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Results for criminal fines

20 results found

Author: Bradshaw, Paul

Title: Summary Justice Reform: Evaluation of the Reforms to Fine Enforcement: Final Report

Summary: This report presents the findings of a formative evaluation of the new system that introduced changes to the processes for collecting and enforcing financial penalties in Scotland introduced under Summary Justice Reform (SJR). The overall aim of SJR is the establishment of a summary justice system which is: fair to the accused, victims and witnesses; effective in deterring and punishing offenders; efficient in the use of time and resources; and quick and simple in delivery. The policy objectives of the fines enforcement (FE) reforms were to: improve the collection and enforcement of fines by increasing the methods of payment and extending enforcement actions; reduce police and judicial involvement in fines recovery; reduce rates of imprisonment for fine default; and ensure, through an effective enforcement system, that fines are viewed as credible and suitable disposals. The FE reforms, introduced in March 2008, saw responsibility for the enforcement of financial penalities for criminal offences in Scotland transfer to the Scottish Court Service (SCS), the creation of a new post dedicated to the recovery of unpaid fines – the Fines Enforcement Officer (FEO) – and the provision of enforcement powers to the FEO. At the same time, restrictions were made to the availability of imprisonment as a sanction for fine default. The position of FEO, and its functions and powers, are defined by s55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. FEOs have a range of actions, powers and tools at their disposal, the majority of which are made available through the attachment to the fine of an Enforcement Order (EO). The EO allows the FEO to change the payment terms of a fine, arrest a defaulter’s bank account, arrange for fine payments to be deducted directly from employment earnings, or seizure of a vehicle belonging to the defaulter. FEOs can also make a request to a Justice of the Peace (JP)/Sheriff to arrange to have fine payments deducted from the defaulter’s benefits. They may also refer the case to court. Although formative in nature one key fines enforcement outcome has emerged from the research, that since the introduction of FEOs, defaulters are now actively and consistently pursued. With respect to findings concerning processes (the key aim of formative evaluation) the research demonstrates the complexity of the implementation stages of the reformed fines enforcement processes and identifies the key barriers to effective enforcement in the new regime. The barriers include a significant increase in the volume of fines following the introduction of police Direct Measures (DMs), large numbers of unpaid fines carried forward from the previous system, and a staged unification process which impacted on volumes. However, even as these factors begin to recede there are further barriers that will need to be addressed if the rates of fine collection are to rise significantly. These include the lack provision of accurate information on defaulters in general and the lack of a process for the police to provide relevant information in particular, the circumstances and nature of defaulters 2 who are often either unable or unwilling to pay and ultimately the lack of a final sanction for non-payment.

Details: Edinburgh: Scottish Government Social Research, 2011. 97p.

Source: Internet Resource: Accessed January 13, 2012 at: http://www.scotland.gov.uk/Resource/Doc/363926/0123607.pdf

Year: 2011

Country: United Kingdom

URL: http://www.scotland.gov.uk/Resource/Doc/363926/0123607.pdf

Shelf Number: 123612

Keywords:
Criminal Fines
Financial Penalties

Author: Evans, Douglas N.

Title: The Debt Penalty: Exposing the Financial Barriers to Offender Reintegration

Summary: Financial debt associated with legal system involvement is a pressing issue that affects the criminal justice system, offenders, and taxpayers. Mere contact with the criminal justice system often results in fees and fines that increase with progression through the system. Criminal justice fines and fees punish offenders and are designed to generate revenue for legal systems that are operating on limited budgets. However, fines and fees often fail to accomplish this second goal because many offenders are too poor to pay them. To compound their financial struggles, offenders may be subject to other financial obligations, such as child support payments and restitution requirements. If they do not pay their financial obligations, they may be subject to late fees and interest requirements, all of which accumulate into massive debt over time. Even if they want to pay, offenders have limited prospects for meaningful employment and face wage disparities resulting from their criminal history, which makes it even more difficult to pay off their debt. An inability to pay off financial debt increases the possibility that offenders will commit new offenses and return to the criminal justice system. Some courts re-incarcerate offenders simply because they are unable to settle their financial obligations. Imposing financial obligations and monetary penalties on offenders - a group that is overwhelmingly indigent - is not tenable. States often expend more resources attempting to recoup outstanding debt from offenders than they are able to collect from those who pay. This report explores the causes and effects of perpetual criminal debt and offers solutions for encouraging ex-offender payment.

Details: New York: John Jay College of Criminal Justice, 2014. 28p.

Source: Internet Resource: Accessed October 9, 2014 at: http://jjrec.files.wordpress.com/2014/08/debtpenalty.pdf

Year: 2014

Country: United States

URL: http://jjrec.files.wordpress.com/2014/08/debtpenalty.pdf

Shelf Number: 133631

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Offender Finances
Prisoner Reentry (U.S.)

Author: Nagrecha, Mitali

Title: When All Else Fails, Fining the Family. First Person Accounts of Criminal Justice Debt

Summary: The types of financial obligations owed to the state have proliferated, and the penalties for debt have been increasingly criminalized with harsh sanctions. In that sense, our interviews confirmed what other advocacy groups and individual scholars have recently found: There has been a surge in criminal justice debt and increasing state punitiveness meted out to those who fail to pay. Many incarcerated and formerly incarcerated individuals have been swept into what we have come to call a debt-enforcement regime. Punishment is everywhere and criminal justice debt can confine individuals to a liminal space where prison is never a thing of the past. Debt is paid not only by those convicted of crimes, but also by their families (or friends) who are the last stop before re-incarceration. Families and friends provide important assistance in staunching the debt that relatives or friends face when returning from prison, knowing that such debt can trigger punitive consequences, including reincarceration. Our interviews demonstrate that post-prison debt fulfillment is often family subsidized, as returning individuals struggle with criminal justice debt and other challenges of reentry. Even assuming that it is the returning prisoner who has "done the crime," it is often up to his or her friends and family members to help pay the time. This is the main finding of this study. Public policy aimed at collecting debt must ultimately be more closely tailored to the ability of an individual - not that of his or her family or network of friends - to pay what may be due. While families have an important role to play in the successful reintegration of their family member, they should not have to bear the burden of debt repayment as a means to avert the re-incarceration of their loved one. This is particularly important as the financial condition of families of formerly incarcerated people is often precarious even without their shouldering financial penalties.

Details: Syracuse, NY: Center for Community Alternatives, 2015. 44p.

Source: Internet Resource: accessed February 7, 2015 at: http://www.communityalternatives.org/pdf/Criminal-Justice-Debt.pdf

Year: 2015

Country: United States

URL: http://www.communityalternatives.org/pdf/Criminal-Justice-Debt.pdf

Shelf Number: 134561

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt (U.S.)
Financial Sanctions
Offender Finances
Prisoner Reentry

Author: American Civil Liberties Union of Louisiana

Title: Louisiana's Debtors Prisons: An Appeal to Justice

Summary: We tend to think of "debtors prisons" as a Dickensian practice, one that may have thrived in less civilized centuries but has long been consigned to the dustbin of history. We are comfortable believing that locking people up because they can't pay their debts doesn't happen in the modern world, and certainly not in America. The truth is the opposite: debtors prison practices are very real and present, both across the country, and here in Louisiana. In January 2014, Orleans Parish grandmother Dianne Jones was sentenced to time served (ten days), an almost $800 fine, and six months probation for first-time possession of marijuana. Although unemployed and the primary caregiver for her three young grandchildren, Jones paid monthly installments of more than $100 over several months, until she was unexpectedly forced to move. The expenses associated with the unplanned move caused her to fall behind in her court payments, leaving her owing a balance of $148. Because she did not complete her installment payments in the six months allotted by the court, her probation period was extended and a warrant with a $20,000 bond was issued for her arrest. At risk of being jailed, and leaving her grandchildren without care, Jones only found relief when a community group rallied to take up a collection on her behalf. With the money raised, Jones was able to pay her remaining fines and court costs, and the warrant was lifted. Jones' case is not unlike one from 1983, involving a man named Danny Bearden. It began when Bearden was sentenced to three years probation and ordered to pay $750 in fines and restitution for burglary and receiving stolen property. Bearden's family initially paid part of his fine, but illiterate and unemployed, he was unable to keep up his payments. In June 1981, he was sentenced to serve the remainder of his probation term in prison because he hadn't paid the $550 he still owed. He languished in prison for two years, and appealed his sentence all the way to the U.S. Supreme Court in 1983. The Supreme Court held that, under the Due Process Clause of the Fourteenth Amendment, an individual may face incarceration for failure to pay fines only if that failure was willful or the individual failed to make bona fide efforts to pay. Sentencing courts must inquire into the reasons that a defendant fails to pay a fine or restitution before imposing a prison sentence; to imprison someone merely because of their poverty would be fundamentally unfair. In short, Bearden v. Georgia established that it is illegal to imprison someone who cannot pay a fine simply because the person is poor. More than a decade before the Bearden case, in 1972, the U.S. 5th Circuit Court of Appeals, which includes Louisiana, ruled in Frazier v. Jordan that courts may not impose "pay or stay" sentences-sentences which require a defendant to pay a fine at the time of sentencing or serve a jail term. Between Bearden and Frazier, the illegality of both these practices-imposing a jail sentence for failing to pay a court-ordered fine, and imposing sentences that present a choice between a fine and jail time-is long established. Yet despite clear and longstanding law, courts across Louisiana continue to disregard the protections and principles established by the Supreme Court and by the 5th Circuit in Bearden and Frazier. Louisiana courts routinely incarcerate people simply because they are too poor to pay fines and fees-costs often stemming from very minor, nonviolent offenses. Others are given the impossible choice between a fine they can't afford and a stay in jail. In this report, the ACLU of Louisiana details the experiences of people who were incarcerated because they were unable to pay relatively small fines. That these practices have continued to flourish for decades after being outlawed demonstrates not only a disregard for the law, but also for the people of Louisiana. Debtors prisons are supposed to be a thing of the past. It's time to make that true. KEY FINDINGS The ACLU of Louisiana ("ACLU") investigated the imposition and collection of fines, fees and court costs or other legal financial obligations (LFOs) in twelve parishes and two cities from across Louisiana. We also examined instances of "pay or stay" sentences. These practices are examined together because their impact on individuals is the same. We sought records of jail bookings during the 45-day period from January 1-February 15, 2014, as well as specific bookings for contempt or failure to pay fines, fees, or costs. In some cases, we also requested city court records when necessary to clarify parish jail booking records. We screened records for individuals booked on contempt or other charges for failure to pay fines and fees, as well as for individuals sentenced to "pay or stay sentences." ACLU staff visited courtrooms to observe the practice of jailing people for inability to pay in parishes across Louisiana. The ACLU interviewed court officials and advocates as well as people who were subject to debtors prison practices in Bossier, Orleans, Caddo, St. Martin, and Evangeline parishes. Several themes emerged in our analysis:

Details: New Orleans, LA: American Civil Liberties Union of Louisiana, 2015. 23p.

Source: Internet Resource: Accessed September 18, 2015 at: https://www.laaclu.org/resources/LADebtorsPrisons_2015.pdf

Year: 2015

Country: United States

URL: https://www.laaclu.org/resources/LADebtorsPrisons_2015.pdf

Shelf Number: 136824

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions

Author: American Civil Liberties Union of New Hampshire

Title: Debtors' Prisons in New Hampshire

Summary: In a practice startlingly akin to the debtors' prisons of the 19th and early 20th centuries, Circuit Court judges in New Hampshire commonly jail those who have no ability to pay fines without a meaningful hearing and without providing access to counsel. This practice imposed on our most vulnerable citizens is unconstitutional, financially unsound, and cruel. In an alarming number of cases where indigent defendants appear in court to address an unpaid fine, judges do not inform these defendants of their rights. Judges do not afford them a lawyer. Judges do not even determine whether they can pay the fine. Judges simply put them in jail. This practice is systemic. A year-long investigation conducted by the American Civil Liberties Union of New Hampshire ("ACLU-NH"), in conjunction with University of New Hampshire School of Law Professor and ACLU-NH Board Chair Albert E. Scherr, has revealed that the problem is not limited to a rogue judge or court, but is occurring throughout the state. This practice is also illegal. The United States Constitution, New Hampshire Constitution, New Hampshire law, and New Hampshire's own Circuit Court rules all prohibit this modern-day version of a debtors' prison. The law clearly states that, before an individual can be incarcerated for failure to pay a fine or fee, the court must (i) meaningfully inquire into the reasons for the failure to pay and (ii) determine that the individual is willfully refusing to pay despite having sufficient resources. The law prohibits courts from jailing individuals who simply cannot afford to pay. The Federal and State Constitutions further require representation by counsel if the judge is considering incarceration for failing to pay a fine or fee in a criminal case. In criminal cases, the State already has representation in the form of a prosecutor. Yet, according to our data, in 2013 New Hampshire judges jailed people who were unable to pay fines and without conducting a meaningful ability-to-pay hearing in an estimated 148 cases. In all of these cases, defendants were sent to jail without representation by counsel. And in three cases handled by the ACLU-NH in 2014, two Superior Court Judges and the New Hampshire Supreme Court granted relief to three individuals - Alejandra Corro, Richard Vaughan, and Dennis Suprenant - who were (or were going to be) jailed by Circuit Courts in violation of these constitutional principles. These cases, which are described in the "Personal Stories" section below, show that debtors' prison practices can counter-productively lead to termination of an individual's new employment, impede ongoing efforts of that individual to gain employment, and prevent struggling parents from caring for their infant children.

Details: Concord, NH: ACLU of New Hampshire, 2015. 21p.

Source: Internet Resource: Accessed October 8, 2015 at: http://aclu-nh.org/wp-content/uploads/2015/09/Final-ACLU-Debtors-Prisons-Report-9.23.15.pdf

Year: 2015

Country: United States

URL: http://aclu-nh.org/wp-content/uploads/2015/09/Final-ACLU-Debtors-Prisons-Report-9.23.15.pdf

Shelf Number: 136975

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Indigent Defendants

Author: American Civil Liberties Union of Ohio

Title: In Jail & In Debt: Ohio's Pay-to-Stay Fees

Summary: The ACLU of Ohio is the first to collect and analyze pay-to-stay policies statewide with the report In Jail & In Debt: Ohio's Pay-to-Stay Fees. Pay-to-stay jail fees are the fees charged by local jails to people while they are incarcerated. This report takes a comprehensive look at jails across the state, compares policies, documents impact, and proposes new recommendations to stop locking people in cycles of incarceration and debt. Our statewide investigation analyzes policies at 75 facilities representing 74 counties across Ohio. More than half of jails, 40 of the 75, charge people for their incarceration through a booking fee, a daily fee, or both. Ohioans are getting billed up to $66.09 a day to be in jail. It is a follow up to the 2013 report Adding It Up: The Financial Realities of Ohio's Pay-To-Stay Policies, which explored the financial impacts of pay-to-stay policies in Ohio. This report analyzed how local governments were trying to generate revenue from people in jail, but pay-to-stay fees created more problems than they solved. We suggested counties follow the law and assess for indigence, eliminate costly collections agency contracts, and consider the impact on families.

Details: Cleveland, OH: ACLU of Ohio, 2015. 24p.

Source: Internet Resource: Accessed November 24, 2015 at: http://www.acluohio.org/wp-content/uploads/2015/11/InJailInDebt.pdf

Year: 2015

Country: United States

URL: http://www.acluohio.org/wp-content/uploads/2015/11/InJailInDebt.pdf

Shelf Number: 137326

Keywords:
Costs of Corrections
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Jail Fees
Jail Inmates

Author: Cook, Foster

Title: The Burden of Criminal Justice Debt in Alabama: 2014 Participant Self-Report Survey

Summary: Across the country the criminal justice system has increasingly looked to defendants to finance the courts and court related programs. In Alabama, the legislature has reduced funding for courts and court related services. To offset this loss, court costs and associated fees have risen. The purpose of this study was to evaluate the success of this approach and the impact of these policies in Alabama. With the general knowledge that increased court costs have not produced projected revenue, we sought to understand why by surveying defendants across the state. We thank the Community Corrections Directors in the counties represented, the staff that administered the surveys and the Alabama Department of Probation and Parole. Three goals of this study: 1. Explore the "ability to pay" question 2. Understand the dynamics of the collection process 3. Understand the consequences criminal justice debt has to: - Defendants under court supervision - The purposes of the justice system - The public - Recidivism - Persons in the criminal justice system living in poverty Methods of this study: 1. This study was initially designed as an anonymous survey for Jefferson County/TASC, and Probation and Parole 2. Other Alabama counties expressed interest and participated in the study 3. Those populations have been combined in the following outcomes: a. 13 counties b. 943 participants under supervision for a felony were surveyed 4. Primarily Quantitative: descriptive statistics 5. Secondarily Qualitative: comments recorded from the participants

Details: Birmingham, Alabama: TASC Jefferson County's Community Corrections Program, University of Alabama, 2015. 27p.

Source: Internet Resource: Accessed February 8, 2016 at: http://www.uab.edu/medicine/substanceabuse/images/The_Burden_of_Criminal_Justice_Debt_in_Alabama-_Part_1_Main_Report.pdf

Year: 2015

Country: United States

URL: http://www.uab.edu/medicine/substanceabuse/images/The_Burden_of_Criminal_Justice_Debt_in_Alabama-_Part_1_Main_Report.pdf

Shelf Number: 137794

Keywords:
Criminal Debt (U.S.)
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Offender Finances
Prisoner Reentry

Author: American Civil Liberties Union of Ohio

Title: Adding It Up: The Financial Realities of Ohio's Pay-to-Stay Jail Policies

Summary: Criminal justice experts estimate that nearly 80% of people in jail are low-income. Many more leave jail unemployed, and are driven further into debt by steep legal fines and costs they cannot hope to pay, since their families have likely spent any savings they had on bills while they were incarcerated. Families are destroyed by a criminal justice system that metes out jail time for minor infractions and then loads on fees for the prison stay. Pay-to-stay fees are often the burden of families because jails collect the fees through commissaries, where families deposit money to pay for phone calls, stamps, pencils, paper, and other items. Jails already gauge families on the cost of these items, and pay-to-stay fees place another hurdle to families keeping in contact with their loved one by phone or letter. Studies show contact with family members is one of the strongest influences in keeping people out of jail in the future. Counties are charging these fees because of state funding cuts and growing jail populations, but balancing our budget woes on the backs of low-income people is not only bad policy, it just does not work. The only way to help our jails is to send fewer people there and invest in programs that keep people out of jail.

Details: Cleveland: ACLU of Ohio, 2013. 16p.

Source: Internet Resource: Accessed May 5, 2016 at: http://www.acluohio.org/wp-content/uploads/2013/06/AddingItUp2013_06.pdf

Year: 2013

Country: United States

URL: http://www.acluohio.org/wp-content/uploads/2013/06/AddingItUp2013_06.pdf

Shelf Number: 138946

Keywords:
Criminal Fines
Jails
Prisoner Fees

Author: U.S. Government Accountability Office

Title: Financial Institutions: Fines, Penalties, and Forfeitures for Violations of Financial Crimes and Sanctions Requirements

Summary: Over the last few years, billions of dollars have been collected in fines, penalties, and forfeitures assessed against financial institutions for violations of requirements related to financial crimes. These requirements are significant tools that help the federal government detect and disrupt money laundering, terrorist financing, bribery, corruption, and violations of U.S. sanctions programs. GAO was asked to review the collection and use of these fines, penalties , and forfeitures assessed against financial institutions for violations of these requirements - specifically, BSA/AML, FCPA, and U.S. sanctions programs requirements . T his report describes (1) the amounts collected by the federal government for these violations , and (2) the process for collecting these funds and the purposes for which they are used. GAO analyzed agency data, reviewed documentation on agency collection processes and on authorized uses of the funds in which collections are deposited, and reviewed relevant laws. GAO also interviewed officials from Treasury (including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control ), Securities and Exchange Commission, Department of Justice, and the federal banking regulators. GAO is not making r ecommendations in this report

Details: Washington, DC: GAO, 2016. 42p.

Source: Internet Resource: GAO-16-297: Accessed August 2, 2016 at: http://www.gao.gov/assets/680/675987.pdf

Year: 2016

Country: United States

URL: http://www.gao.gov/assets/680/675987.pdf

Shelf Number: 139943

Keywords:
Criminal Fines
Economic Crimes
Financial Crime
Money Laundering

Author: Feierman, Jessica

Title: Debtors' Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System

Summary: Juvenile Law Center analyzed state laws in all 50 states and the District of Columbia that provide for the imposition of juvenile court costs, fines, fees, or restitution on youth or their families. Juvenile Law Center also surveyed professionals in each state familiar with how those fees were being imposed. A concurrent research study was also conducted to measure the connection between costs, recidivism and racial disparities in the juvenile justice system. "Every day, we hear elected officials talking about racial injustice, mass incarceration, and the need for criminal justice reform. This report identifies one key strategy to address those problems: eliminating or reducing the financial costs of juvenile court involvement on youth and their families," said Jessica Feierman, Associate Director at Juvenile Law Center and report author. "Racial disparities pervade our juvenile justice system. Our research suggests that we can reduce those disparities through legislative action aimed at costs, fines, fees, and restitution." Approximately one million youth appear in juvenile courts each year. In every state, youth and families can be required to pay juvenile court costs, fees, fines, or restitution. The costs for court related services, including probation, a "free appointed attorney," mental health evaluations, the costs of incarceration, treatment, or restitution payments, can push poor children deeper into the system and families deeper into debt. Youth who can't afford to pay for their freedom often face serious consequences, including incarceration, extended probation, or denial of treatment - they are unfairly penalized for being poor. Many families either go into debt trying to pay these costs or forego basic necessities like groceries to keep up with payments. Research by criminologists Alex Piquero and Wesley Jennings examined the connection between court-ordered financial obligations and recidivism. "Two key findings emerged from our study," said Alex R. Piquero, Ashbel Smith Professor of Criminology at The University of Texas at Dallas. "First, imposing financial penalties on juvenile offenders has the opposite of its intended effect, increasing recidivism instead of deterring it. Second, we found a direct link between court-ordered financial obligations and increased racial disparity, since minority youth were more likely to still owe costs and restitution after their cases were closed. Their inability to pay often leads to additional charges, extended probation, or additional punishments, taking them deeper into the justice system." Through the generous support of the Laura and John Arnold Foundation, Debtors' Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System, and the associated study investigating the impact of costs on recidivism, provide a much-needed roadmap for policymakers nationwide who care about fairness in our justice system.

Details: Philadelphia: Juvenile Law Center, 2016. 40p.

Source: Internet Resource: Accessed September 2, 2016 at: http://debtorsprison.jlc.org/documents/JLC-Debtors-Prison.pdf

Year: 2016

Country: United States

URL: http://debtorsprison.jlc.org/documents/JLC-Debtors-Prison.pdf

Shelf Number: 140114

Keywords:
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Juvenile Offenders

Author: Harvard Law School. Criminal Justice Policy Program

Title: Confronting Criminal Justice Debt: A Guide for Policy Reform

Summary: This report is part of Confronting Criminal Justice Debt: A Comprehensive Project for Reform, a collaborative project by Criminal Justice Policy Program (CJPP) at Harvard Law School and the National Consumer Law Center (NCLC). This project includes three parts designed to assist attorneys and advocates working on reform of criminal justice debt:  Confronting Criminal Justice Debt: The Urgent Need for Comprehensive Reform (CJPP and NCLC),  Confronting Criminal Justice Debt: A Guide for Litigation (NCLC), and  Confronting Criminal Justice Debt: A Guide for Policy Reform (CJPP).

Details: Cambridge, MA: Criminal Justice Policy program, 2016. 62p.

Source: Internet Resource: Accessed September 26, 2016 at: http://cjpp.law.harvard.edu/assets/Confronting-Crim-Justice-Debt-Guide-to-Policy-Reform-FINAL.pdf

Year: 2016

Country: United States

URL: http://cjpp.law.harvard.edu/assets/Confronting-Crim-Justice-Debt-Guide-to-Policy-Reform-FINAL.pdf

Shelf Number: 140454

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt (U.S.)
Financial Sanctions
Offender Finances

Author: American Civil Liberties Union of Texas

Title: No Exit, Texas: Modern-Day Debtors' Prisons and the Poverty Trap

Summary: A traffic ticket should sting. The fine should be enough to make you think twice before doing something like speeding again. But a traffic ticket shouldn’t derail your life—cost your job, make it impossible to pay your bills and feed your family, or deprive you of your freedom. Yet in Texas, for people too poor to write a check and move on with their lives, a simple traffic ticket leads to a cascade of unconstitutional and devastating consequences. For people who can’t afford their traffic tickets, Texas’s criminal justice system is like a maze with dead ends at every turn. Unreasonable fees pile up and stop people from paying off their debt. Judges require payment for a hearing about inability to pay. Courts are incentivized to issue warrants for failure to pay. And many people who can’t afford their fines are unconstitutionally jailed for what are legally defined as “non-jailable” offenses. The result is a two-tiered system of justice, in which the well-off get what amounts to a slap on the wrist, and the impoverished are stuck in a system where the only exit is debtors’ prison. This report discusses enforcement of Class C Misdemeanor fines and fees in Texas’s hundreds of Municipal and Justice of the Peace Courts. Practices vary, but our study of these local courts has uncovered a pattern of local courts criminalizing poverty, and perpetuating racial injustice, through unconstitutional enforcement of low-level offenses. It’s time for policymakers at every level of government to improve the fairness of sentencing for all Texans and put an end to these debtors’ prisons.

Details: Houston: ACLU of Texas, 2016. 20p.

Source: Internet Resource: Accessed November 21, 2016 at: https://www.aclutx.org/sites/default/files/field_documents/debtorsprisonfinal_0.pdf

Year: 2016

Country: United States

URL: https://www.aclutx.org/sites/default/files/field_documents/debtorsprisonfinal_0.pdf

Shelf Number: 140219

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Indigent Defendants
Poverty

Author: American Civil Liberties Union of Nebraska

Title: Unequal Justice: Bail and modern day debtors' prisons in Nebraska

Summary: Over 30 years ago in Bearden v. Georgia, the United States Supreme Court issued a seminal ruling that to imprison someone because of their poverty and inability to pay a fine or restitution would be fundamentally unfair and violate the Equal Protection Clause of the Fourteenth Amendment. Yet today, courts across the United States and Nebraska routinely imprison people because of their inability to pay. This practice has been termed a "modern-day debtors' prison." This practice happens at various points in the criminal justice system. First, it can happen to people who are awaiting trial. Individuals are forced to sit in jail while their case proceeds because a bail amount has been set beyond their ability to pay while those with financial resources regain their freedom to go to work, school and be with their families while awaiting trial. Second, some people who have been adjudicated and found guilty end up in jail even though they were not sentenced to jail time because they are unable to pay a fine and are imprisoned instead to “"it it out." The end result of these systems: a maze with dead-ends at every turn for low-income people. In this report, the ACLU of Nebraska presents the results of its investigation into Nebraska's modern-day "debtors' prisons" and bail practices. The report shows how, day after day, low-income Nebraskans are imprisoned because they lack the ability to pay bail or pay fines and fees. These practices are illegal, create hardships for those who already struggle, and are not a wise use of public resources. Debtors' prisons result in an often fruitless effort to extract payments from people who may be experiencing homelessness, are unemployed, or lack the ability to pay. The ACLU of Nebraska investigated the imposition of bail as well as the imposition of court fees and fines. Our survey focused on the four largest counties (Douglas, Lancaster, Sarpy and Hall), using open records requests, court record review, and interviews with people involved in the system with additional in-court observations in Douglas, Lancaster and Sarpy Counties.

Details: Lincoln, NE: ACLU of Nebraska, 2016. 72p.

Source: Internet Resource: Accessed December 21, 2016 at: https://www.aclunebraska.org/sites/default/files/field_documents/unequal_justice_2016_12_13.pdf

Year: 2016

Country: United States

URL: https://www.aclunebraska.org/sites/default/files/field_documents/unequal_justice_2016_12_13.pdf

Shelf Number: 147324

Keywords:
Bail
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Poverty

Author: Henrichson, Christian

Title: The Costs and Consequences of Bail, Fines and Fees in New Orleans

Summary: The justice system in New Orleans, like most others, is partly supported by "user-funded revenue," meaning the money it collects from individuals charged with a crime. This practice has long been common in the United States, but an emerging body of research has begun to uncover the perverse incentives it creates for justice agencies and the depth of its impact on individuals. This report is an in-depth study of the costs and consequences of user-funded revenues in New Orleans, a city where the effects of this practice are likely to be particularly acute because of a poverty rate that is nearly twice the national average and a jail incarceration rate that is among the highest in the nation. Although there are steep challenges in New Orleans, there are also factors that bode well for reform. The jail population, while still nearly twice the national average, has been declining and is now the lowest it's been in decades. Furthermore, there are a number of new jail population reduction efforts— under the leadership of the mayor and city council—and a federal consent decree has led to an increased focus on improving conditions inside the jail. Data is often a prerequisite for reform. So to uncover the costs and consequences of the user-funded justice system in New Orleans, Vera researchers examined agency financial reports and justice-agency administrative records to measure (1) annual justice system expenses and user-pay revenue (namely financial bail and conviction fines and fees), (2) how much justice agencies and bond agents benefit from these revenues, (3) the financial impact of bail for defendants, (4) the financial impact of conviction fines and fees for defendants, and (5) the consequences of a user-funded system, including the human cost of jail and the disparate impact on black communities. Through analysis of 2015 financial reports and administrative court records, Vera found that: • Law enforcement, judicial, and corrections agency expenses totaled $265 million. • User-funded revenues totaled $11.5 million and comprised bond fees ($1.7 million), conviction fines and fees ($2.8 million), traffic court fines and fees ($5 million), and “other” sources that include asset seizures and drug testing fees ($1.9 million). • User-funded costs paid to commercial bond agents totaled $4.7 million for non-refundable bond premiums. • User-funded revenues comprise a sizable share of the budget for four agencies: traffic court (99 percent), municipal court (18 percent), criminal district court (32 percent), and Orleans Public Defenders (41 percent). • The cost of posting a surety bond averaged—inclusive of bond fees—$2,408 in criminal district court and $451 in municipal court. • 1,275 individuals, in criminal district court, spent an average of 114 pretrial days in jail because they could not pay their bail; 1,153 individuals, in municipal court, spent an average of 29 pretrial days in jail because they could not pay their bail. • More than 8,000 people were assessed conviction fines and fees totaling $3.8 million. o In criminal district court, 2,156 individuals were assessed a total of $2.4 million in fines and fees; o In municipal court, 6,175 individuals were assessed a total of $1.4 million. • Conviction fines and fees per individual averaged $1,125 in criminal district court and $228 in municipal court. • In 2015, municipal court issued 3,014 warrants for failing to pay (or failing to appear for payment) and criminal district court issued 990 warrants. Over those 12 months, 536 people were arrested on such warrants, all but 88 of them stemming from municipal court cases. (This includes people who were sentenced well before 2015 but were arrested in that year.) • The transfer of wealth that results from bail, fines and fees falls disproportionately on black communities: $5.4 million of the $6.4 million (84 percent) for bail premiums and fees and $2.7 million of the $3.8 million (69 percent) for conviction fines and fees were assessed to black defendants. • Once assessed fines and fees, black defendants were issued an arrest warrant in relation to unpaid fines and fees at higher rates than white defendants for both misdemeanor cases (43 percent versus 29 percent) and felony cases (18 percent versus 14 percent). Vera’s surveys and interviews with individuals previously involved in the New Orleans criminal justice system reveal that many relied on a number of people—including partners, parents, and children— to raise the money to pay the costs associated with justice system contact. And many still have trouble paying all their costs. This suggests that, for most respondents, raising the money for bail, fines and fees was a hardship that they either could not overcome, or one for which they had to rely on the resources of their community to meet. The total range of potential criminal justice costs goes far beyond those Vera analyzed through administrative records. So it is little surprise that more than half of survey respondents reported they and their family spent over $4,500 on costs associated with their most recent court case – including bail, fines, fees, transportation to court, attorney fees, and money put into their jail commissary account, among other expenses. The majority of people we surveyed reported that these costs had a major or moderate negative impact on their family's financial stability. Interviews with court-involved individuals and justice system stakeholders underscored the financially detrimental impact of user-funded costs on families, the stress of ongoing financial obligations to the justice system, the role of these criminal justice costs in exacerbating justice involvement, and the ways in which these costs damage perceptions of fairness and trust. The greatest cost, however, may be the human cost of jail (such as the risk of harm in jail and the deprivation of liberty) for those unable to bail, fines and fees, which Vera estimates to be substantially greater than the cost of jail to taxpayers.

Details: New York: Vera Institute of Justice, 2017. 61p.

Source: Internet Resource: Accessed January 25, 2017 at: https://storage.googleapis.com/vera-web-assets/downloads/Publications/past-due-costs-consequences-charging-for-justice-new-orleans/legacy_downloads/past-due-costs-consequences-charging-for-justice-new-orleans-technical-report.pdf

Year: 2017

Country: United States

URL: https://storage.googleapis.com/vera-web-assets/downloads/Publications/past-due-costs-consequences-charging-for-justice-new-orleans/legacy_downloads/past-due-costs-consequences-charging-for-justice-new-orleans-technical-report

Shelf Number: 140663

Keywords:
Bail
Costs of Criminal Justice
Criminal Fines
Criminal Justice Debt
Criminal Justice Systems
Financial Sanctions
Jails

Author: Laisne, Mathilde

Title: Past Due: Examining the Costs and Consequences of Charging for Justice in New Orleans

Summary: Every year, government agencies in New Orleans collect millions of dollars in the form of bail, fines and fees from people involved in the criminal justice system and, by extension, from their families. Millions more are transferred from the pockets and bank accounts of residents to for-profit bail bond agents. These costs have become the subject of considerable public attention. Some view them as a necessary way to offset the expense of operating the criminal justice system. But because many "users" of the system have very low incomes or none at all, there is growing concern that charging for justice amounts to a criminalization of poverty, especially when people who can't pay become further entangled in the justice system. Take bail, for example: In theory, bail aims to ensure that people charged with crimes actually face justice in court, and high bail is intended to keep potentially dangerous defendants behind bars while their cases are pending. But here in New Orleans, as in many systems across the country, bail amounts are not calibrated to reflect a person’s ability to pay. As a result, poor families scrape together bail from money that they need to live on. And those who can't raise the money sit in jail not because they’re a risk of flight or a danger to the public, but simply because they can’t pay. Similarly, a host of fees for the use of the courts and other justice system resources, along with fines imposed as part of a person’s sentence if convicted, are levied in amounts that many poor and low-income people can't easily afford or afford at all. As part of a study to better understand the cost and consequences of bail, fines and fees for individuals in New Orleans, researchers at Vera interviewed people who have faced these costs. Two of their stories are illustrative. When Veronica was arrested and detained, her mother risked losing her house to raise the $2,500 to purchase a bail bond and pay associated government fees. It’s money she’ll never get back, but it was the only way to get her daughter out of jail after she had already spent 10 days behind bars. Keith, who is 61, still struggles to pay off thousands of dollars in court costs and restitution as a result of writing a bad check in 2014. He is making monthly payments that at times have deprived his family of basic necessities, including running water, and have strained his marriage almost to the breaking point.

Details: New York: Vera Institute of Justice, 2017. 36p.

Source: Internet Resource: Accessed January 25, 2017 at: https://storage.googleapis.com/vera-web-assets/downloads/Publications/past-due-costs-consequences-charging-for-justice-new-orleans/legacy_downloads/past-due-costs-consequences-charging-for-justice-new-orleans.pdf

Year: 2017

Country: United States

URL: https://storage.googleapis.com/vera-web-assets/downloads/Publications/past-due-costs-consequences-charging-for-justice-new-orleans/legacy_downloads/past-due-costs-consequences-charging-for-justice-new-orleans.pdf

Shelf Number: 145425

Keywords:
Bail
Costs of Criminal Justice
Criminal Fines
Criminal Justice Debt
Criminal Justice Systems
Financial Sanctions

Author: Texas Appleseed

Title: Pay or Stay: The High Cost of Jailing Texans for Fines and Fees

Summary: For low-income Texans, a ticket for a minor offense like speeding, jaywalking, or having a broken headlight can lead to devastating consequences for the individual, as well as that person's family and community. If someone is unable to pay a ticket right away, the cost compounds over time, often resulting in more tickets, fines and fees. Failing to pay or to appear in court can lead to an arrest warrant and jail time. Current practices often result in the suspension of, and inability to renew, driver's licenses, as well as the inability to register vehicles. They also result in millions of arrest warrants being issued annually. When people are picked up on a warrant for failure to pay tickets, fines and fees, they are often booked into jail and made to pay off their debt with jail credit, usually at a rate of $50 to $100 a day. These practices are widespread - over 230,000 Texans are unable to renew expired licenses until their fines and fees are paid off, and about 1 in 8 fine-only misdemeanor cases are paid off in whole or in part with jail credit. Low-income Texans are being set up to fail by the way fines and fees are handled, and they are often driven deeper into poverty. Suspending a person's driver's license makes it illegal to drive to work; issuing an arrest warrant can make it nearly impossible for to find employment; and sending that person to jail can lead to the loss of a job and housing. The public's safety is harmed when low-risk people languish in jail. This system hurts Texas families and drains our public resources at great expense to taxpayers. In many cases, the current system also violates state and federal law. The United States Supreme Court has held that incarcerating somebody because of unpaid fines or fees without a hearing to determine if they are actually able to pay the fines and fees violates the Equal Protection and Due Process clauses of the 14th Amendment. Texas state statute also makes clear that a person cannot be jailed for unpaid fines when the nonpayment was due to indigence.

Details: Austin, TX: Texas Appleseed, 2017. 48p.

Source: Internet Resource: Accessed April 22, 2017 at: https://www.texasappleseed.org/sites/default/files/PayorStay_Report_final_Feb2017.pdf

Year: 2017

Country: United States

URL: https://www.texasappleseed.org/sites/default/files/PayorStay_Report_final_Feb2017.pdf

Shelf Number: 145165

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Poverty

Author: Western Australia, Office of the Inspector of Custodial Services

Title: Fine defaulters in the Western Australian prison system

Summary: The imprisonment of fine defaulters in Western Australian prisons has been a contentious issue for some time. Debates have centred around the number of defaulters in prison, their impact on an already-crowded prison system, the cost of short terms of imprisonment for fine default, and whether the state is too quick to imprison fine defaulters rather than using alternatives. Very different views have been put as to the extent of the problem and the potential solutions, and the matter has generated political division. Some of the issues involved in fine default are beyond our jurisdiction as they involve the powers and practices of the courts, the police, and the fine enforcement sections of the Department of the Attorney General. At times during this review, some people in some government departments complained that we were going beyond our jurisdiction in undertaking this work. That is clearly not so: I am legislatively mandated to provide independent oversight of matters that impact on prisons. These necessarily extend to matters such as the number of fine defaulters; their profile (including their offending, and demographics); their impact on the prison population and the operation of prisons; the costs of their incarceration; and their welfare and treatment in prison. I have a legislative responsibility to report independently to Parliament on such issues if I believe this to be necessary or appropriate. The report focuses primarily on the period from July 2006 to June 2015. The most important single finding is that while the number of people received into prison each year for fine default has increased markedly, there are few people in prison for fine default at any given time. This is because fine defaulters tend to serve very short periods in custody: their 'turnover' is high but their stay is short. The policy implications of this are clear. First, reducing the number of fine defaulters in prison will not lead to a significant reduction in either total prisoner numbers or the extent of overcrowding in the prisons. As we and the Auditor General reported in 2015, the main 'target' for anyone seeking to reduce the prison population should be the alarming rise in the number of people held on pre-trial remand (Office of the Auditor General [OAG] 2015; Office of the Inspector of Custodial Services [OICS] 2015a). At the time of writing, the remand population comprises over 29 per cent of the total prison population, up from 16 per cent a decade ago On the other hand, however, having people 'churning' in and out of custody for short periods for fine default is financially costly (several million dollars each year), socially undesirable, and risky and disruptive for prisons. It is therefore incumbent on all agencies to ensure that everything possible is done to reduce this churn. Significantly, this report has also revealed demographic differences, with Aboriginal women being by far the most likely cohort to be in prison for fine default. The death of Ms Dhu in police custody lies outside our jurisdiction. However, the current coronial inquest into her death has added poignancy and urgency to our findings.

Details: Perth: Office of the Inspector of Custodial Services, 2016. 34p.

Source: Internet Resource: Accessed September 7, 2017 at: http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/3914182a267c7268541194a448257fd20032c2e4/$file/4182.pdf

Year: 2016

Country: Australia

URL: http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/3914182a267c7268541194a448257fd20032c2e4/$file/4182.pdf

Shelf Number: 147159

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Fine Defaulters

Author: United States Commission on Civil Rights

Title: Targeted Fines and Fees against Low-Income People of Color: Civil Rights and Constitutional Implications

Summary: The report examines (1) the reality - and real harm - of cities imposing fines and fees on residents to raise city funds rather than to secure legal compliance and increase public safety and (2) the U.S. Department of Justice's enforcement efforts to encourage constitutional practices and hold jurisdictions accountable for constitutional violations stemming from the way these jurisdictions impose fines and fees. The Commission's findings are drawn from diverse perspectives across the political spectrum, shared at two public briefings with policy experts, federal officials, state judges and court administrators, and advocacy groups. To prepare the report, the Commission also received information from the Department of Justice (DOJ) and reviewed relevant literature and data. By majority vote, the Commission finds: Many jurisdictions now require courts to collect fees for civil and criminal activities - such as traffic violations - in addition to government programs unrelated to courts. In almost every state, juvenile courts impose court costs, fines, and fees on youth, their families, or both - even though research shows that imposing such fees is ineffective to actually generate revenue. Some cities target poor citizens and communities of color for fines and fees, using law enforcement as ticketing and collections agencies to increase municipal revenues, rather than to improve public safety and civil compliance. Targeting the poor and communities of color for fines and fees undermines public confidence in the judicial system. Best practices should break the connection between revenue from fines and fees and the budget needs of cities and courts. U.S. Department of Justice efforts begun in the Obama Administration to discourage these practices have increased access to justice and should continue in the Trump Administration. These conclusions draw on bipartisan consensus, reflected in public testimony to the Commission, as well as in research and data the Commission reviewed, that cities' practices of preying financially on their own residents and targeting low income persons and persons of color are at best unwise and all too often unlawful. Americans for Tax Reform President Grover Norquist crystalized the concerns of criminalizing poverty: "No one should have to fear being jailed for light speeding, having a tail light out, or not wearing a seatbelt. Not only is it wrong to potentially ruin someone's life over small infractions, but incarcerating an individual can often times cost the government more money as they waste resources on people who pose no threat to the community. The DOJ and the United States Commission on Civil Rights has a duty to encourage better practices in municipal courts to avoid abuse." Former Obama Justice Department official Chiraag Bains noted the agreement on this issue across the political spectrum, pointing out the common threads in advocating for court reform: "Unlawful and unfair practices involving excessive fines, the incarceration of the poor because of their inability to pay, and racially disparate enforcement violate core American values: liberty, fairness, equality." By majority vote, the Commission recommends: Courts and cities should use a common standard to evaluate an individual's ability to pay, presuming inability to pay for individuals who are homeless, incarcerated, confined to a mental health facilities, juveniles, or whose income is below the poverty level. DOJ should coordinate data collection and publicly share data and analysis of court fines and fees across the country. Such data collection should include the race, gender, and ability status of persons against whom fines and fees are assessed, to determine whether the assessment practices have a disparate impact on the basis of a protected status. States and cities should remove the potential for or existence of conflict of interest incentives to assess fines and fees by, for example, returning revenue from fines and fees to a general budget fund and discontinuing the use of for-profit collections agencies. DOJ should investigate additional jurisdictions related to this topic, and, where appropriate, issue reports to incentivize further, national, reform. Congress should enact legislation to give DOJ authority to investigate courts that impose fines and fees in an unconstitutional manner. Courts and cities should provide counsel to contest the imposition of a fine or fee and to determine indigency, as appropriate.

Details: Washington, DC: USCCR, 2017. 238p.

Source: Internet Resource: Accessed November 3, 2017 at: http://www.usccr.gov/pubs/Statutory_Enforcement_Report2017.pdf

Year: 2017

Country: United States

URL: http://www.usccr.gov/pubs/Statutory_Enforcement_Report2017.pdf

Shelf Number: 148017

Keywords:
Civil Rights
Court Fees
Criminal Fees
Criminal Fines
Racial Disparities

Author: Papalia, Paul

Title: Locking in Poverty How Western Australia drives the poor, women and Aboriginal people to prison

Summary: The current policy for managing Western Australians who cannot pay fines has cost taxpayers millions of dollars, strained the prison system and has disproportionately affected the poor, especially women and Aboriginal people. In Western Australia, fine defaulters may enter prison to clear a fine, if they have been unsuccessful in paying off the fine via a payment plan or completing a Community Service Order. The management of Community Service Orders was changed in early 2009, resulting in high rates of imprisonment of fine defaulters. The State Government assumes that the prospect of going to prison will deter people from breaking the law and incurring fines in the first place. If so, the number of fine defaulters entering the prison system should have diminished. Instead, this policy is driving an extra 1100 people to prison a year, with significant economic and social costs. This policy is not working. It is economically unsound, ineffective in enforcing fines payments and profoundly unfair. - Every year since 2010, more than 1,100 fine defaulters have entered prison in Western Australia solely for the purpose of clearing fines. - Fine defaulters in prison 'cut out' $250 of fines a day, yet it costs $345 per day to keep them in prison. - The costs of imprisoning fine defaulters have blown out by 220 per cent since 2008. - Last year, one in every three women who entered the prison system did so solely for the purposes of clearing fines. - The number of Aboriginal women jailed for fine default has soared by 576 per cent since 2008. - Between 2008 and 2013, the number of Aboriginal people incarcerated solely for fine default has increased from 101 to 590, a growth of more than 480 per cent. - Between 2008-9 and 2012-13, the Department of Corrective Services budget has blown out by an average of 8.6 per cent a year. If this trend continues, this year's budget of $870.25 million could blow out to $945.1 million.

Details: Secret Harbor, WA: WA Labor, 2014. 11p.

Source: Internet Resource: WA Labor Discussion Paper: Accessed November 14, 2017 at: https://www.markmcgowan.com.au/files/Locking_in_Poverty.pdf

Year: 2014

Country: Australia

URL: https://www.markmcgowan.com.au/files/Locking_in_Poverty.pdf

Shelf Number: 148163

Keywords:
Aboriginal Persons
Criminal Debt
Criminal Fines
Fine Defaulters
Fines
Indigenous Peoples
Poverty

Author: Eisen, Lauren-Brooke

Title: Charging Inmates Perpetuates Mass Incarceration

Summary: The American criminal justice system is replete with fees that attempt to shift costs from the government to those accused and convicted of breaking the law. Courts impose monetary sanctions on a "substantial majority of the millions of U.S. residents convicted of felony and misdemeanor crimes each year." Every aspect of the criminal justice process has become ripe for charging a fee. In fact, an estimated 10 million people owe more than $50 billion in debt resulting from their involvement in the criminal justice system. In the last few decades, additional fees have proliferated, such as charges for police transport, case filing, felony surcharges, electronic monitoring, drug testing, and sex offender registration. Unlike fines, whose purpose is to punish, and restitution, which is intended to compensate victims of crimes for their loss, user fees are intended to raise revenue. The Justice Department's March 2015 report on practices in Ferguson, Mo. highlights the over-reliance on court fines as a primary source of revenue for the jurisdiction. The New York Times noted that the report found that "internal emails show city officials pushing for more tickets and fines." Fees and debts are increasing partially because the criminal justice system has grown bigger. With 2.2 million people behind bars, courts - and all the relevant agencies - have expanded as well. Since the 1970s, incarceration in the U.S. has risen steeply, dwarfing the incarceration rate of any other nation on Earth. The U.S. added about 1.1 million incarcerated people, almost doubling the nation's incarcerated population, in the past 20 years. The fiscal costs of corrections are high - more than $80 billion annually - about equivalent to the budget of the federal Department of Education.6 A recent report by the Center on Budget and Policy Priorities finds that corrections is currently the third-largest category of spending in most states, behind education and health care. In fact, somewhat disconcertingly, 11 states spent more of their general funds on corrections than on higher education in 2013. Fees already on the books have increased. And, these fees are extending into state and local corrections. As a result of these runaway costs, counties and states continue to struggle with ways to increase revenue to pay for exorbitant incarceration bills. In 2010, the mean annual state corrections expenditure per inmate was $28,323, although a quarter of states spent $40,175 or more. Not surprisingly, departments of corrections and jails are increasingly authorized to charge inmates for the cost of their imprisonment. Although this policy is alarming, less widely understood but equally troubling is the reality that these incarceration fees perpetuate our nation's addiction to incarceration. This policy brief exposes how the widespread nature of charging fees to those who are incarcerated connects to the larger problem of mass incarceration in this country.

Details: New York: Brennan Center for Justice at New York University School of Law, 2015. 18p.

Source: Internet Resource: Accessed June 6, 2018 at: https://www.brennancenter.org/sites/default/files/blog/Charging_Inmates_Mass_Incarceration.pdf

Year: 2015

Country: United States

URL: https://www.brennancenter.org/sites/default/files/blog/Charging_Inmates_Mass_Incarceration.pdf

Shelf Number: 150496

Keywords:
Costs of Corrections
Court Fines and Fees
Criminal Fees
Criminal Fines
Criminal Justice Debt
Mass Incarceration