Kansas should serve as a role model for incremental policy reform | Commentary
A bipartisan coalition helped reform elements of our federal criminal justice system in 2018 through passage of the First Step Act. The long-term efficacy of this legislation remains to be seen, but the kickstart to reform was crucial for America to begin unwinding its culture of mass incarceration. It had to be done – our jails and prisons are bursting at the seams as our governments divert resources from other valuable programs yet still hemorrhage taxpayer money.
A year-and-a-half after the First Step Act became law, George Floyd’s death added a layer of complexity to our ongoing debates on criminal justice reform. The public debate has evolved from a targeted inquiry – What alternative exists to mass incarceration for the prevention of drug abuse and related crimes? – to the broader topic of transforming the justice system at all points, from street-level police investigation and arrest to the prosecution and sentencing phases.
We must continue taking a scalpel to these issues to dissect the valid points and use them as a catalyst for positive change, one step at a time. And Kansas should serve as a role model for incremental policy reform. Driver’s license suspension reforms are underway but need a push to the finish line.
The Legislature considered broader reforms this session designed to halt the endless debt cycle faced by drivers who have incurred fines for traffic violations and additional charges for the license suspensions which flow from unpaid fines. These drivers are stuck in debt traffic, unable to legally drive to work or transport their children to school or daycare. Faced with no other options, they drive anyway – leading to more fines and penalties as the cycle continues.
But halting or forgiving these outstanding bills is not desirable either: Our courts would lose 44% of their annual revenue if compounding fees were eliminated, and a fully funded judiciary is crucial. And to the extent that fines discourage drivers from violating traffic laws, the safety of our roadways is likewise implicated in these measures.
The Legislature ultimately compromised this session by passing Senate Bill 127, the most important provision of which allows a person assessed a fine or court costs for a traffic citation to petition the court to waive all or a portion of the costs. The court is given discretion to determine that payment of the costs would impose manifest hardship on the driver or his or her immediate family.
The Legislature should revisit this issue next cycle and enlist the business community in its efforts, as safe, productive drivers benefit our economy. As a probationary measure, drivers who maintain legally required insurance and maintain a safe driving record each year could be eligible for a premium refund assigned to cover unpaid prior fines until they are fully satisfied and the suspension is lifted.
The Legislature has the right idea by tackling this important issue one measure at a time, and bipartisan pressure will keep lawmakers focused on further reforms in 2022 and beyond.