Subcommittee backs SB 776 to limit probation revocations for nonpayment of fines
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Summary
SB 776, reported unanimously with amendments, would prevent failure to pay fines and costs from automatically constituting a breach of probation unless a court finds willful refusal to pay; fines remain due and collection methods preserved.
A Senate subcommittee unanimously reported SB 776 with amendments to limit when failure to pay fines and costs may be treated as a breach of probation.
Senator Mokai, the bill’s sponsor, described the amendment clarifying that 'relief' referenced in the bill is not monetary relief and explained that, absent a specific finding to the contrary, courts must dismiss alleged probation breaches based solely on nonpayment of fines and costs. The amendment preserves fines and costs as due and available for collection and leaves in place existing payment and collection mechanisms.
Supporters testified in favor: Scott Payton (director of government affairs, Prison Fellowship) described the measure as preserving judicial discretion and avoiding incarceration for conduct driven by economic hardship; a representative of the Humanization Project and a Reform Alliance speaker also supported the bill. Senator Mokai said the measure protects individuals from reincarceration for inability to pay while preserving restitution and the court’s ability to collect outstanding fines.
The committee moved to report SB 776 as amended; the clerk opened the roll and reported the bill as amended unanimously, 10–0.