State’s Attorney Kim Foxx Announces Policy Aimed to Reduce Fee and Fine Burden for Disadvantaged Individuals Engaged in the Criminal Justice System

CHICAGO - State’s Attorney Kim Foxx announced today that the Cook County State’s Attorney’s Office (CCSAO) will no longer object to waiving court-ordered fines and fees when motioned by defense attorneys on behalf of defendants with little- or no income. This new policy is a move to interrupt the crime/incarceration cycle that many poor individuals face when they are unable to afford court costs and subject to penalties such as late fees, interest charges, and additional jail time.

“One of the tragedies of the criminal justice system is that a disproportionate amount of its financing is shouldered by people of color and those living in poverty,” said State’s Attorney Foxx. “Rather than end the cycles of racial disparities and criminalization, fees and fines perpetuate them.”

In addition to jail time, judges also assign fees and fines that defendants are required by law to pay during criminal hearings. These fines and fees cover justice system expenses and/or other initiatives, such as court administrative costs, probation services, and funding for crime prevention programs. In cases where the defendant has little to no financial resources, defense counsel will often motion the court to waive the fines and fees, a request that prosecutors can oppose. Under this new policy, Assistant State’s Attorneys will no longer object to waiving court fees for impoverished defendants.

“These financial burdens too often exacerbate poverty and reinforce racial disparities within the justice system,” said First Assistant State’s Attorney Risa Lanier. “This policy is a significant move forward by our office to reduce racial disparities and the criminalization of poverty.”

Effective immediately, this new policy is part of State’s Attorney Foxx’s unwavering commitment to promoting fairness and equity in the criminal justice system. Other recent CCSAO initiatives to reduce racial disparities and the criminalization of poverty include:

• Declining to prosecute low-level offenses that primarily affect individuals in poverty, such as driving with a suspended license or possessing small amounts of narcotics 
• Prioritizing alternatives to prosecution for nonviolent offenses often associated with poverty-related circumstances 
• Expunging over 15,000 cannabis convictions 
• Increasing the non-violent shoplifting felony threshold to $1,000 
• Advocating for and helping implement the abolition of cash bail 

The Cook County State’s Attorney’s Office (CCSAO) is the nation’s second-largest prosecutor’s office and is led by Cook County’s first Black woman State’s Attorney Kim Foxx. Foxx brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Cook County, no matter their race, income, or zip code. Foxx has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to intercept the cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow @SAKimFoxx on Instagram, Twitter, and Facebook and @CookCountySAO on Twitter and Facebook.