Akridge v. Crow

In this amended petition for writ of habeas corpus, the petitioners challenge as unconstitutional their confinement pursuant to Administrative Order 7-12.0, an order adopted by the circuit court in Polk County, which establishes a collections court program for the collection of fines, fees, and costs in all criminal cases. The nine named petitioners received and completed county jail sentences on misdemeanor offenses; however, each had fines, fees, and costs that remained unpaid for more than 120 days after they were sentenced. All nine were indigent when they were sentenced by the trial court. They petitioned this court for a writ of habeas corpus after being arrested and jailed for failing to pay, and thereafter failing to appear before the collections court. For the reasons explained below, we concluded that their detention was unconstitutional and issued an order granting their petition with an opinion to follow.