Tuesday, May 8, 2018

Legal Financial Obligation Relief Coming Down the Pipeline


Legal financial obligations (LFOs) come in many forms. After a conviction or sometimes a non-conviction resolution of a criminal case, fines, fees, costs, assessments, and restitution are imposed. The defendant is expected to pay all these LFOs off in a timely manner. Willful non-payment of these LFOs can result in incarceration or other problems with the courts. Many people would get caught in a cycle of being unable to pay and getting punished for it. Those debts made it hard to get and keep jobs, housing, and other basic necessities.

House Bill 1783 was recently signed into law. HB 1783 eliminated interest on non-restitution LFOs. It eliminated the imposition of "costs" on indigent defendants. Further, those who are not in default can request for a conversion of their unpaid costs to community service if payment would be a manifest hardship. Defendants may only be punished for a willful failure to pay their LFOs. Non-payment caused by homelessness and mental illness will not be considered willful. 

Thus, there are many good aspects to the bill that should make it easier to reduce LFOs on defendants. Hopefully additional reforms are employed in the future.

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