When this country was founded an individual could be sent to prison if a debt was owed and could not be paid. And there the debtor would stay until the amount owed was worked off, or a friend or family member could come up with the money.
It was a holdover from merry old England, which in those days wasn't always so merry.
The federal government outlawed debtors' prisons in 1833, but that didn't end the practice in the various states. It wasn't until after the Civil War that the practice disappeared.
Mostly.
Today, though, many argue states are running the equivalent of debtors' prisons to collect fines owed for minor infractions such as speeding, running a stop sign or public intoxication.
Texas is an example. According to a study by the Atlantic magazine, last year 95 percent of outstanding arrest warrants were the result of unpaid fines. Nearly 650,000 people were locked up statewide for failure to pay fines on minor offenses that typically carry no jail time.
But that's going to change.
The Texas Legislature passed a new law in June that requires judges to offer community service alternatives to low-income defendants convicted of offenses where the maximum punishment is a fine. The law goes into effect Sept. 1.
The judge will determine if the defendant's income is sufficient to pay the fine and any associated fees. If not, all or part of the debt can be discharged through community service.
This is sound legislation.
It does not exclude those who have the resources but choose not to pay, and it gives those without the means a way to satisfy the court and avoid the late fees and penalties that can greatly run up the original fine. Not everyone supports the new law and the main reason seems to be the idea it will cut into needed government revenue. All we can say is the justice system is not supposed to be a profit center for the state or cities. If it is, then justice isn't the goal.
We salute the Legislature on this.
