U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Effects of Instituting Means-Based Fines in Criminal Court: The Staten Island Day-Fine Experiment, Final Report

NCJ Number
134378
Author(s)
L A Winterfield; S T Hillsman
Date Published
1991
Length
168 pages
Annotation
New York's Staten Island day fine pilot project demonstrated that the day fine concept can be implemented in typical U.S. courts, that day fines can substitute for fixed fines, that fine amounts increase for more affluent offenders under the day fine system, that overall court revenues increase, and that high rates of collection can be sustained despite higher day fine amounts.
Abstract
Day fines replaced two-thirds of fixed fines in penal law cases sentenced by judges during the pilot year. The remaining one-third of the fines were fixed fines imposed by non-Staten Island judges sitting temporarily in the court to cover for vacationing or sick colleagues. These judges had not been trained to use day fines and, therefore, used the traditional tariff system to set the fine amount. All judges trained to use day fines did so consistently throughout the pilot year without tying up their calendars. The mechanics of imposing a day fine were not too complex or time-consuming to be applied routinely in a fast-paced criminal court. The introduction of day fines did not meaningfully affect judges' sentencing decisions during the pilot year. Even when prior conviction record and arraignment charges were controlled, sentencing patterns were stable during the initial period in which day fines were introduced. The only small but noticeable change in sentencing patterns was an increase in jail sentences for some drug cases. The impact of day fines on fine amounts, collection and enforcement outcomes, and equity and sentence displacement is detailed. Information on the research design and supporting tabular data are appended. 57 references and 62 tables