Delaware legislation lurches forward in favor of criminal defendants

(The Center Square) – A series of reforms related to the assessment of fines, fees and other mechanisms attached to missed or late payments for criminal offenses could soon be on the books in Delaware if a bill is passed into law.

The House Appropriations Committee on April 13 gave its stamp of approval on House Bill 244 through the technical maneuver of voting it out of committee and placing it on the legislative body’s ready list.

State Rep. Sean Lynn, D-Dover, is the bill’s primary sponsor and spoke at length about its intent at the hearing.

“In Delaware, for illustrative purposes, a simple misdemeanor charge, with a $100 punitive fine, frequently results in $500 in total court-imposed fines and fees,” Lynn said. “Since 85% of the criminal defendants that pass through the courts in Delaware are indigent, this is an overwhelming financial burden on the majority of defendants.”

HB 244, Lynn said, is aimed at curbing mounting penalties that are assessed against a defendant when payments are missed. The current system in place in Delaware’s courts, he said, results in “a vicious spiral.”

Lynn said, in particular, he is concerned with the courts’ ability to suspend a defendant’s driver’s license as recourse for missed or late payments.

“Suspending a person’s driver’s license because of payments around court fees makes little sense if the crime or misdemeanor is not related to underlying driving violations,” Lynn said. “Without a driver’s license, many people struggle to find or even keep a job, making it even harder to pay the mounting court costs, let alone support themselves or their families.”

During deliberations, Lynn was asked if the perceived benefactors were not receiving public assistance.

“That would be my assumption,” Lynn said. “But in candor … I don’t have any data that suggests that.”

According to a fiscal note from Jason Smith of the Office of the Controller General, there would be a series of financial ramifications to the state’s bottom line if HB 244 were passed into law.

Smith said the state budget would incur a one-time $100,000 cost to accommodate the changes. Additionally, he said, the general fund would sustain minimum annual losses of $1.67 million, while the transportation trust fund would take in at least $700,000 less revenue each year.

During a discussion of the financial impact, Lynn said he believed the upfront losses would be mitigated by the benefactors being more productive citizens.

“Those individuals now have a pathway to get back on the roads, pay car insurance, seek repairs and maintenance, purchase automobiles and certainly go to work, pay taxes, etc.,” Lynn said.

More than a half-dozen residents and advocacy organization representatives provided testimony to the committee at the recent bill hearing. All of the speakers were supportive of HB 244.

“It is a stepping stone toward greater equity and justice in the state of Delaware,” Kathleen Baker of the League of Women Voters of Delaware said of the bill.

Nick Wasileski of the Delaware Coalition for Open Government said the organization he represents has been taking aim at the state’s current policy of assessing fines and fees in recent years.

“Are the current fines and fees fair?” Wasileski said. “DELCOG believes that they are not, and HB 244 addresses the inadequacies.”

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