Inmates Charged for Prison Costs: State-by-State Breakdown
States Still Charge Incarcerated Individuals for Basic Costs of Confinement
Table of Contents
Campaign zero study reveals widespread “pay-to-stay” fees, disproportionately impacting vulnerable populations.
A new study by Campaign Zero has shed light on the persistent practice of “pay-to-stay” fees, where incarcerated individuals are charged for the costs associated wiht their confinement. These fees, which can include room and board, medical co-pays, and other expenses, are automatically deducted from prisoners’ wages or accounts, frequently enough leading to accumulating debt that follows them after release.
The Scope of “Pay-to-Stay” Fees
Campaign Zero’s examination of state laws and departmental policies, coupled with interviews with formerly incarcerated individuals and open records requests, found that many states continue to impose these charges. The study highlights that only California and Illinois have repealed fees for all categories within their state correctional facilities.New Hampshire has eliminated most fees, allowing only for youth room and board charges.
How the Fees Work
“Pay-to-stay” fees are levied during incarceration and are typically taken directly from an individual’s earnings or prison accounts. DeRay Mckesson, executive director of Campaign Zero, explained to Axios that because many incarcerated people earn minimal wages-often around 50 cents an hour-they are unable to pay these fees in full while imprisoned.This results in the costs piling up as debt,which they are still expected to repay upon release. Mckesson also noted that medical co-pays, ranging from $4 to $15 for routine visits, further exacerbate these financial burdens.
The Impact and controversy
While the study did not specifically break down the impact of these fees on people of color, Mckesson stated that they are disproportionately affected due to their overrepresentation in the criminal justice system.
New Mexico State Sen. Antonio “Moe” Maestas, a Democrat and criminal justice reform advocate, described the practice as “taxing criminal defendants,” suggesting it’s a method for governments to generate revenue without facing public backlash.he emphasized that these fees have no connection to public safety and expressed his intent to address the remaining fees in New Mexico, having previously sponsored legislation to eliminate many of them.
Arguments for and Against Fees
Proponents of these fees argue that they contribute to victim restitution and fund other essential programs.Though, critics point out that restitution fees are frequently enough charged even to individuals convicted of “victimless” crimes, such as drug possession.
Dylan Hayre,who leads advocacy at the Fines and Fees Justice Center,a nonprofit dedicated to eliminating fees in the criminal justice system,called the charges “financial exploitation disguised as justice.” He stated, “You’ve taken people at their most vulnerable and handed them a bill they can’t pay. That debt destabilizes lives and entire communities.”
Future Advocacy
Campaign Zero is actively advocating for the complete elimination of these fees across all states and plans to engage with various states to present their findings and recommendations.
As inflation keeps rising,more small-time thefts count as felonies
Chicago program bets on virtual reality to break the cycle of incarceration