2022 -- H 7192

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LC003768

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- COSTS

     Introduced By: Representatives Knight, Ajello, Batista, Kislak, Alzate, Felix, McEntee,
Caldwell, Kazarian, and McGaw

     Date Introduced: January 26, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-20-10 of the General Laws in Chapter 12-20 entitled "Costs" is

hereby amended to read as follows:

     12-20-10. Remission of costs -- Prohibition against remitting restitution to victims of

crime -- Ability to pay -- Indigency Remission of costs -- Prohibition against remitting

restitution to victims of crime -- Ability to pay -- Indigency -- Enactment of the "SCARCE

Act".

     (a) In order to recognize:

     (1) The scarcity of resources and opportunities for successful rehabilitation of those

involved in the criminal justice system long after they have paid their debt to society; and

     (2) A situation worsened by the onerous, excessive, and mandatory court costs, fees, fines,

and assessments that are imposed as a result, this act shall be known as the "Sensible Court

Assessment, Review, and Costs Extinguishment Act" or the "SCARCE Act."

     (b) The legislative intent of the "SCARCE Act" is to:

     (1) Provide for the uniform, consistent, and sensible application of any and all laws

pertaining to court costs, fees, fines, and assessments;

     (2) Eliminate their negative impact on the ability of offenders to successfully achieve their

rehabilitation and to re-enter society as productive members; and

     (3) Make waiver, exemptions, and eventual extinguishment of the rule rather than the

exception in all courts.

     (c) The general assembly finds as follows:

     (1) In contrast to court ordered restitution to victims of crime which in the sound exercise

of judicial discretion should be available as a sentencing option in order to make victims whole,

criminal justice fees have no formal punitive or public safety function. Instead, they undermine

public safety because the debt they cause can limit access to employment, housing, education, and

public benefits, creating additional barriers to successful rehabilitation and productive reentry into

society.

     (2) Research put before and accepted by the general assembly in 2008 which resulted in

the passage of comprehensive yet largely ineffectual reforms in the assessment and collection of

court costs, fees, fines, and assessments show that criminal justice fees are difficult to collect and

typically cost the state almost as much or more than they end up collecting in revenue. Indeed,

court costs, fees, fines, and assessments are both an ineffectual, inefficient, and possibly

unconstitutional way of raising revenue for the state, especially in the case of fees and assessments

that are earmarked for "the general fund" or incorporated as "general revenues".

     (3) The use of criminal justice fees has been argued by some to be unconstitutional.

Recently, the United States Supreme Court held in Timbs v. Indiana that the Eighth Amendment's

protection against excessive fines is "fundamental to our scheme of ordered liberty with deep roots

in our history and tradition." Others have argued that using the criminal justice system to raise

money for the state is not only misplaced, inefficient, and wrong, but may violate state

constitutional provisions regarding separation of powers and the traditional roles of the legislative

branch to set and the executive branch to collect taxes.

     (a)(d) The payment of costs in criminal cases may, upon application, be remitted by any

justice of the superior court; provided, that any justice of a district court may, in his or her

discretion, remit the costs in any criminal case pending in his or her court, or in the case of any

prisoner sentenced by the court, and from which sentence no appeal has been taken.

Notwithstanding any other provision of law, this section shall not limit the court's inherent power

to remit any fine, fee, assessment or other costs of prosecution, provided no order of restitution

shall be suspended by the court.

     (e) Notwithstanding any provision of law to the contrary, including, but not limited to, the

applicable provisions of §§ 12-18.1-3, 12-25-28, 21-28-4.01, 21-28-4.17, 21-28-4.17.1, 23-1-3, and

31-27-2, any and all court costs, fees, fines, or assessments required by law in criminal cases:

     (1) Shall not be assessed, ordered, or collected by the court when the defendant is sentenced

to serve a prison term of incarceration of six (6) months or more in connection with the case in

which the court costs, fines, or fees are otherwise required;

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     (2) Shall not be assessed, ordered, or collected by the court when the defendant is subject

to a court order for restitution to victims of crime in the amount of two hundred and fifty dollars

($250) or more in connection with the case in which the court costs, fines, or fees are otherwise

required; and

     (3) Any payment order and remaining balance shall be extinguished by operation of law

three (3) years from the date that it was imposed.

     (b)(f) For purposes of §§ 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv) 21-28-

4.01(c)(4)(iii) and 21-28-4.17.1, the following conditions shall be prima facie evidence of the

defendant's indigency and limited ability to pay:

     (1) Qualification for and/or receipt of any of the following benefits or services by the

defendant:

     (i) temporary assistance to needy families

     (ii) social security including supplemental security income and state supplemental

payments program;

     (iii) public assistance

     (iv) disability insurance; or

     (v) food stamps

     (2) Despite the defendant's good faith efforts to pay, outstanding court orders for payment

in the amount of one-hundred dollars ($100) or more for any of the following:

     (i) restitution payments to the victims of crime;

     (ii) child support payments; or

     (iii) payments for any counseling required as a condition of the sentence imposed

including, but not limited to, substance abuse, mental health, and domestic violence.

     (g) The provisions of the "SCARCE ACT" shall be inapplicable to court ordered restitution

to victims of crime.

     SECTION 2. This act shall take effect upon passage. The provisions shall be given

prospective effect and retroactive effect for all offenses on or after January 1, 1985.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- COSTS

***

     This act would standardize and make uniform the applicability, assessment, collection,

waiver, and ultimately the extinguishment of court costs, fees, fines and assessments required in

connection with all criminal cases.

     This act would take effect upon passage. The provisions would be given prospective effect

and retroactive effect for all offenses on or after January 1, 1985.

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