Policy Statement
6
Establish a range of sanctions and incentives that agencies responsible for collections can exercise when a person released from prison or jail does not meet his or her child support and court-ordered financial obligations.
Recommendation
B
Develop a range of incentives, such as certificates of good conduct and waivers of fines, fees, and surcharges to help people who are willing to meet their financial obligations.

When individuals have served time in prisons and jails for their crimes and are making bona fide efforts to support their families and reimburse their victims, incentives may be warranted to encourage them to meet their remaining obligations. The range of incentives that agencies responsible for collections could offer includes the following options:

  • Certificates of good conduct, achievement, or recognition.
  • Reduced requirements of supervision (e.g., electronic monitoring, reporting frequency, travel restrictions) and, where appropriate, shorter length of time a person must spend under supervision as he or she demonstrates responsible behavior and meets his or her financial obligations.
  • Financial Compliance Program, Adult Probation Department, Maricopa County, Arizona

    As part of the Financial Compliance Program, probation officers offer probationers who are at a low risk for recidivism a number of incentives for payment. These include travel permits, less frequent reporting requirements, transfer to reduced supervision caseloads (in which individuals can maintain payments by mail rather than reporting in-person), and early termination of probation when the individual has fully met his or her court-ordered financial obligations.1

  • Waiver of accrued interest on financial obligations.
  • Collections Statute, Washington State

    Washington State's collections statute (Was. Stat. 10.82.090 (2)) enables courts to forgive the interest on an individual's financial obligations as an incentive for payment. Individuals qualify for a waiver if they meet certain criteria, such as having made good-faith payment efforts and being likely to pay the debt if the interest is forgiven.

  • Waiver of fines, fees, and surcharges in cases where individuals meet some or all of the following criteria:
    • history of bona fide attempts to make payments to meet his or her financial obligations.
    • severe illness, injury, or inability to work or receipt of eligibility for disability insurance.
    • indigence.

    Court Fees and Costs Waiver, All Courts, California

    Individuals may apply to all courts in California for waivers of court costs and fees if they are receiving food stamps, Supplemental Security Income (SSI), TANF, or other public assistance; have earnings below an income threshold; or cannot pay for both basic life necessities and court costs and fees. Applicants must provide proof of income, financial difficulty, and receipt of public benefits.2

1 Administrative Directive. Ariz. Rev. Stat. § 13-801 – 13-812, 13-902, 33-967. Administrative Order of the State Supreme Court of Arizona No. 94 -16. Personal communication, Barbara Broderick, Chief Probation Officer, Adult Probation Department, Maricopa County, Arizona, December 6, 2005. Personal communication, Julie Begoña, Field Division Director, Maricopa County Probation Department, Arizona, April 26, 2006.

2 California Rules of Court, 985, “Information Sheet on Waiver of Court Fees and Costs,” adopted for mandatory use by the Judicial Council of California, 982(a)(17)(A), revised March 14, 2005.