. >> i'm judge ed spillane. >> reporter: but city judge ed spillane had her released immediately. why did you release her? >> i released her so she can work on community service. >> reporter: every week spillane releases defendants who are not a danger to society and cannot pay the fine. >> it's completely illegal. you cannot be put in jail due to your economic status or economic inability to pay a fine. >> reporter: the justice department agrees. it court in the country, discouraging the practice by calling it "unlawful." a brennan center study found at least 15 states have user fees which are explicitly intended to raise revenue. how much money are some of these states making from these fees? >> the state of texas makes $1 billion a year. >> brennan: $1 billion a year? >> >> in fees. >> reporter: the state says it's simply following supreme court directives. aren't you advocating a slap on the wrist? >> absolutely not. >> you're crying again. >> reporter: this woman got a break. >> yes, sir. i just need to get back on my feet. >> reporter: but across the country others like her