AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, FEES, RESTITUTION, AND OTHER COURT-RELATED MONETARY OBLIGATIONS.

Plain English Breakdown

The official text mentions a 'constitutional crossroads' regarding poverty but does not explicitly state that this law resolves all such issues.

Delaware Court Fine and Fee Waiver Act

This law allows Delaware courts to cancel fines and fees for people who cannot afford them, especially those receiving public benefits or court-appointed lawyers.

What This Bill Does

• Gives judges the power to waive all or part of mandatory minimum fines and fees when a person cannot pay.
• Creates a rule that assumes no fines should be charged if a defendant receives public assistance like Medicaid, SNAP, or veterans' benefits.
• Presumes no fines will be imposed on defendants represented by the Office of Defense Services.
• Sets up a hearing process for people who have already been sentenced to pay court costs but cannot afford them.

Who It Names or Affects

• Defendants in Delaware courts facing financial penalties or fees.
• People receiving public assistance benefits such as Medicaid, SNAP, or veterans' aid.
• Individuals represented by the Office of Defense Services.
• Delaware judges who decide on sentencing and fee waivers.

Terms To Know

Waive

To cancel a fine or fee so that it does not have to be paid.

Presumption

A rule that assumes something is true unless there is proof otherwise; here, it means fines are assumed not needed for certain people.

Office of Defense Services

The state agency that provides lawyers to defendants who cannot afford their own legal representation.

Limits and Unknowns

• The text does not list the specific steps a person must take to request a hearing.
• It is unclear if this law applies retroactively to all past cases or only those with new hearings.
• The exact date when these rules will officially start has not been provided in the source.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, FEES, RESTITUTION, AND OTHER COURT-RELATED MONETARY OBLIGATIONS.
Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983). This Act gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances. It also creates a presumption that fines and fees will not be imposed when a defendant shows evidence of certain conditions, including receiving a public assistance benefit (like Medicaid, SNAP, or veterans’ benefits) or being represented by the Office of Defense Services. It also creates a hearing process for anyone already sentenced to pay a fine or fee. The changes in this Act are based on recommendations of the Criminal Legal System Imposed Debt Study Group crea