The U.S. Department of Justice is urging states in an open letter to stop aggressively issuing fines and fees – “strongly encourag(ing) you to consider alternative ways to obtain resources.”

The DOJ issued the letter Thursday for state and local courts regarding the handing out and enforcement of fines and fees and said common practices may be “unlawful, unfairly penalize individuals who are unable to pay, or otherwise have a discriminatory effect.”

While the letter was issued to jurisdictions around the country, it does mention the town of Brookside, Alabama, and a July 2022 federal lawsuit involving the town’s practice of issuing fines and fees. The letter referenced a statement from the DOJ in that Brookside case, saying, “Courts, prosecutors, and police should be driven by justice—not revenue.”

Brookside received national attention after AL.com last January described how it vastly expanded its police force over a two year period, using blacked out vehicles and police dogs to make dubious stops and churn traffic tickets. Brookside revenue from fines and forfeitures rose 640 percent between 2018 and 2020, and came to provide 49 percent of the town’s income.

Read more about Brookside here.

The DOJ’s open letter pushes agencies to ensure their fines and fees practices is constitutional and nondiscriminatory, and the letter discusses obligations courts that receive federal dollars have to obey. The document addresses topics like “the importance of conducting a meaningful ability-to-pay assessment before imposing adverse consequences for failure to pay, considering alternatives to fines and fees, guarding against excessive penalties, and ensuring due process protections, including the assistance of counsel when appropriate.”

It says the Eighth Amendment, outlawing cruel and unusual punishment, prohibits the imposition of fines and fees that are “grossly disproportionate” to the offense, and that the 14th Amendment outlaws incarceration for nonpayment without first conducting an ability-to-pay determination and a finding that the person’s failure to pay is deliberate. The letter also mentions an obligation to consider alternatives to incarcerations, warns against conflicts of interest, and more.

The letter’s introduction page was signed by Associate Attorney General Vanita Gupta. “Justice in the United States should not depend on one’s income or background,” she said in a press release.

Imposing fees that don’t comply with the department’s requirements can break trust of people and their government, said Gupta’s introduction to the letter, and increase recidivism. The practice can also hinder rehabilitation and reentry.

“The Justice Department’s updated guidance addresses practices that disproportionately affect low-income communities and people of color, can trap individuals and their families in patterns of poverty and punishment, and may violate the civil rights of adults and youth alike. Many jurisdictions have innovated to reduce reliance on fines and fees, and the Justice Department is building on that momentum to advance equal justice and public safety for all.”

According to the letter, there are some situations where fines and fees are lawful and that some jurisdictions rely on the revenue. “But as this letter describes, in certain circumstances, unjust imposition and enforcement of fines and fees violate the civil rights of adults and youth accused of felonies, misdemeanors, quasi-criminal ordinance violations, and civil infractions. The unjust imposition of fines and fees also raises significant public policy concerns. Imposing and enforcing fines and fees on individuals who cannot afford to pay them has been shown to cause profound harm.”

“This practice far too often traps individuals and their families in a cycle of poverty and punishment that can be nearly impossible to escape.”

Assistant Attorney General Kristen Clarke added in a press release that by reforming the system, state and local governments can end debtors’ prisons and promote equal justice.

“The unfettered imposition of fines and fees across country has entrapped poor people, too many of whom are people of color, in a cycle of escalating debt, unnecessary incarceration and debilitating entanglement in our justice system,” she said.

The department said the Bureau of Justice Assistance will also release a call for jurisdictions wanting training and other assistance for reforming their fines and fees policies and practices.

The goal of the reform, said the DOJ, is to help state and local courts reduce unjust fines and redirect those resources “into activities with a greater return on public safety.”

Similar concerns on debtors’ prisons have come up in Alabama before Brookside, including investigations into the towns of Harpersville and Fruithurst.

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