It has been decades since the United States Supreme Court put a ban on pay-or-stay sentencing, which put people behind bars if they are unable to pay a fine. But just because the High Court says no to the pay-up-or-go-to-jail method of justice, that doesn’t mean a handful of judges around the mitten state aren’t still doing exactly that.
New Ruling May Stop Michigan Judges From Pay-Or-Stay Sentencing
However, a proposed rule by the Michigan Supreme Court could finally stop those judges for good. According to Michael Steinberg, legal director at the Michigan branch of the American Civil Liberties Union, pay-or-stay sentencing is a “shameful practice” that they have been working to eradicate for years.
The proposed rule would allow a judge to send someone to jail for failure to pay a fine only if it can be proven that they were financially able to pay but didn’t. However, it does specify that a defendant must be able to afford the fine without incurring significant hardship, which a judge would try to determine using a number of different factors. Those factors would include job status, income, basic living expenses, and available cash.
But what about the money that these sentences generate for the court system? The courts are a costly aspect of the law in this state, and judges in particular are under a great deal of pressure to generate a viable cash flow to support the courts. That, in particular, is being raised as a concern by those who oppose the proposed rule.
Other concerns include unreported income. Some have spoken out against abolishing pay-or-stay sentences on the grounds that many people will claim hardship, while unreported income sources may be allowing them greater cash flow that they are revealing in court.
Those who support the proposed rule say that it will stop the poorest people being punished for their poverty. And there are other ways to achieve the same final outcome without making life even harder for poor people. For example, other proposed alternatives to jail time would include community service for those who can’t afford the fines.
A proposed rule, however, is not a rule carved in stone. This isn’t a done deal yet, and the Michigan Supreme Court is accepting public comments on the issue until March 1, 2016. A court press release states, “To comment via email, write to ADMcomment@courts.mi.gov. To comment using U.S. mail, please write to: Office of Administrative Counsel, PO Box 30052, Lansing, MI 48909.” So if you have an opinion on pay-or-stay sentences in Michigan courts, now is the time to speak up.