SB 2447: Advancing Fairness in Illinois Court Costs, Assessments, and Fees
Chicago Appleseed has long fought for fairness in court fines and fees, a source of systemic inequity in the Illinois legal system. These financial penalties impact low-income residents, contributing to cycles of debt and poverty. In 2018, the Illinois General Assembly passed the Criminal and Traffic Assessment Act (CTAA) to standardize and simplify the imposition of criminal, traffic, and civil court fees across the state, with an effective date of July 1, 2019. The CTAA introduced uniform fee schedules to replace the previous patchwork system and expanded the availability of fee waivers, ensuring that financial obligations did not disproportionately impact those with limited financial means. Chicago Appleseed fought for passage of the CTAA, testifying in support of its passage and to repeal the sunset dates and make the law permanent.
SB 2447, currently in the Illinois Legislature, is designed to address some remaining issues inhibiting the proper implementation of the CTAA. We support SB 2447, which revises the CTAA to further reform how costs and fees are assessed in courts and advances the work to break the cycles of debt from justice involvement that blocks successful re-entry and long-term rehabilitation.
The CTAA was a major step towards remedying these injustices by reducing mandatory court fees and providing a waiver for those unable to pay. SB 2447 clarifies language in the CTAA to ensure the law is meeting its purpose. The bill reforms the CTAA to prohibit the use of plea agreements that require defendants to waive their statutory rights to seek a waiver of court fees and costs—relieving the pressure on people to take plea deals without fully understanding or exercising their right to financial relief. Further, SB 2447 modifies the CTAA To include more “non-court supervised service provider costs,” broadening the scope of costs eligible for assessment waivers to ensure all costs of a case are captured. This change will allow low-income defendants access to coverage of criminal justice-related financial obligations, reducing the financial strain imposed by court-related expenses. Finally, SB 2447 offers a provision to allow defendants to “earn down” outstanding fines and fees based on the time served while incarcerated. This incentive will aid those exiting the carceral system to move forward with less debt, allowing for easier reintegration into society.
Court costs and fees contribute to more than financial strain. Individuals who cannot pay often face repeated court appearances, extended probation, driver’s license suspensions, and incarceration. These penalties disproportionately affect low-income individuals and communities of color. This practice results in a system where defendants are penalized for their inability to pay rather than the seriousness of their offense, effectively criminalizing poverty. Policies that send individuals to jail for failing to pay court-imposed fines and fees create modern-day “debtors’ prisons,” a practice ruled by the US Supreme Court to be unconstitutional in Bearden v. Georgia (1983).
These outcomes disproportionately impact vulnerable communities and place a financial strain on the court system, where the expense of collecting fines and fees often surpasses the revenue generated. The use of user-generated fines to fund the justice system is a relatively recent phenomenon and one which disproportionately impacts low-income individuals and communities of color, who are over-represented in the criminal legal system. Court-imposed assessments and fees are unaffordable, with a significant portion of defendants in Illinois courts earning below the federal poverty line. Many defendants earn less than $15,000 annually and are left to choose between paying for legal debts or paying for basic needs.
Chicago Appleseed especially appreciates SB 2447’s provision to allow defendants to “earn down” outstanding fines and fees based on time served while incarcerated. The reform recognizes the hardship and lost earning potential that incarceration imposes and aims to reduce the justice debt people carry after release. Under SB 2447, the time individuals spend in custody is acknowledged as a contribution toward satisfying their financial obligations. Financial burdens are a key barrier to successful re-entry into society. An earn-down provision helps individuals exit incarceration with fewer financial burdens by reducing justice debt at the point of reentry. A lower debt load means that individuals can focus on critical factors for stability (housing, employment, basic necessities, etc.), thus reducing the chance of re-arrest or re-incarceration. In this way, the earn-down provision supports a more equitable system by helping to break the cycle of poverty and incarceration.