Virginia’s history shapes disproportionate policing, fines for Black Virginians: report

RICHMOND, Va. (WRIC) -- A new report from the Commonwealth Institute released on Wednesday reveals how Virginia's history of racialized laws has deeply influenced fines, fees and policing that disproportionately hurt Black Virginians.

On Wednesday, Dec. 10, the Commonwealth Institute released a new report, "Honest History: How Fines and Fees Came to Harm Black Communities in Virginia," which details how the violence of early Virginia laws has since reappeared in various ways for multiple decades.

The report examines how policy choices in the late 20th century and the late 19th century mirrored one another, showing the progress for Black people and, as a result, increased incarceration following emancipation. This led to the use of fines and fees, which cause debt and affect economic security.

“Even as the language of the laws changed across centuries, the effects often remained the same: creating barriers to freedom, opportunity, and economic security for Black families and communities,” said Kami Blatt, who leads TCI’s work to reform policies that criminalize poverty and co-authored the report. “Recognizing that pattern helps us understand how to dismantle it — and how Virginia can build a system that is more fair and respects everyone’s dignity.”

Enslavement, reconstruction and backlash (1630-1900)

Virginia pioneered the legal framework of racialized slavery -- which all began in the 17th century and was designed to control, exploit and criminalize Black people, according to the report. Many issues that began during this period established patterns that persisted across generations.

During this century and into the early 18th century, early laws punished interracial relationships, created lifetime enslavement for Africans and denied freedom through Christianity.

The 1705 "Slave Code" expanded racist policies, inspiring similar laws nationwide. Enslaved individuals faced private violence from planters and public punishment through courts, and they were tried without juries for capital crimes.

Post-emancipation gains and setbacks

After emancipation, Black Virginians built churches, schools and political power, helped create free public education and reformed taxation as a whole, though white backlash and in turn, the 1902 Constitution, overturned these policies and reinstated much of the progress, reducing Black political participation significantly.

A 1871 ruling labeled incarcerated people “slaves of the state.”

Rise of fines and fees

During the late 20th century, many policy choices, including "broken windows policing" and punitive sentencing, ultimately pushed Black Virginians into the legal system.

Beginning in the late 1980s to the 2000s, courts used fines and fees for low-level offenses rather than incarceration. Policymakers believed this model was efficient, but data show it swept Black communities into the criminal legal system, per the report.

Many courts added late penalties and interest, turning many small fines into debt. Virginians were jailed for failure to pay. At its peak, courts reportedly assessed $700 million annually, and assessment totals are beginning to rise again, the report noted.

Lawmakers statewide increased "fixed fees" with regard to traffic offenses and misdemeanors. In 2002, the General Assembly increased the basic traffic fee from $28 to $42 and $28 to $57 for most misdemeanor cases, though drug-related misdemeanors were set even higher, increasing from $103 to $132 at that time.

This year, these fees are $51 for traffic cases, $61 for most misdemeanors and $136 for drug-related misdemeanors.

Until 2016, Virginia required felons to pay all outstanding court debt before their voting rights were restored, but the report notes that this created a modern poll tax.

This especially hurt Black Virginians, though they make up less than 20% of the voting-age population and nearly half of all disenfranchised individuals just last year.

Now, the state's rights-restoration process at least asks about fines and fees and proof of payment.

Traffic enforcement

While Black people make up 18% of the state's population, district and circuit courts in Virginia assessed 33% of traffic and criminal fines and fees against Black Virginians in 2024.

From 2020 to 2023, Virginia law enforcement data show:

• Black drivers comprised 30% of all stops (vs. 19% of the population)
• Latino drivers were searched at higher rates than white drivers
• 75% of agencies exhibited racial disparities in stops, searches, or arrests
• Virginia State Police failed 33 of 35 statistical disparity tests

What has changed?

Virginia has enacted several reforms:

• 2020: Driver’s license suspensions for unpaid court debt were eliminated, restoring privileges to over 600,000 people.
• 2021: Payment plan access was expanded, and grace periods on court debt interest were extended. New legislation required consideration of racial impacts for certain criminal legal proposals.
• 2025: Courts must offer affordable payment plans with clear itemized receipts, increasing transparency and accessibility for low-income Virginians.

While there is notable progress here, the report indicates that fines and fees still disproportionately harm Black communities and low-income residents.