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The Campaign’s current focus is passage and funding of HB244 with HA1 by the Delaware General Assembly. This bill makes meaningful changes to Delaware’s court-imposed fines and fees:

 

  • – Will cease suspension of driver’s licenses for reasons unrelated to driving and restore licenses to those who were affected by the previous system without additional restoration fees.
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  • – Will get rid of fines and fees for children for criminal cases other than motor-vehicle cases.
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  • – Will get rid of particularly problematic fees for using a public defender, for probation, for cancelling an arrest warrant, or for using a kiosk or internet payment system.
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  • – Will require municipalities, law enforcement agencies, and the courts to track and disclose certain aspects of their fines and fees system.
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  • – Will create a study group to work toward further reform.

 

Download this flyer (PDF). It will give you what you need to know to help passage of HB244 with HA1.

 

– Read the flyer.

– Use the flyer to advocate with members of the General Assembly. (See Take Action page.)

– Share the flyer on social media and ask friends and colleagues to take action as well.

 

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The Reality: Imposing fines and fees on those who are unable to pay has created a de facto debtors' prison in Delaware, harming our communities and trapping residents in a destructive cycle of poverty.
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See this video.

It is about more than the initial fine.  

Small Crimes Add Up.

A single misdemeanor with a $100 fine can balloon into hundreds of dollars in fees owed to the courts. These fees are not intended as a punishment or deterrent -- their purpose is to generate money to pay for certain government functions.

 
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These fines exacerbate financial pressures. 

People Who Can't Pay Go to Jail.

According to a report from the U.S. Federal Reserve, for an unexpected $400 expense "27% would borrow or sell something to pay for the expense, and 12% would not be able to cover the expense at all.” In the first six months of 2018, 129 people were sentenced to prison ONLY for failing to pay Delaware Court–ordered fines and fees.

Debt leads to further punishments. 

The System is Set Up for Further Failure.

Failing to pay a fine or fee can quickly lead to escalating punishment – arrest warrants and driver’s license suspensions. An arrest or loss of the ability to drive frequently leads to loss of employment, only making it more difficult to pay off court debt. In 2017 Delaware suspended 20,679 driver's licenses for failure to pay court-ordered fines and fees, and 44,889 warrants for failure to pay were issued for non-felony offenses.

 
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It's a national problem as well as a Delaware issue.

The System Disproportionately Impacts People of Color.

A Delaware Access to Justice Commission’s Subcommittee on Fairness in the Adult Criminal Justice System finding in 2016 stated that “arrests are more common in urban areas with a greater share of residents that are African American and impoverished.” 

There are solutions to this problem. 

Enact Common Sense Legislation.

The CEDP seeks a world in which one’s poverty does not affect how they are punished in the criminal justice system. This can be achieved through attainable, common sense legislative changes. 

 
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A Noise Violation Should Not Land You in Prison.

The bottom line is that everyone makes mistakes. The severity of the consequences of those mistakes should not be dictated by one’s poverty level.

About Us

What is the Campaign to End Debtors' Prison?

We are a group of Delaware residents who seek to reform the system of court-imposed fines and fees that too often lead to financial insecurity, loss of employment, and imprisonment. We believe that poverty is not a crime and that an inability to pay should not result in a harsher penalty. 


History 

This campaign was launched in the summer of 2019 under the auspices of Network Delaware. The campaign quickly learned that the Delaware Center for Justice had been researching fines and fees and developing proposed state legislation. The campaign met monthly in the basement of SsAM Episcopal Church and strategized on how to support a previously introduced fines and fees reform bill (the old SB39). Efforts included getting Wilmington City Council to pass a supportive resolution, researching solutions, developing issue education materials, recruiting more volunteers, and meeting with legislators. COVID brought an abrupt end to possible legislative progress in 2020. The campaign pivoted to advocating for and then disseminating information about a COVID-necessitated moratorium on consequences for failure to pay court fines and fees. The latter part of 2020 was spent pushing for better and bolder fines/fees draft legislation and priming the pump for strong community support.