Virginia Senate Bill SB654

Virginia 2024 Regular Session

• Introduced: 1/15/24
• Refer: 1/15/24
• Report Pass: 1/29/24
• Report Pass: 2/7/24
• Engrossed: 2/9/24
• Refer: 2/15/24
• Report Pass: 2/16/24
• Refer: 2/16/24
• Report Pass: 2/21/24
• Engrossed: 2/26/24
• Engrossed: 2/28/24
• Enrolled: 3/4/24
• Vetoed: 4/8/24

Caption

Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.

Impact

The proposed changes in SB654 are anticipated to streamline the collection process for overdue court-ordered financials and enhance state revenues from such collections. This bill aims to reduce the backlog of outstanding fines and ensure that the various parties responsible for enforcement have clear guidelines on how to manage and collect debts owed to the courts. Additionally, by formalizing practices around installment payment agreements, the bill may improve compliance among those who may otherwise struggle with immediate payments due to financial constraints.

Summary

SB654 addresses the collection of fines, costs, forfeitures, and restitution in the Commonwealth of Virginia. The bill proposes amendments to sections of the Code of Virginia that outline the responsibilities of court clerks and attorneys for the Commonwealth in reporting and collecting these financial obligations. Key provisions include the requirement for clerks to report delinquent fines and costs to relevant authorities and the use of private attorneys or collection agencies for collection efforts when necessary. The bill also stipulates the establishment of deferred payment agreements to ease the financial burden on defendants ordered to pay fines or restitution.

Sentiment

The sentiment surrounding SB654 is mixed. Supporters argue that the bill could provide a structured and more compassionate approach to the collection of fines, thereby potentially reducing recidivism by allowing individuals to meet their legal obligations without facing excessive hardship. However, concerns have been raised by some advocacy groups and individuals who fear that rigorous collection practices may disproportionately affect low-income defendants and exacerbate existing financial difficulties. The balance between collecting debts and maintaining fairness in the justice system is a focal point of the discussion around the bill.

Contention

Notable points of contention regarding SB654 include the effectiveness and fairness of employing private collection agencies and the impact of stricter penalties for non-compliance with payment agreements. Critics argue that involvement of private entities may lead to profit-driven collection tactics that could exploit vulnerable individuals who are unable to pay their fines. Moreover, the focus on penalties for unpaid debts might reinforce a punitive aspect of the justice system, leading to calls for more rehabilitative rather than punitive approaches in handling financial obligations connected to criminal convictions.