Proposed legislation aims to eliminate court fees and end incarceration for unpaid fines in New York

February 6, 2024 Robert Abruzzese, Courthouse Editor

Sponsored by Senator Julia Salazar (seen here) and Assemblymember Kenny Burgos, the End Predatory Court Fees Act would eliminate New York’s court fees, mandatory minimum fines, incarceration on the basis of unpaid fines and fees, and garnishment of commissary accounts.
Photo courtesy of NYS Senate

Share this:

New York lawmakers State Sen. Julia Salazar and Assemblymember Kenny Burgos have introduced the End Predatory Court Fees Act. This groundbreaking bill seeks to abolish a range of financial penalties within the state’s judicial system, including court fees, mandatory minimum fines and the practice of incarcerating individuals for the nonpayment of such fines and fees.

Under the current system, court-imposed financial obligations can lead to a cycle of debt and incarceration for many New Yorkers, disproportionately affecting low-income individuals and communities of color. The proposed legislation aims to address these systemic inequities by removing financial barriers to justice.

“The Senate held a hearing on this legislation and 100% of the testimony was in support,” said Salazar, lead Senate sponsor of the End Predatory Court Fees Act. “It is unbelievable that we continue to burden low-income New Yorkers with these fines and fees. They are essentially a regressive tax. As we approach the state budget, it’s more important than ever that we finally pass the End Predatory Court Fees Act.”

Assemblymember Burgos echoed this sentiment, stating, “Everyone here knows these fees have to go. But even people in the court system — prosecutors, defense attorneys and judges — know these fees have to go.

“They see every day who walks through the court system,” Burgos said. “The poorest people in our state find themselves in the courts. These fees largely go unpaid because you can’t pay a bill with money you don’t have. We then spend more of our own state money to try to collect these fees. And even more egregiously, if people can’t afford them, we incarcerate them.”

In addition to eliminating court fees and mandatory fines, the bill also proposes to end the practice of garnishing commissary accounts, which are often used by incarcerated individuals to purchase basic necessities. This aspect of the legislation underscores the broader aim of reducing the financial burden placed on individuals within the criminal justice system.

Critics of the current system argue that court-imposed fees and fines serve as a regressive form of taxation, placing an undue burden on those least able to afford it. By eliminating these fees and fines, the proposed legislation seeks to ensure that access to justice is not contingent upon one’s financial means.

The End Predatory Court Fees Act represents a significant step towards reforming New York’s criminal justice system. If passed, it could set a precedent for other states to follow, highlighting the growing momentum for criminal justice reform across the United States.

As the bill moves through the legislative process, it has garnered support from a broad coalition of advocacy groups, legal experts and community organizations, all of which are calling for a more just and equitable legal system in New York.

“No one should be forced to miss rent or for their kids to go hungry to fund the government. No one should face a potentially deadly interaction with police because they do not have the means to pay,” said Ismael Diaz, organizer with Center for Community Alternatives. “As lawmakers debate the state budget, we demand an end to New York’s dangerous reliance on court fees — a regressive form of taxation that traps millions of low-income residents in a vicious cycle of debt and punishment.”