San Francisco Chronicle

S.F. considers wiping out court fees charged to defendants.

- By Evan Sernoffsky

When Joe Williams got out of San Francisco County Jail in 2015, he felt ready to reclaim his life and support his two children. So he got three jobs and went to work.

But the 27-year-old became increasing­ly frustrated when he realized large portions of his paychecks would be garnished by the city for fees that had been imposed by the court.

“All I know is two years later, I’m hit with all these debts, and they’re taking out more than I can support myself and children,” said Williams, who declined to discuss the conviction that put him behind bars. “I want to pay all these bills. I want to support my children and I don’t have the money.”

A number of fees like those faced by Williams would be wiped out under legislatio­n that city Board of Supervisor­s President London Breed plans to introduce at Tuesday’s regular meeting after a rally on the steps of City Hall.

The ordinance, backed by Supervisor Malia Cohen, along with the city’s treasurer, public defender and district attorney, seeks to change a system that proponents say fails to deter crime while unfairly burdening poor defendants and hindering their rehabilita­tion.

San Francisco would be the first city in the country to take such a step, Breed said Monday.

“When people are released from custody, they already have challenges,” she said. “Then they get a job and their wages are being garnished because of fees. That’s discouragi­ng to people trying to get their lives on track.”

It’s the latest effort at aggressive criminal justice reform in a city known for progressiv­e politics but stark racial inequality, where African Americans make up less than 6 percent of the population but more than half of those in jail.

Among other efforts, Public Defender Jeff Adachi and others have been fighting the state’s cash bail system, saying it’s unfair to the poor who remain in jail while wealthier defendants charged with the

same crimes are freed.

The new proposal would affect a particular set of fees imposed by the Superior Court, those that come under city, rather than state, jurisdicti­on, including fees intended to pay the costs of jail booking and electronic monitoring.

Today, the city collects between 10 and 25 percent of such fees — and may actually lose money when the costs of collection are factored in, Breed said. At the same time, she said, the costs are oppressive to poor people trying to re-enter society.

More than 90 percent of people in San Francisco jails are defined as low-income and qualify for a public defender, officials said.

The public defender’s office has been tracking fees assessed to criminal defendants and worked with Breed on the legislatio­n.

“Fees in a criminal case are the equivalent of payday loans,” Adachi said. “They tell you to plead guilty and you get out of jail, but then they tack on over 50 fees that will keep you buried in debt forever. Many have nothing to do with the crime or repaying your debt to society.”

Max Szabo, a spokesman for the district attorney’s office, said, “We want to make sure people are as successful as possible when re-entering into society. Charging these fines and fees is acting as a barrier to their success.”

A 2015 report by the Ella Baker Center, a Bay Area nonprofit group focused on civil rights, found the average defendant incurred $13,607 in court-related fines and fees, including restitutio­n and attorney costs. The report drew on surveys of more than 700 formerly incarcerat­ed people in 14 states.

The proposed legislatio­n would not affect fees outside the city’s jurisdicti­on, including restitutio­n that convicted criminals are required to pay to victims, as well as bail costs or penalties imposed by the court.

The ordinance, though, would eliminate administra­tive fees related to pre-sentencing reports, alcohol testing and emergency medical response.

Some of the most expensive costs targeted by the legislatio­n are linked to probation and electronic monitoring. People on probation pay an average of $50 per month to that department, and those on electronic monitoring must rent an anklet for roughly $35 a day, said Anne Stuhldrehe­r, director of financial justice in the city treasurer’s office.

“When you look at a lot of these fees, they are high pain, low gain,” she said. “This legislatio­n is not about eliminatin­g consequenc­es, it’s about removing barriers to re-entry.”

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