SJC Exchange Library

 Our brilliant former colleague, Mathilde Laisne, developed this tool in collaboration with one of our community partners, STAND with Dignity, for our Indigency Assessment initiative. It was never adopted or implemented but I thought you might find it useful.

Here are her notes about it:

• The assessment should be performed by the court at the time of sentencing, in the presence of defense counsel, in all cases where fines, fees, and costs are considered. It covers every type of financial assessments, including restitution.
• Judges retain their discretion but the tool is meant to guide the process and harmonize decision-making across sections.
• Defendants who are deemed indigent should have all their fines and fees waived by the court.
  • Defendants who fit the criteria for a public defender under R.S. 15:175 will be deemed indigent, i.e. defendants who receive public assistance, reside in public housing, earn less than 200% of the Federal Poverty Guidelines, are serving a sentence in a correctional institution, or are housed in a mental health facility
  • Defendants are usually assessed fines and fees in addition to another form of sentence, most commonly probation. Waiving all fines and fees for indigent defendants does not necessitate an additional form of sentence be imposed to replace fines and fees, for example community service.
• For defendants who are above the indigency threshold, the tool indicates maximum recommended amounts based on their hourly income and household size.
  • The calculation is based on what defendants would pay in a one-time payment based on the new state law on monthly amounts for payment plans, i.e. income for one 8-hour work day (see Act 260).