Fines and fees levied by state and local courts and juvenile justice agencies
The guidance letters outline seven constitutional principles, based on the Eighth and Fourteenth Amendments, which include prohibiting excessive fines, ensuring ability-to-pay determinations, and avoiding conflicts of interest in the imposition of fines and fees. The letters also address the impact of fines and fees on low-income communities and people of color, highlighting the importance of avoiding disproportionate burdens.
Similar guidance letters were rescinded in 2017. While the current guidance does not have the force of law, the US Department of Justice strongly implies that failure to comply may expose jurisdictions to enforcement actions.
