Out with “Fine Time,” in with Financial Waivers: Recent Developments in Massachusetts Probation Fines and Fees Policies

The criminal justice system routinely imposes financial sanctions on probation clients. These fines, fees, and restitution debts often amount to more than what many clients can reasonably afford to pay. Until recently, Massachusetts courts have incarcerated clients solely for their inability to pay these debts in a practice known as “fine time”. In 2018, the state passed a landmark criminal justice reform bill that restricted the types of cases in which fine time can be ordered. Clients that can establish that payment would lead to financial hardship can now petition the court for a financial waiver accompanied by community service. The current study seeks to explore the implications of the recent reform efforts on probation services by analyzing surveys gathered from a sample of 121 Massachusetts probation officers in 2020. Descriptive findings of officers’ attitudes toward fines and fees, responses to nonpayment by clients, and the use of financial waivers are presented. Officers’ perceptions and practices align with the recent reform efforts, suggesting support among probation personnel for policies that limit punitive responses to nonpayment of legal debts by their supervisees. Possible directions for future research and policy development are discussed.