Suggestions for Pine Lake

1. Create an ability to pay form

The folks at the Fines and Fees Justice Center are willing to help create one.

Pine Lake’s prosecutor asks questions to help determine a person’s ability to pay their fine. Research shows that a form ensures that the questions remain the same from person to person. (I personally would do better if I had a form to fill out before talking to a prosecutor. I get very nervous in a courtroom and can see how folks might not remember to tell the prosecutor pertinent information.)

Make information about Ability To Pay available online, like San Francisco

https://www.sfsuperiorcourt.org/divisions/traffic/cant-afford-pay

2. Change our bond schedule to lower our fines to match the lowest of our local jurisdictions.

3. Implement an Amnesty Program

https://finesandfeesjusticecenter.org/articles/durham-driver-amnesty-program/

https://medium.com/@WhatWorksCities/fines-and-fees-justice-how-cities-can-prioritize-fines-and-fees-reform-during-covid-19-e68d2e557abc

4. Allow partial payment of fines and fees

“The first, and most critical, way states can ease payment is by requiring municipal courts to accept partial payments (factor C4). This way, people can begin paying down their debt and avoid penalties. But if courts can refuse partial payments, they may do so, resulting in late fees and interest—more debt—for people who cannot afford to pay all at once. Unfortunately, only three of the 28 states with municipal courts require them to accept partial payments.”

5. Allow people to pay without coming to court (I think we already do this)

“Second, states can require municipal courts to offer people ways to pay fines and fees without attending court (factor C2). Particularly for people of limited means, making a court date can be a hardship, demanding time off work or costly and often hard to find child care. Yet failure to appear in court to pay fines and fees can lead to late fees and additional penalties, including arrest and incarceration. Alternatives—such as payment by mail, at a court registry, online or over the telephone—help people make payments on time and avoid late fees. Just four states require municipal courts to provide such payment options, though 12 others allow or encourage it. The other 12 states are silent.”

6. Post fines and fees (do we do this?)

“Finally, states can make it easier for people to pay by requiring municipal courts to publicly post a list of fines and fees by offense—if a court has such a schedule (factor C3). Courts can post this information online, at court registry offices or in other prominent public locations. If people can easily learn how much they will owe before their court date, they can prepare to pay in court and avoid return visits and penalties. Just five states require municipal courts to publicly post fines and fees schedules. Two others permit or encourage the practice. Twenty-one are silent.”

7. Give warning tickets for compliance issues, like expired tag, taillight out.

8. Do not include ticketing income in the budget

Idea came from:

https://ij.org/report/fines-and-fees-home/

From Institute for Justice

“Municipalities with their own courts may find it easier and more lucrative to pursue fines and fees revenue, so states that allow municipal courts can take two additional measures. First, they can bar municipalities from budgeting for fines and fees revenue to discourage dependence on it (factor B1). This may discourage municipalities from using code enforcement for financial gain rather than public safety. If municipalities cannot plan for such income, they may put less pressure on their courts and law enforcement personnel to produce it.”

FFJC’s policy recommendations to alleviate financial burdens and injustices during this ongoing public health and economic crisis:

1: State and local jurisdictions should discharge all outstanding fines, fees and court debt. Where full discharge is not yet feasible, government and courts should implement immediately the following alternatives:

End all collection of fines, fees, and court debt, including but not limited to: payments due under payment plans, wage garnishment, property liens, off-sets of tax refunds, unemployment insurance and other public benefits, especially those related to housing.
Stop sending delinquent cases to private collection companies, and direct private collection companies and probation and parole officers to stop all collection efforts.
Stop imposing penalties for late or missed payments of fines, fees and court debt.
Suspend interest on unpaid fines, fees and court debt.

2: Immediately cease issuing and enforcing warrants for unpaid fines and fees or for failure to appear at a hearing addressing unpaid fines and fees.

3: State and local jurisdictions should stop driver’s license suspensions for unpaid fines and fees or for not appearing in court, and reinstate driver’s licenses suspended for non-safety reasons.

4: Law enforcement officers should release individuals with a warning who are driving on a suspended license. Alternatively, law enforcement should cite and release any person apprehended for driving on a suspended driver’s license, when the underlying suspension is based on unpaid fines and fees or not appearing in court. Under no circumstances should these individuals be arrested and jailed.

5: Local governments should stop issuing parking tickets and municipal code violations that do not impact public safety, and stop booting, towing and impounding vehicles for unpaid fines and fees.

6: Judges should waive or reduce any fines they impose, recognizing people’s precarious financial circumstances.

7: Jurisdictions should proactively and widely communicate any changes made in their fines and fees policies.

Decatur Ordinance

WHAT IS THE STANDING ORDER?

In the interest of justice and judicial economy, citizens who have received citations for the following offenses who are now in compliance with licensing and registrations laws of this state may have those offenses reduced to ordinance violations on the immediate payment of a reduced fine and state mandated fees. Ordinance violations are not reported to the state. This can only be done in person at State Court of DeKalb County Traffic Division no less than 10 days after the ticket was issued, and no less than 10 days before your court date.

Expired tag, where no other tickets were issued as part of the same incident and the Defendant has obtained a valid Georgia Tag and presented registrations documents reflecting this to the Clerk of Recorders Court. Defendant will pay a fine of $10.00 per month for every month or portion thereof that the tag was expired. On payment of the fine, the case will be closed as an ordinance violation.

No license on person, expired license, incorrect address on license, wrong class license, wrong endorsement on license, where no other tickets were issued as part of the same incident and if the Defendant presents a valid Georgia License to the Clerk of Court. Defendant will pay a fine of $15.00 and the case will be closed as an ordinance violation.

Equipment violations: tail light out, tag light out, headlight out, too much tint on windows, insufficient tread on tires, cracked windshield, missing rear or side mirrors, where no other tickets were issued as part of the same incident and if Defendant presents a receipt showing that repairs have been made on the vehicle. Defendant will pay a $15.00 fine and the case will be closed as an ordinance violation.

Background Info:

“Six states delegate the maximum authority to municipalities and municipal courts as measured by this category: Arizona, Georgia, Kansas, Louisiana, Nevada and New York. Each of those states has municipal courts and awards those courts significant judicial power through broad jurisdiction to adjudicate all municipal court ordinance prosecutions and some cases under state law. Each also affords municipalities legislative authority to enact charters and codes and permits municipal regulation of the same or similar conduct as state laws. Municipalities in those states may therefore enjoy greater ability to levy fines and fees for financial gain than municipalities elsewhere.”

https://ij.org/report/fines-and-fees-home/

From the Institute for Justice

Georgia received an overall ranking of 1 out of 50. States are ranked from worst to best, with 1 being the worst and 50 being the best.

1999

https://pinelakega.net/Assets/Files/History/ArticleArchive/1999-06-04-Pine-Lake-replaces-its-judge-cuts-fines.pdf

2014

https://www.governing.com/archive/georgia-towns-are-getting-rich-off-speeding-tickets.html

2015

https://www.ajc.com/news/local/traffic-tickets-some-cities-use-interstates-cash-registers/PULjG07fwkFbQUadT4YGvL/

202???

https://justiceinnovation.law.stanford.edu/courses/fines/prototype/

Probation articles