The End of Debtors’ Prisons: Effective Court Policies for Successful Compliance with Legal Financial Obligations
Adopted for the 2015–2016 term, this COSCA policy paper addresses the widespread and harmful use of incarceration for unpaid court fines and fees. It examines the unintended consequences of relying on legal financial obligations (LFOs) to fund the justice system, particularly for low-income individuals, and offers practical, evidence-based recommendations for improving compliance while reducing incarceration. The paper advocates for alternatives to jail, enhanced judicial discretion, improved assessment of ability to pay, and reforms in the use of private probation.