Elimination of Youth Justice Fines and Fees Act
| Model Bill Info | |
|---|---|
| Bill Title | Elimination of Youth Justice Fines and Fees Act |
| Date Introduced | July 27, 2023 |
| Date Finalized | August 28, 2023 |
| Type | Model Policy |
| Status | Final |
| Task Forces | Criminal Justice |
| Keywords | Criminal Justice |
Elimination of Youth Justice Fines and Fees Act
Section 1. Legal Financial Obligations for Youth Referred to the Juvenile Justice System
A. No fee, cost or fine, or other financial obligation other than restitution shall be imposed on or collected from a youth under the age of majority at the time of their arrest or that youth’s parent, guardian, or custodian.
B. A youth under the age of majority at the time of their arrest or the youth’s parent, guardian or custodian shall not be assessed for any fee or cost subsequent to involvement in the juvenile justice or adult criminal systems the referral, including but not limited to:
Care and custody of the youth pursuant to the delinquency code; Services of a defense or appellate attorney; Counseling or any other treatment; House arrest or electronic monitoring; Drug and alcohol testing; DNA testing; C. The court shall not order commitment to detention or other removal from the home for nonpayment of any fee, cost, fine or restitution, including in cases where nonpayment constitutes a violation of sentencing conditions.
D. Probation for anyone under the age of majority shall not be conditioned on the payment of any fee, cost, fine, restitution, or other financial obligation, and probation shall not be extended for nonpayment of any fee, cost, fine, restitution, or other financial obligation. The court shall not deny or delay processing of a petition for expungement or the automatic expunging of a record because of unpaid fees, costs fines or restitution, or other outstanding financial obligations.
E. Any outstanding court ordered, fees, costs, fines, or other financial obligations other than restitution owed by a youth or a youth’s parent, guardian or custodian that were assessed during the course of an action for which the youth was under the age of majority at the time of their arrest shall be discharged and shall not be collected.
F. Any youth who is participating in a diversion program, on probation, in a juvenile detention facility or juvenile correctional facility, or is otherwise being supervised or in custody solely because the youth has outstanding fines, fees, costs, court expenses, reimbursements or other financial obligations, shall be immediately discharged.
G. A youth or the youth’s parent, guardian or custodian who is currently incarcerated in a correctional facility, jail, juvenile correctional facility, juvenile detention facility, or any other out-of-home placement solely because of nonpayment of any fee, cost, fine, restitution or other financial obligation imposed in an action in which the youth was under the age of majority at the time of their arrest shall be released from all fees, costs, fines, or other financial obligations other than restitution.
