Concept of Auction, composition with wooden hammer

Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing.

DOVER, Del.- The Delaware House passed a bill aimed at changing how courts handle fines and fees for low-income defendants.

House Bill 133, sponsored by Rep. Claire Snyder-Hall (D- Rehoboth Beach), would allow judges to waive certain fines and fees for people who show they cannot afford to pay them.

Under the proposal, courts would generally avoid imposing those costs when a defendant demonstrates financial hardship, such as receiving public assistance or being incarcerated.

Judges could still apply fines or fees but would be required to explain their reasoning in writing.

Supporters of the bill say the changes are meant to reduce financial burdens on low-income individuals and address concerns that court debt can be difficult to repay. They also point to findings from a state study group that examined court-imposed debt and found many fines and fees go uncollected.

The legislation would not affect restitution payments to victims or certain fees, including those tied to traffic violations and programs that fund victim services.

If approved by the full General Assembly and signed into law, the measure would take effect 180 days later.

The bill now heads to the Senate for consideration. 

Reporter

Kristina DeRobertis joined CoastTV as an anchor and video journalist in August 2024. She has been with Draper Media since 2022 and previously worked as a reporter for WBOC out of the station's Dover Bureau. Kristina holds a degree in journalism and media studies with a minor in digital communications from Rutgers University. 

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