Bill > HB133

This bill amends Delaware's legal code to provide courts with greater discretion in waiving fines and fees for defendants who demonstrate financial hardship. The legislation creates a comprehensive "hardship waiver" process that allows defendants to submit evidence of their inability to pay monetary penalties at sentencing or after sentencing. The bill establishes a presumptive waiver for individuals receiving certain public assistance benefits (such as Medicaid, SNAP, veterans benefits, and others) or who have been represented by the Office of Defense Services. Courts must now advise defendants about the hardship waiver option, and if a presumptive waiver applies, they can only impose fines or fees if they explicitly find it in the interest of justice. The bill also allows defendants to apply for a hardship waiver even after sentencing and gives courts broad discretion to modify, suspend, or waive mandatory fines and fees. Additionally, the legislation requires annual reporting on the number of hardship waivers granted and the total amount of monetary penalties waived. This reform aims to address potential constitutional concerns about punishing individuals for poverty and to create a more equitable approach to court-related monetary obligations, drawing from recommendations of the Criminal Legal System Imposed Debt Study Group.