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Answer: True (and regrettably so).
This has happened even though the United States Supreme Court ruled in Bearden v. Georgia that a person cannot be incarcerated for non-payment of a financial obligation unless he or she has the ability to pay but has willfully refused to do so. Before incarcerating someone for non-payment, a court must hold a hearing and consider the person's financial resources and his or her reasonable efforts to acquire additional money. If a person does not have the ability to pay, the court must consider alternatives to jail time. Unfortunately, some courts in Washington do not meaningfully consider ability to pay and use incarceration as a tool to seek to compel payment.
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Take the quiz again or send it to a friend:
https://aclu-wa.org/equal-justice-quiz-jailed-poverty.
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Question 5
True or False: Some courts in Washington jail individuals for not paying off their LFOs – even if they are too poor to do so.
