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

Plain English Breakdown

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Act to Change Court Rules About Fines and Fees

This act allows Delaware courts more flexibility in waiving fines and fees for people who cannot afford them, especially if they receive public assistance or are represented by the Office of Defense Services.

What This Bill Does

• Gives judges the power to reduce or cancel certain court fines and fees when a person can't pay.
• Creates a rule that suggests fines and fees won't be charged if someone shows proof they get public help like Medicaid, SNAP, or veterans' benefits.
• Sets up a process for people who have already been told to pay fines or fees to ask the court to reconsider.

Who It Names or Affects

• People in Delaware who are ordered to pay court fines and fees.
• Courts in Delaware that decide on these cases.

Terms To Know

Public assistance

Help from the government, like food stamps or Medicaid, given to people who need it.

Office of Defense Services

A group that provides legal help for free to people who can't afford a lawyer in court cases.

Limits and Unknowns

• The act does not specify exactly which fines and fees are covered by the changes.
• It is unclear how much discretion judges will have when deciding whether to waive fines or fees.

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 created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023, report.
This Act takes effect 180 days after its enactment.