“The Department of Motor Vehicles officially reported that it cleared more than 550,000 driver’s license suspensions back in December, according to one of the groups representing several Californians behind a 2016 lawsuit.
The release by the Western Center on Law & Poverty said the court sided with their plaintiffs last year.”
DMV reverses 550,000 driver’s license suspensions following lawsuit
FOR IMMEDIATE RELEASE
SACRAMENTO— Today California Governor Gavin Newsom signed into law Senate Bill 1290 (SB 1290), a bipartisan juvenile justice reform bill that outlaws the collection of administrative fees that disproportionately extract wealth from low-income, Black and Latinx families.
Previously, local courts and probation departments across the state imposed fees on families for their child’s involvement in the juvenile system, including fees for legal representation by a public defender and daily fees for food, clothing, and health care when youth were detained in juvenile halls.
According to the bill’s co-author, Senator Maria Elena Durazo (D-Los Angeles), “The passage of SB 1290 marks the full abolition of juvenile fees in California. The harmful, costly, and frequently unlawful practice of collecting these administrative fees causes devastating and lasting harm to low-income families, while providing little net revenue for counties.”
In 2018 California ended the assessment of all new juvenile fees with the passage of Senate Bill 190, after research by the U.C. Berkeley School of Law Policy Advocacy Clinic documented how fees push youth further into the system and trap families in cycles of debt. Because of systemic racism throughout the juvenile system, even after controlling for underlying offense, researchers found that families of Black and Latinx youth were liable for higher fees than families of white youth.
Forty-three of California’s 58 counties had gone beyond what was previously mandated by the state and voluntarily ended collections on over $346 million in outstanding juvenile fees. The 15 remaining counties will now be required to discharge approximately $15 million in outstanding fees by the end of the year.
The passage of SB 1290 also formally ends the collection of fees for home supervision, electronic monitoring, and drug testing for young people under age 21 in the criminal system. This complements the historic passage of California’s Assembly Bill 1869, a budget trailer bill championed by Budget Chairwoman Holly J. Mitchell that abolishes 23 administrative fees in the criminal system for people of all ages. AB 1869 was signed on Friday, September 18, 2020.
Anthony Robles with the Youth Justice Coalition of Los Angeles, a co-sponsor of the bill, noted that, “While the California legal system still extracts wealth from over-policed communities through fines and restitution, we are leading the nation in fee reform by eliminating these taxes that keep low-income families and communities of color in a vicious cycle of poverty and punishment. We hope that organizers, advocates, and lawmakers across the country can use our almost decade-long grassroots campaign as an example as they fight for debt-free justice in their own communities.”
Co-sponsor Jessica Bartholow with Western Center on Law & Poverty added, “The elimination of all juvenile fees and many adult fees is an important step toward divesting community resources away from the carceral system and keeping those dollars in the hands of families and in their communities where they are desperately needed right now. Fees unjustly force communities that are targeted by racist policing and punished by a racist carceral system to directly pay for that violence against them.”
Earlier this year, Maryland similarly abolished juvenile fees and Nevada outlawed charging juvenile fees. Additional states, including Colorado, Louisiana, and Oregon, are considering taking legislative action to end this regressive and racially discriminatory practice.
“California was the first state in the nation to look at the data and acknowledge the high pain and low gain of juvenile fees,” said Stephanie Campos-Bui with the UC Berkeley Law Policy Advocacy Clinic. “It is really exciting to see the fight for debt-free justice expand into so many other states and even get attention at the federal level.”
Last spring, California Congressmember Tony Cárdenas introduced the Ending Debtor’s Prison For Kids Act (H.R. 2300), which offers funding for mental and behavioral services to states that eliminate fees associated with the juvenile justice system.
“The passage of SB 1290 in California is another step in our fight to end the cruel practice of collecting fines and fees that keep children in jail and American families in debt”, said Congressman Tony Cárdenas. “Similar to SB 1290, my bill, Eliminating Debtor’s Prison for Kids Act (H.R. 2300), introduced in the U.S. Congress, will help states across the country, including California, end the burdensome costs, fines, and fees associated with the juvenile justice system which perpetuates this unfair cycle of juvenile incarceration. I hope other states follow California’s lead and end this harmful practice so we can focus on fostering healthier outcomes for our young people and provide all children with a second chance at a better life.”
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Contacts:
Jessica Bartholow, Western Center on Law & Poverty, (916) 282-5119, jbartholow[at]wclp.org
Anthony Robles, Youth Justice Coalition, (626) 838-9450, anthony[at]youth4justice.org
Stephanie Campos-Bui, Policy Advocacy Clinic, (909) 568-7410, scamposbui[at]law.berkeley.edu
***Western Center is part of the Debt Free Justice Coalition, which worked to achieve the historic, first in the country victory to end state law authorizing specified criminal justice fees, resulting in the repeal of 23 criminal justice fees and expunging an estimated $16 Billion in outstanding debt.***
FOR IMMEDIATE RELEASE
SACRAMENTO, CA—Last Friday, Governor Gavin Newsom signed AB 1869, making California the first state in the country to repeal administrative fees in the criminal system. This historic reform will reduce the harm caused by court-imposed debt and strengthen the economic security of low-income communities of color.
AB 1869 permanently ends the assessment and collection of 23 administrative fees in the criminal system effective July 1, 2021. The bill also writes off all outstanding fee debt. The Policy Advocacy Clinic at Berkeley Law estimates that AB 1869 will relieve Californians of over $16 billion in outstanding criminal fee debt, the vast majority of which is uncollectible because people cannot afford to pay.
According to Senate Budget Chair Senator Holly J. Mitchell (D-Los Angeles): “For too long, the imposition of fees by our courts has taken away much-needed resources from people and perpetuated historic forms of racialized wealth extraction. By eliminating these criminal administrative fees, we can put money back in the pockets of Black and Latinx people and invest in the public health and safety of all communities.”
Currently, California law permits counties to charge people administrative fees related to their legal representation, probation, and incarceration. These fees often add up to thousands of dollars for a single person and pose significant barriers to reentry. Unpaid fees can be enforced via wage garnishment, bank levy, and tax refund intercept.
“As a public defender, it is painful to watch clients be saddled with fees, knowing that they won’t be able to pay,” said San Francisco Public Defender Mano Raju, whose office is part of Debt Free Justice California. “The criminal legal system disrupts people’s lives and families in so many ways that adding financial penalties sets people up for failure when we should be setting them up for future success. By eliminating fees, we’re paving the way to more resilient communities.”
Angelique Evans, an organizer with A New Way of Life, shared her experience: “Almost immediately after being released from prison, Los Angeles County told me that I owed over $3,000 in administrative fees. As a mother, I wanted to prioritize taking care of my son and getting back on my feet. The fees held me back, both emotionally and financially. This bill will allow people returning home to focus on what matters most—rebuilding our families and lives.”
AB 1869 builds on years of organizing and advocacy by Debt Free Justice California. Research by the coalition shows that imposing fees on people in the criminal system is high pain because it leaves many with insurmountable debt, and low gain because counties net little, if any, revenue from these fees. Due to over-policing and racial bias in the system, the burden of fees falls disproportionately on Black and Latinx communities.
Out of concern for racial and economic justice, legality, and costs, four counties—San Francisco, Alameda, Contra Costa, and Los Angeles stopped charging some discretionary fees over the last few years. AB 1869 brings debt-free justice to all Californians across the state.
Jhumpa Bhattacharya, Vice President of the Insight Center for Community and Economic Development and member of Debt Free Justice California, said: “We joined together as a coalition to think bigger, broader, and more critically about how anti-Blackness, xenophobia and sexism underpin the rules of our economy, the criminal system and policing. The imposition of criminal fees was not simply a matter of good or bad fiscal policy, but a reflection of multiple systems of entrenched racism that have led to targeted policing and over-incarceration of Black and Brown communities, consequently widening racial and gender wealth inequality.”
The passage of AB 1869 will help California begin the process of reinvesting in communities and disinvesting from our carceral system.
CONTACTS:
Jhumpa Bhattacharya, Vice President of Programs and Strategy Clinical Supervising Attorney, Insight Center for Community Economic Development, 510-466-1711, jhumpa[at]insightcced.org
Stephanie Campos-Bui, UC Berkeley School of Law Policy Advocacy Clinic, 760-349-6631, scamposbui[at]law.berkeley.edu
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Debt Free Justice California is a multi-regional, California-based coalition focused on putting a stop to the unfair ways the criminal system drains wealth from vulnerable communities. The coalition is comprised of legal advocates, policy experts, and most importantly, movement building organizations led by impacted people. For more information, visit: https://ebclc.org/cadebtjustice/about/.
FOR IMMEDIATE RELEASE
SACRAMENTO— The California Legislature has sent Governor Gavin Newsom Senate Bill 1290 (SB 1290), a bipartisan juvenile justice reform bill that will outlaw the collection of fees that disproportionately extract wealth from low-income, Black and Latinx families. More than 60 groups across the state have called for the Governor to sign the historic bill.
According to Senate co-author Maria Elena Durazo (D-Los Angeles), “SB 1290 will end the harmful, costly, and frequently unlawful practice of collecting administrative fees from families with youth in the juvenile system and young adults. These fees cause devastating and lasting harm to low-income families, while providing little net revenue for counties.”
SB 1290 builds on the progress made by SB 190, which abolished the assessment of new juvenile fees in 2018. Forty-three counties have since forgiven more than $345 million in outstanding juvenile fees statewide. However, 15 counties continue to pursue almost $15 million from youth and their families.
“We abolished these fees because they are regressive, racially discriminatory, and deepen harm to youth,” said Senate co-author Holly Mitchell (D-Los Angeles). “For all those reasons, counties should not be able to collect previously charged fees.”
Research by the U.C. Berkeley School of Law Policy Advocacy Clinic has documented how such fees push youth further into the system and trap families in cycles of debt. Because of systemic racism in the juvenile system, even after controlling for underlying offense, researchers found that families of Black and Latinx youth are liable for higher fees than families of white youth.
“Fees unjustly force communities that are targeted by racist policing and punished by a racist carceral system to directly pay for that violence against them,” said lead co-sponsor Jessica Bartholow of Western Center on Law & Poverty. “Signing this bill will be an important step toward divesting community resources away from the carceral system and keeping those dollars in the hands of families and in their communities where they are desperately needed right now.”
“There is still work to do to eliminate these fees in the adult system, where they are equally harmful,” said co-sponsor Anthony Robles with the Youth Justice Coalition of Los Angeles. “But with the signing of SB 1290, California will lead the nation in juvenile fee reform by removing an excessive burden that keeps low-income families and communities of color in a vicious cycle of poverty and punishment.”
Contacts:
Jessica Bartholow, Western Center on Law & Poverty, (916) 282-5119, jbartholow[at]wclp.org
Anthony Robles, Youth Justice Coalition, (626) 838-9450, anthony[at]youth4justice.org
Stephanie Campos-Bui, Policy Advocacy Clinic, (909) 568-7410, scamposbui[at]law.berkeley.edu
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“Los Angeles County recently dissolved $89.2 million in juvenile debt, according to the Western Center on Law and Poverty. San Bernardino County forgave $16.6 million, Riverside County dissolved $4.1 million and San Diego County forgave $58.8 million, the law center said.”
OC agrees not to collect $18.5 million from families whose children were locked in juvenile hall
“This policy victory would have never happened without the Policy Advocacy Clinic. When impacted community members dedicate their lives to undoing the injustices they have experienced, they deserve the best teammates to support them in achieving big goals, not half-a-loaf solutions,” says Jessica Bartholow, policy advocate for the Western Center on Law & Poverty and a clinic client. “The clinic shows up to be that partner every time and the Franchise Tax Board action was a perfect example of how magical the combination of deep partnership and strategic preparation can be.”
Clinics Help Protect State Families from Debt Collection During COVID-19 Crisis
FOR IMMEDIATE RELEASE
SACRAMENTO—California counties have stopped collecting hundreds of millions of dollars from vulnerable families after the passage of Senate Bill 190 (Mitchell, Lara), which abolished fees in the juvenile legal system, according to a new study released today by UC Berkeley Law School’s Policy Advocacy Clinic. Some counties, however, continue to charge prohibited fees to families and to collect past fees. The full report is available online here.
According to San Mateo County resident Sonya N., “It was a blessing when San Mateo stopped collecting thousands of dollars in fees they had charged me from my son’s juvenile case. As a single parent with two kids, it was a real hardship to make that payment every month. When the County cleared the old fees, it was less of a struggle to buy gas or pay for my family’s basic needs.”
However, not all parents and guardians live in counties that ended fee collection. San Diego County parents Andrew and Christina S. were charged more than $15,000 in juvenile fees when their adopted son got into trouble: “We were thrilled when we learned that SB 190 was passed, but it did nothing about the fees that we were charged for one of our six children we adopted through the County foster care system. Instead of applying the tenets of SB 190, the County accelerated collection efforts with a judgement, lien, and now threats to garnish our wages. We would hope that all families with juvenile fees can get relief.”
The clinic conducted the study on behalf of the Western Center on Law & Poverty, which sponsored SB 190. Starting January 1, 2018, SB 190 repealed county authority to charge fees in the juvenile legal system. The legislation also ended several fees for young people ages 18-21 in the criminal (adult) legal system.
Researchers found that all counties stopped charging new juvenile fees before the law went into effect. Although SB 190 did not waive previously assessed fees, 36 counties voluntarily discharged or stopped collecting them, relieving hundreds of thousands of families of more than $237 million.
According to study co-author Stephanie Campos-Bui, “The majority of counties have taken it upon themselves to end the collection of hundreds of millions of dollars in previously assessed fees. Such widespread relief is unprecedented in the history of criminal justice reform and can serve as a model for debt-free justice in other states.”
Counties have gone beyond the requirements of SB 190 in other important ways: one county refunded families who made payments on unlawfully charged fees, some counties stopped charging fees not repealed by SB 190, and three counties repealed fees in the adult system.
In spite of significant progress, the study found that some counties are violating SB 190 by pursuing prohibited juvenile fees through child support orders and by charging young people ages 18-21 in the adult system. According to Western Center on Law & Poverty Legislative Advocate Jessica Bartholow, “With other legal services providers across the state, we are actively monitoring and addressing these ongoing violations. We expect counties to comply fully with SB 190.”
Twenty-two counties are still pursuing over $136 million in previously assessed juvenile fees from California families. Of these counties, San Diego, Orange, Riverside, Tulare, and Stanislaus are collecting more than 95% of the total statewide. San Diego, home to Mr. and Mrs. S., is still collecting $58 million from families.
In light of these findings, the researchers recommend that counties stop assessing all remaining SB 190 fees, voluntarily end collection of previously assessed fees, and notify affected youth and their families of the law change. The researchers also recommend that the state oversee local child support compliance with SB 190 and pass legislation to make all previously assessed SB 190 fees unenforceable and uncollectable.
In response to the study, SB 190 co-author Senator Holly J. Mitchell said, “We can all be proud of the progress that we have made, but it is clear we can do better. I look forward to continued work with impacted youth and their families until all fee collection is ended statewide.”
Congressman Tony Cárdenas of California’s 29th Congressional District also said the study’s findings were a call to action: “We need to end the cruel practice of collecting fees from youth that keep children in jail and American families in debt. I am proud to have introduced the Eliminating Debtor’s Prison for Kids Act and to be leading the Congressional call to action to end these unfair fees. I urge my colleagues in Washington and legislators in my home state of California to join me in my fight to ensure that our youth have a second chance at a better life.”
CONTACTS:
Stephanie Campos-Bui, Policy Advocacy Clinic at UC Berkeley School of Law, (510) 643-4624, [email protected]
Jess Bartholow, Legislative Advocate at Western Center on Law & Poverty, (916) 282-5119, [email protected]
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