Special Edition: Oklahoma fee/fine/cost legislation in the 2017 session

HB 1361 Prohibits imprisonment of defendants for nonpayment of fines, costs, fees and assessment. In House Judiciary – Criminal Justice and Corrections Committee.

HB 1476 Provides “It is the policy of this state that no person shall be incarcerated for debt.” Deletes authority of trial court to convert sentences to pay a fine, cost, fee, or assessment into jail sentences. Repeals provision allowing court to send nonpayment notice to Department of Public Safety in order to recommend suspension of driving privileges. In House Judiciary – Criminal Justice and Corrections Committee.

HB 2289

  • Authorizes courts to waive outstanding fines, costs and fees under certain circumstances.
  • Provides payment/installment plans ordered by court may not exceed 10% of “discretionary income” and defines “discretionary income” as 150% over federal poverty line.
  • Directs Supreme Court to promulgate rules related to reporting and payment requirements and collection and distribution methods.
  • Provides for the establishment of pilot financial obligation payment program to determine whether offenders can make consistent payments of their court-ordered financial obligations for two (2) years in exchange for a waiver of the remaining fines, fees and court costs.

In House Appropriations and Budget Committee, Public Safety Subcommittee.

SB 121 Provides the court may adopt an alternative procedure for collecting an outstanding payment in misdemeanor cases. In Senate Judiciary Committee.

SB 272 AS AMENDED BY SENATE JUDICIARY COMMITTEE

  • Directs automatic 12 month deferral of certain fines, fees and court costs for certain individuals recently released from imprisonment.
  • Allows after 12 months for court to waive fines, fees, and costs outright, extend deferral, or enter into payment plan.

Approved as amended by Senate Judiciary Committee 2/21/17.

SB 340 AS APPROVED BY FULL SENATE

Provides if defendant convicted in municipal criminal court of record for violation of city ordinance is without means to pay the fine or costs, and no undue hardship would result, the municipal judge may direct the defendant to perform community service at a rate of not less than the current federal minimum wage.

Approved by full Senate 2/20/17.

SB 342 AS APPROVED BY FULL SENATE

Creates task force to analyze fines, fees and court costs assessed throughout criminal justice process. Requires task force report by November 30, 2019 on

  1. The percentage of owed fees, fines and costs that are actually paid;
  2. How local and state governmental budgets are supported by fees, fines and costs;
  3. How fees, fines and costs contribute to jail and prison populations; and
  4. Recommendations for improvement to the existing system.

Approved by full Senate 3/22/17.

SB 689 AS APPROVED BY FULL SENATE

  • Provides absent a finding of willful nonpayment by the offender, the failure of an offender to pay fines and costs may not serve as a basis for revocation or probation.
  • Authorizes courts to waive outstanding fines, costs and fees under certain circumstances.
  • Provides payment/installment plans ordered by court may not exceed 10% of “discretionary income” and defines “discretionary income” as 150% over federal poverty line.

Approved by full Senate 3/21/17.

SB 793 AS APPROVED BY FULL SENATE

Creates Corrections and Criminal Justice oversight task force. Requires Department of Corrections deliver to task force data on, among other things, the amount and percentage of discretionary income each person under DOC supervision or control pays monthly that goes towards court fees, fines, and costs and the number of supervision extensions made due to failure to pay fines and fees.

Approved by full Senate 3/21/17.