A new court rule is supposed to make sure judges in Michigan don’t put people in jail because they can’t afford to pay fines or fees.
It’s unconstitutional to jail someone who can’t afford to pay court-ordered fines. So the first thing a judge has to determine is whether a defendant can’t pay, or won’t pay, says Michigan Supreme Court Justice Bridget Mary McCormack.
“So the court has to actually assess that question. And if the defendant is unable to comply with an order to pay, it has to consider some alternatives.”
Alternatives such as a payment plan, reduced payments, or community service in lieu of fines.
There are at least two reported instances of people dying in Michigan jails while they were incarcerated for not paying fines. There are also instances of people losing their jobs or housing because they were jailed for being too poor to pay.