Fees and Fines Changes in the Criminal Justice Reform Package

Section AffectedSection SummaryBill SectionEffect of change
272 §8 & §53AFines collected for human trafficking offenses are currently deposited to the General Fund.162Deposits fines collected for human trafficking offenses in to Victims of Human Trafficking Trust Fund.
90 §24D$250 surcharge for any defendant placed in a driver alcohol or controlled substance abuse education program. The fee is imposed in addition to the cost of the program, but may be waived if the court enters a written finding of hardship.35, 36Adopts standardized waiver language.
127 §144A prisoner confined for non-payment of a fine is given a credit of $30 towards such fine for each day confined until the amount is satisfied.99Triples rate at which fines are credited off from $30 to $90
127 §145District Court judges are granted discretion to release a person serving fine time if they are of opinion that such persons are not able to pay or that it is otherwise expedient.100No court shall commit a person to a correctional facility solely for non-payment of a fine if such person has established, by a preponderance of the evidence, that they are unable to pay the fine without causing substantial financial hardship. No court shall commit a person to a correctional facility for non-payment of of a fine if such a person is not represented by counsel, unless they have waived counsel for proceeding. A court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service. No court shall commit a person who has not reached 18 years of age to a prison, or the department of youth services solely for the non-payment of a fine. A person confined to a correctional facility for non-payment of a fine may petition the court for release for an inability to pay due to hardship.
209A §10$350 surcharge for any defendant placed in a batterers' intervention program. The fee is imposed in addition to the cost of the program, but may be waived or reduced. Proceeds to the General Fund.
105Adopts standardized waiver language.
211D §2AIndigent defendants must pay a counsel fee of $150, which the court may waive only upon a determination and verification that the person is unable to pay such $150 within 180 days.107Eliminates indigent counsel fee for persons under 18 years of age.
258B §8The court shall impose an assessment of $90 against any person over the age of seventeen years convicted of a felony; $50 against any person over the age of seventeen convicted of a misdemeanor; $45 against any person over the age of fourteen years and who is adjudicated a delinquent. These fees are deposited to the general fund. In addition, the court shall impose a domestic violence prevention and victim assistance assessment of $50 which shall be deposited in the Domestic and Sexual Violence Prevention and Victim Assistance Fund. The court shall impose an assessment of $45 for failure to pay the assessment for a civil motor vehicle infraction within the twenty days. When multiple civil motor vehicle infractions arising from a single incident are charged, the total assessment shall not exceed $75; unless the person has not attained seventeen years, then it shall not exceed $30. If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would impose a severe financial hardship, the court may waive the fee or structure a payment plan; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship.113Adopts standardized waiver language.
265 §47$5.95 daily fee for a probationer who, due to the terms of his or her probation, must wear a GPS monitoring device. If an offender establishes his inability to pay such fees, the court may waive them. Proceeds are deposited to the General Fund.
130Adopts standardized waiver language .
265 §54Fines collected for enticement are currently deposited to the General Fund.131Deposits fines collected for human trafficking offenses in to Victims of Human Trafficking Trust Fund.
266 §27AMotor vehicle or trailer removal or concealment to defraud insurer. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
134Adopts standardized waiver language .
266 §29Motor vehicle or trailer theft or concealment; operation without owner's consent. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
136Adopts standardized waiver language .
266 §108Vessel destruction to injure or defraud owner or insurer. The court shall, conduct an evidentiary hearing to ascertain the extent of the damages and may then determine the amount and method of restitution. The court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant's present and future ability to make such restitution shall be considered.150Adopts standardized waiver language .
266 §108Vessel destruction to injure or defraud owner or insurer. If the court finds that the payment of restitution due will impose an undue financial hardship on the defendant or his family, the court may grant remission from any payment of restitution or modify the time and method of payment. 151Adopts standardized waiver language .
266 §111BMotor vehicle insurance policies; penalty for fraudulent claims. A person found guilty shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained as a result. The court shall, conduct an evidentiary hearing to ascertain the extent of the damages and may then determine the amount and method of restitution. The court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant's present and future ability to make such restitution shall be considered.152Adopts standardized waiver language .
269 §14BThe court shall conduct a hearing to ascertain the extent of costs incurred by any emergency response services provider as a result of fraudulent 9-1-1 calls and shall order the defendant to make restitution. Restitution shall be imposed in addition to any imprisonment or fine but may be waived upon a finding of good cause.159Adopts standardized waiver language .
276 §30Whenever a default warrant, issued against any person, is recalled by a court, the court shall assess a fee of $50 against the person, but may be waived for good cause .164Adopts standardized waiver language .
276 §30Any person arrested on a warrant because for forfeited or default on a bail bond or recognizance or shall be required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected. If a judge finds that such person is indigent, the person shall be required to perform one day of community service, unless the judge further finds that such person is unable to perform such service.165Adopts standardized waiver language .
276 §31Whenever a court issues a default warrant due to a person's failure to pay a fine, the court shall include an additional assessment of $50 which may be waived by the court upon a finding of good cause.166Adopts standardized waiver language .
276 §87AProbation fee of $60 per month. Administrative probation fee $45 per month. The court may not waive payment of fees unless it determines after a hearing and upon written finding that such payment would constitute an undue hardship on said person or his family due to limited income, employment status or any other factor. Iin lieu of payment the court shall require community work service approved and monitored by the probation department. Such waiver shall be in effect only during the period of time that said person is unable to pay his monthly probation fee. Proceeds to the General Fund.182The court shall not assess said monthly probation fee upon any person placed on supervised probation or administrative probation after release from prison or a house of correction for said person’s first 6 months of such probation. Fees shall be assessed after the first 6 months of such probation unless otherwise waived by the court. Adopts standardized waiver language .
276 §87AIn addition to probation fees, victim services surcharge of $5 per month during such time as said person remains on probation. Shall not be waived without written findings of fact. Proceeds to the General Fund. 183Adopts standardized waiver language .
276 §92ARestitution in cases involving motor vehicle theft or fraudulent claims. A person found guilty shall, be ordered to make restitution for any financial loss sustained as a result. The court shall, conduct an evidentiary hearing to ascertain the extent of the damages and may then determine the amount and method of restitution. The court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant's present and future ability to make such restitution shall be considered.185Adopts standardized waiver language .
279 §1No such notice.207When a person is sentenced to pay a fine of any amount, or is assessed fines, fees, costs, civil penalties, or other expenses, the court shall inform that person that: nonpayment may result in commitment to a correctional facility; payment must be made by a date certain; appear or make the payment may result in the issuance of a default; and if an inability to pay exists the person has a right to address the court if such expenses would cause a substantial financial hardship.
280 §6ABefore imposing a fine or forfeiture, the court shall levy as a special cost assessment an amount equal to 25% of the fine or forfeiture; provided however, that no special cost assessment shall be levied on fines or forfeitures for minor motor vehicle offenses, and juvenile offenses or acts of delinquency. A person convicted is imprisoned until the fine is satisfied, the court may waive all or any part of said cost assessment for hardship. 209Adopts standardized waiver language .
280 §6BThe court shall impose an assessment of not less than $35 nor more than $100 against any person who has attained the age of 18 years and who is convicted of certain misdemeanor drug offenses; the court shall impose an assessment of not less than $150 nor more than $500 against any person who is convicted of certain felony drug offenses. When multiple criminal offenses arising from a single incident are charged, the total assessment shall not exceed $500. A court may waive any assessment for undue hardship.210Adopts standardized waiver language .
Ch. 26, Acts 2003 §368The parole board shall asses a monthly parole supervision fee of $50 and a monthly victim services surcharge of $5. The parole board may waive payment of said parole fee only if it determines that such payment would constitute an undue hardship. Funds deposited to the general fund.211-214The parole board shall not assess said parole fee or victim services surcharge upon any person granted a parole permit for the first year said person is on parole. Adds standardized waiver language.
New special commission.218Creates special commission to conduct a study on the ability of a defendant to pay fines and fees.