Delaware — State lawmakers are reviewing legislation that would allow courts to waive certain fines and fees for defendants who cannot afford to pay. The proposed measure aims to reduce the financial burdens that can trap individuals in a cycle of debt and incarceration, especially for low-level offenses. Courts could grant hardship waivers based on evidence of enrollment in government assistance programs such as Medicaid, food stamps, or Social Security Disability Insurance. A formal hearing process would also be established to evaluate requests for waivers. The bill has drawn opposition due to concerns about its potential fiscal impact. Fines and fees collected by courts contribute to the state’s general fund and support specific programs including court security, victim services, and emergency response funds. Estimates from the Controller General’s Office indicate the legislation could reduce revenue by about $6 million, as up to 40% of collected fees may qualify for waivers. Some officials have urged delaying the bill until a clearer fiscal analysis is provided. Advocates argue that court-ordered fees disproportionately affect those with limited means, pushing them into cycles of debt and hindering rehabilitation efforts. Opponents emphasize the need to maintain funding for public safety and community programs, suggesting replacement revenue may be necessary. Lawmakers are considering amendments and collaborative measures to address these concerns as the bill moves toward a House floor vote.
