2 days ago
Exclusive: Most states OK charging inmates for own incarceration
Almost all states allow jails and prisons to charge incarcerated people medical and "room and board" fees, locking them into cycles of debt and possibly more incarceration, an Axios review of new exclusive data found.
Why it matters: The debt wheel targets the majority of the estimated 1.8 million people in state prisons and local jails, putting up more obstacles to escaping the poverty that likely contributed to arrests in the first place.
The big picture: The fees raise hundreds of millions of dollars from victims' funds, DNA databases and other programs, but also help states expand efforts to incarcerate more people.
Unlike other taxpaying constituents, introducing or raising fees on incarcerated people is rarely met with resistance.
And some state lawmakers are unaware that the fees exist.
Zoom in: Data collected by the advocacy group Campaign Zero, reviewed by Axios, found that 48 states in the U.S. permit the imposition of at least one category of "pay-to-stay" fees on incarcerated individuals.
42 states and D.C. explicitly allow for room and board fees for incarcerated adults, according to a review of statute language that clearly outlined the imposition.
43 states explicitly allow for medical fees for incarcerated adults.
33 states and D.C. explicitly allow for room and board fees for incarcerated youths.
31 states and D.C. explicitly allow for medical fees for incarcerated youths
Zoom out: Only California and Illinois have repealed fees for all categories in state correctional facilities.
New Hampshire allows for the imposition of youth room and board fees only, but has repealed the other three categories of fees.
Campaign Zero examined state laws and departmental policies on pay-to-stay fees and interviewed formerly incarcerated people.
The group also filed open records requests to determine which pay-to-stay policies differed from how agencies and departments imposed, collected and enforced fees.
How it works: Pay-to-stay fees are imposed during incarceration and automatically taken from individuals' wages or prison accounts.
Because many incarcerated people can't fully pay fees while in prison, the costs often pile up as debt they're still expected to repay after their release, Campaign Zero executive director DeRay Mckesson told Axios.
Mckesson said incarcerated people also are often charged medical co-pays, from $4 to $15, for routine visits that add up since many get paid around $.50 an hour while in prison.
The intrigue: The study did not break down how the fees affected people of color in prisons and jails, but Mckesson said they are disproportionately hurt since they are overrepresented in the criminal justice system.
What they're saying: "I call it taxing criminal defendants. It's a way for governments to raise revenue without facing any political consequences," New Mexico State Sen. Antonio "Moe" Maestas, a Democrat and a criminal justice reform advocate, told Axios.
Maestas said the fees have nothing to do with public safety.
Maestas added that he was unaware of the remaining fees in New Mexico and had previously sponsored legislation to eliminate many of them. "I'll be working on this."
Yes, but: Some of the fees charged to incarcerated people involve restitution for victims and the funding of other programs.
However, some of the fees for restitution for victims are charged to many incarcerated people who've committed "victimless" crimes like drug possession.
Dylan Hayre, who leads advocacy at the nonprofit Fines and Fees Justice Center, which works to eliminate fees in the criminal justice system, said the charges are "financial exploitation disguised as justice."
"You've taken people at their most vulnerable and handed them a bill they can't pay. That debt destabilizes lives and entire communities," he said.
What we're watching: Campaign Zero is advocating for all states to eliminate the fees and will be visiting various states to present its case.
