House Bill 244: Fines & Fees Reform

When Delawareans face court-ordered fines and fees, many are unable to pay the amount they’ve been assigned. This can begin a “debt spiral,” leading from fines and fees to incarceration to more court-ordered debts.

HB 244 would eliminate a number of fines and fees, and would also prohibit the Division of Motor Vehicles from suspending driver’s licenses as a penalty for nonpayment of a fine, fee, costs, assessment, or restitution.

Here are some of HB 244's key provisions:

• Repeals authority of the court to order a parent to pay for the care of a child during the period of placement if they refuse to take custody pending adjudication of that child.
• Compensation for the services of appointed counsel may not be assessed against the juvenile or their parent, guardian, or custodian.
• Permits the court to order a child to complete Community Service in lieu of a fine.
• If a defendant is sentenced to a period of probation and ordered to pay a fine, fee, costs or assessment, the court may not make the payment a condition of the probation.
• Prohibits the court from issuing an additional fee for:
  • A payment plan
  • Late payments
  • Supervision by probation of the payment of a fine, fee, costs, assessment or restitution
  • Interest for payment of a fine, fee, costs, assessment or restitution that is made late or at designated periodic intervals
• Permits courts to waive, suspend, modify payment of any fine, fee, costs, or assessment.
• Requires the court to advise a defendant on the record in writing of the financial obligations and sanctions for noncompliance.