LAWMAKERS, ADVOCATES & IMPACTED FAMILIES RALLY FOR THE END PREDATORY COURT FEES ACT

Families shared their experiences of being impacted by cycles of court debt and the criminalization of poverty With prices continuing to rise, New York cannot justify the continued use of these court fees

ALBANY - Today, lawmakers and families impacted by court debt rallied at the New York State Capitol to call for passage of the End Predatory Court Fees Act. Sponsored by State Senator Julia Salazar and Assembly Member Karines Reyes, this legislation would eliminate state court fees and probation fees, mandatory minimum fines, incarceration on the basis of unpaid fines and fees, and garnishment of commissary accounts.

Speakers demanded an end to New York’s continued use of court fees — a dangerous and ineffective revenue scheme, to balance the budget on the back of low income communities. With prices continuing to rise, New Yorkers cannot afford this form of regressive taxation.

Photos and video available upon request.

For every traffic ticket or criminal conviction that gets handed down in New York, no matter how minor, courts attach mandatory fees (or sur charges) on top of any fine or sentence imposed. These fees alone can total hundreds of dollars, and the law offers no way for those who cannot afford to pay their fees to have them waived. Those who cannot pay are subjected to severe punishments that trap them in a cycle of poverty and criminalization: incarceration, prolonged or indefinite supervision, and additional fees — with communities of color and low-income communities suffering the most.

“There are two worlds and two sys tems in New York: one for the poor, one for the rich. A wealthy person can easily pay a $175 surcharge for a traffic violation or conviction, but for poor and working-class New Yorkers, these automatic fees take away from our abil ity to feed our families, pay for hous ing and access the resources and care we need to support our mental health, safety and healing,” said Peggy Herre ra, member of Center for Community Alternatives. “Families like mine are taxed, exploited and robbed by these fees. We are criminalized for our pov erty, and forced into an endless cycle of debt and punishment. We must pass the The End Predatory Court Fees Act and eliminate all court, parole and probation fees, end mandatory minimum fines, and ban debtors’ prison in New York.”

“The Senate held a hearing on this legislation and 100% of the testimony was in support,” said Senator Julia Sala zar, 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. It’s more important than ever that we finally pass the End Predatory Court Fees Act.”

“Your zip code or the amount of money in your bank account should not determine your freedom,” said Assembly Member Karines Reyes, R.N., Assembly sponsor of the End Predatory Court Fees Act. “The state should not generate revenue off the backs of poor New Yorkers. Adding to their burden and struggle does not encourage changed behavior, but only deprives them of sorely needed funds and further criminalizes them. I am hopeful that the Legislature and Governor Hochul will join us in ensuring that we can end this serious inequity that is oppressing low-income New Yorkers of color.”

The only reason these fees exist is to generate revenue for courts and other government services. Implemented in the 1980s, they have been consistently raised ever since. Yet, the reality is that court fees have been proven to be an ineffective and unstable revenue source. Collection rates are poor (ranging from 28-56%) and in many places, they are getting worse because they are often levied against people who can’t afford fees. Over the last five years, annual collections have decreased by approximately half (49%). Further more, research has shown that some jurisdictions actually spend more tax dollars attempting to collect fines and fees than they actually receive.

A recent national study detailed the harm inflicted on those struggling to pay off court debt. According to that survey, two-thirds of respondents with court debt fell behind on rent and mort gage payments, and over a third had to move to different accommodations. New York currently has one of the highest median-rent to income ratios in the country — nearly 60% of residents across the state could not afford to cover a $245 fine and fee without cutting back on household expenses.

“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. 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,” said Ismael Diaz, organizer with Center for Community Alternatives.

While dozens of states and localities both red and blue have enacted reforms to eliminate fees in recent years, New York remains only one of four states with statutes explicitly providing that an individual’s inability to pay does not exempt them from owing these fees.

“As a public defender, I have seen firsthand how mandatory court fines and fees trap New Yorkers in a cycle of economic instability and further criminalization and incarceration,” said Jackie Gosdigian, Supervising Policy Counsel with Brooklyn Defenders’ Criminal Defense Practice. “As costs of living continue to rise, court debt forces people to choose between paying for basic necessities, like housing and groceries, or risk incarceration over failure to pay debt. Lawmakers can put an end to this unnecessary punishment by passing the End Predatory Court Fees this session.”

“New York imposes millions of dollars per year in fees on criminal defendants who can least afford to pay. This regressive tax punishes poverty, encourages policing for profit, and funds government services on the backs of Black and Brown New Yorkers,” said Zachary Ahmad, Senior Policy Counsel at the New York Civ il Liberties Union. “Worse, failure to pay exposes vulnerable New Yorkers to incarceration. Government rev enue should not be extracted from New York’s poorest residents, and our courts must not function as debt collectors. State lawmakers must pass the End Predatory Court Fees Act without delay.”

“Some will ask why business would care about this issue,” said Carolyn Gould, CEO for Racial Equity. “The reality is our businesses prosper where there are thriving communities, but most importantly, as business leaders we have a responsibility to our employ ees and customers to help make sure that they live and work in safe, prosper ous, and healthy communities. Passing the End Predatory Court Fee Act is a step that will help support that goal.”