Indigent defendants in Delaware can expect relief from fees and fines, as a bill that received approval from the state House committee moves forward.
Delaware residents face the difficult reality of court-imposed fees and fines that can lead to financial ruin, even after serving their sentences. Rebecka Ash, a Delaware resident who served time for a drug charge, testified this week before a state House committee about the ongoing challenges of paying court-ordered penalties. Ash explained that the cycle of accumulating fines led to difficult choices between paying exorbitant fees or purchasing essential items like medication or maintaining utilities.
The hardship Ash experienced was not limited to personal struggles. Her husband, a 20-year military veteran, had to file for bankruptcy to save their home after she was reincarcerated due to unpaid fines. Ash emphasized that she was trying to stay clean, working, attending school, and maintaining her recovery, but the justice system only demanded timely payments.
In an effort to address such financial hardships, state Rep. Claire Synder-Hall, D-Rehoboth Beach, has sponsored legislation that would allow Delaware courts to waive certain fees and fines for defendants who cannot afford to pay. Under the proposed bill, courts could remove part or all of financial penalties if a defendant qualifies for a hardship waiver, with priority given to those on government assistance programs such as Medicaid, subsidized public housing, food stamps, cash assistance, or Social Security Disability Insurance. The bill also introduces a hearing process.
However, the bill received opposition during the House committee hearing, primarily due to concerns over its potential fiscal impact. Money collected for crimes can go into the state's general fund or into specialized funds that support court security, victim's rights, transportation, ambulances, and videophones. Synder-Hall plans to introduce an amendment ensuring that the Victim Compensation Fund is not affected.
According to the Office of the Controller General, collecting criminal fines and fees totaled $15.4 million in fiscal year 2024. If defendants meet the eligibility requirements and are granted relief, it's estimated that around 40% of collections, roughly $6 million, may qualify for the hardship waiver.
Delaware State Police's Legislative Liaison Sgt. Mike Ripple expressed concerns about the bill's potential impact on funding and asked the committee to table it until a more specific fiscal note is provided. The issue of financial burden on low-income defendants has been a persistent concern, with over $40 million written off as uncollectible since 2021, according to the Criminal Legal System Imposed Debt Study Group's 2023 report.
Legislation supporting the bill is currently in the House Judiciary Committee. Supporters argue that the bill would promote equity in the justice system by relieving financial pressures on low-income defendants. However, concerns persist about the potential lost revenue for state programs. The bill will soon move to the House floor for further discussion.
- Rebecka Ash, a Delaware resident, testified about the ongoing challenges of paying court-ordered penalties, which led to difficult choices between essential items and exorbitant fees.
- Ash's husband, a 20-year military veteran, had to file for bankruptcy to save their home due to unpaid fines, causing an additional strain on the family.
- State Rep. Claire Synder-Hall has proposed a bill that would allow courts to waive certain fees and fines for defendants who cannot afford to pay, prioritizing those on government assistance programs.
- The bill has received opposition due to concerns over its potential fiscal impact, particularly on programs like the Victim Compensation Fund, and is currently under discussion in the House Judiciary Committee.
