In Boston, a candidate for district attorney successfully campaigned on a platform of declining to prosecute low-level “quality of life crimes.” Likewise, several states have begun outlawing the commercialization of the criminal justice system through fines and fees, and there are calls for an increased role for the federal government in such reform efforts.On January 1, 2017, the New Jersey Criminal Justice Reform Act took effect, essentially eliminating the monetary bail system in state courts. Prosecuting “quality of life” crimes would, under this approach, lead to a reduction in the incidence of more significant crimes. From what is defined as criminal behavior to how penalties are decided, our legal system punishes people who are poor in America far more often and more harshly than the wealthy.No person in America should be locked up because they are poor.

Holding people in jail who do not pose a significant safety risk also exacerbates overcrowding, creates unsafe conditions, and places a huge financial burden on taxpayers. Overall, however, the conversation continues to move toward a critical evaluation of our criminal justice system, and one that strives for a more equitable and fair administration of justice.In 2018, California became the first state to ban all fees for incarceration, court appearances, probation, or drug testing.

Click the link below to download the CJPP report, "Confronting Criminal Justice Debt: Guide for Policy Reform," released on September 8, 2016. On the other end of the spectrum, higher-risk defendants determined to pose a danger to the community or pose a substantial risk of flight would no longer be able to ensure their pretrial release with bail funds. Moreover, criminal justice debt hinders reentry, often leading to extended periods of court-supervision and incarceration for individuals unable to pay. Unpaid criminal justice debt also can get larger over time, due to mandatory interest, penalties for late payment or nonpayment, or other collection costs that accrue from the date of judgment or missed payment. We need a criminal justice system that puts people over profit and helps to make vulnerable people more stable, not less stable.The number of Americans sitting in jail without a conviction is larger than most other countries’ entire incarcerated population. Overall, however, the conversation continues to move toward a critical evaluation of our criminal justice system, and one that strives for a more equitable and fair administration of justice. Preliminary crime statistics from the New Jersey State Police showed no major bump in violent offenses across New Jersey, and actually showed a drop in rates for many serious crimes. All fifteen of the states examined in this report have jurisdic-tions that arrest people for failing to pay debt or appear at debt-related hearings. Confronting Criminal Justice Debt: A Comprehensive Project for Reform is a collaboration of the Criminal Justice Policy Program and This initiative aims to equip advocates approaching these issues from many vantage points to meet the urgent challenges posed by criminal justice debt.

States charge a number of fees at every stage of criminal processing: fees for public defenders, jail fees, prison fees, court administrative fees, prosecution fees, probation fees, parole fees, etc. Survey—Federal and Local Responses to Criminal Justice Debt Problems. In other words, jailing people who cannot pay bail is criminogenic.People are also more likely to be acquitted if they pay bail, in part because they are less likely to take plea deals just to get out of jail. Originally, bail was to ensure an individual’s return to court to face charges against them. To help cover the high operating expenses of the criminal justice system—correctional, judicial, and law enforcement expenditures combined cost about $900 per capita each year—many states and localities rely on fees and fines to fund their courts, criminal justice agencies, and even government activity wholly unrelated to public safety. The examples above are indicative of a growing conversation of reform and a critical eye toward the status quo. — Bryan StevensonIn the United States, wealth, not culpability, often shapes outcomes. Often, those being held on bail have simply been accused of low-level offenses; for instance, 75 percent of pretrial detainees have been charged with only drug or property crimes.Pretrial detention also has collateral consequences: It leads to people losing their jobs, not being able to care for their children, and losing contact with loved ones. Similarly, after reviewing their fee collection practices, Leon County in Florida closed its Collections Court and terminated 8,000 outstanding arrest warrants; Orange County, also in Florida, likewise cancelled outstanding nonpayment warrants for transient residents after a similar review.By comparison, there has been little federal attention paid to the issue.

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