
like I said ever seen the movie "Papillion" about people sentnenced the french penal colony in Ghana? that type of thing. not just casual picking up trash.
on steroids. I mean shirt off in 95 degree weather digging 10 foot deep holes and felling logs with hand tools labor. the type where they'll lose 15+ pounds at least during their stay.
like I said ever seen the movie "Papillion" about people sentnenced the french penal colony in Ghana? that type of thing. not just casual picking up trash.
most of these people have no jobs to start with, because if they had a legitimate job you'd just garnish their wages towards the fine.
It's a vicious cycle.Another resident, D’Angelo Foster, said he experienced the same thing, losing his job while he spent 35 days in jail over owing $1,700.
most of these people have no jobs to start with, because if they had a legitimate job you'd just garnish their wages towards the fine.
This needs to be adopted in more cities.
City Will No Longer Jail People Who Are Too Poor To Pay Their Fines | ThinkProgress
That's actually pretty sick. You're essentially advocating that people risk death to do completely unnecessary forced labor.
Will the state be responsible for the medical care that people will require during such strenuous activity?
of course. if someone's at a state facility the constitution requires adequate medical care.
This needs to be adopted in more cities.
City Will No Longer Jail People Who Are Too Poor To Pay Their Fines | ThinkProgress
10-30 days hard labor would result in likely job loss which would further make this person a burden on society. It actually makes the situation worse in the long run.
I would go with community service at the pay rate of about $10 an hour towards the fine.
$10 per hour is way to much. Let's not forget we are talking about people who have committed a crime. At best it should be minimum wage level, I would go less than that, $5 per hour sounds good to me when you are talking about raking leaves, cutting grass and picking up trash in public areas. Make sure they are wearing bright orange jump suites too.
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