ACLU Challenges Unlawful Colorado Springs Practice of Jailing Persons Because They Are Too Poor to Pay Fines

In this case, the ACLU of Colorado charged that Colorado Springs has been routinely violating the United States Constitution and Colorado law by jailing hundreds of people because they are too poor to pay court-ordered fines and fees.

In a demand letter dated October 22, 2015, the ACLU of Colorado presented the results of its investigation. The ACLU uncovered more than 800 times since January 2014, where the Colorado Springs Municipal Court imposed a fine for a violation of a municipal ordinance and then converted the fine into what court documents label a “pay or serve” sentence.

A “pay or serve” sentence orders a defendant to either pay the amount due or serve time in jail at a rate of $50 a day. These sentences resulted in hundreds of impoverished people spending days, weeks, and even months in jail.

In 75% of the “pay or serve” sentences, defendants were jailed for non-jailable offenses — violations that the Colorado Springs Municipal Code identifies as punishable by a fine only, and never by jail. For example, solicitation near streets or highways is punishable at most by a $500 fine. Yet, since January, 2014, the Colorado Springs Municipal Court has imposed over 200 “pay or serve” sentences for violation of the solicitation ordinance. Similarly, violations of park curfew are also a fine-only offense. Yet the Colorado Springs court has order over 65 “pay or serve” sentences for violation of the park curfew.

The Supreme Court has explained that the Constitution prohibits imposing a fine as a sentence and then converting it into a jail term solely because the defendant has no money. In addition, in 2014, in response to an earlier ACLU investigation, the Colorado legislature enacted HB 14-1061, which mandates specific due process protections to prevent courts from jailing individuals who cannot pay court fines and fees. The ACLU’s demand letter asserts that Colorado Springs is violating the Colorado statute as well as the Constitution.

Update: After collaborative negotiations, Colorado Springs agreed to a resolution that provided monetary compensation to four ACLU clients as well as a process for compensating numerous additional individuals who were unlawfully jailed solely because they were too poor to pay fines. Colorado Springs also agreed to require all municipal court judges to cease imposing jail sentences for fine-only offenses and to abolish "pay or serve" sentences.

“Colorado city to pay those sent to jail over court fines,” Aurora Sentinel, May 6, 2016

“Colorado Springs to Pay $103K to Settle ACLU's Debtors Prison Complaint,” Westword, May 5, 2016

“Colorado Springs Will Stop Jailing People Too Poor To Pay Court Fines,” NPR, May 5, 2016

“Colorado city to pay people jailed because they couldn't afford fines,” The Guardian, May 5, 2016

“ACLU: Too poor to pay a fine in Colorado Springs? Go to jail,” Colorado Independent, October 22, 2015

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