Bill > SB1089

This bill amends the Revised Judicature Act of 1961 to establish a standardized process for determining indigency, meaning a person's inability to pay court-ordered fines, costs, and assessments. It mandates that courts assess indigency using a three-pronged approach: checking if an individual receives public assistance, if their income falls below a very low-income threshold for their county, or if they demonstrate financial hardship through an individualized review considering factors like household size and medical expenses. The bill clarifies that for public assistance or low-income criteria, courts can rely on self-attestation or documentation, while for demonstrated hardship, self-attestation is generally sufficient unless the court has a documented reason to require proof. It also creates a presumption of indigency for individuals who are currently incarcerated and extends these indigency standards to the waiver of civil filing fees and court costs. Furthermore, the bill specifies that while restitution to victims must still be imposed, other fines and assessments may be waived or modified for indigent individuals, and it allows for the redetermination of indigency if a person's financial circumstances change after sentencing, with previously waived costs and fees being permanently waived.