Debtors' Prisons Make the Poor Poorer

Co-authored by Roopal Patel

The Wall Street Journal and the New York Times recently reported on a growing national trend in states and cities to raise and aggressively collect criminal justice fees. And as we've explained, the government often jails people who can't afford to pay these fees.

This trend is driven by struggling states' and cities' efforts to close their budget gaps. But incarcerating people for not paying fees that they can't afford isn't generating any government revenue -- it's just creating more government spending. For example, Rhode Island sent Ricardo Graham to prison for 40 days at a cost to the state of $4,000 because he couldn't pay $745.

When Ricardo Graham was found guilty of a crime, he wasn't just punished with a prison sentence. He also received additional forms of punishment -- including a host of fees and fines associated with his conviction (like court fees, jail stay fees and even public defender fees). He was expected to pay these fees upon his release from prison. At the same time, he was also given a public criminal record -- which makes it difficult or near impossible to find employment. Having a public criminal record also often bans people from public housing and public benefits, making it harder to get back on their feet, and strips them of the right to vote -- completely ostracizing them from society.

Even if folks are lucky enough to find a job despite the stigma of a criminal conviction, the wages they earn go toward paying off their old criminal justice debt instead of toward building a new life. Such policies just funnel people into a cycle of poverty. With this kind of policymaking trending, it's no surprise that the number of Americans near or below the poverty level has reached an all time high.

By making it almost impossible for people to rejoin society and restart their lives, these collateral consequences of convictions -- like fees and bans from public housing -- pretty much ensure that people will wind up back in prison. When someone has already served their time in prison, there is no public safety rational to continue punishing them.

There is also no economic rationale. Incarcerating more and more American workers during a global recession will not help the country get back on its feet. If we really want all people to contribute to our economy, we need to provide them with the necessary tools to do so. This involves creating and funding reentry, educational and job training and placement programs. Contrary to popular belief, these programs aren't a waste of money. They are smart investments in our country: research has conclusively proven that their benefits far outweigh their upstart costs and they help reduce recidivism, lower the crime rate, strengthen communities, and strengthen our economy. These alternate policy options are far smarter ways to improve our country and our communities.

Roopal Patel is Katz Fellow/Counsel and Inimai Chettiar is Director for the Justice Program at the Brennan Center for Justice at NYU School of Law. The Brennan Center's Justice Program focuses on improving our system of justice by ending unnecessary incarceration, securing full legal representation for the poor, and ensuring equal access to the courts while eradicating racial disparities.

This post is part of the HuffPost Shadow Conventions 2012, a series spotlighting three issues that are not being discussed at the national GOP and Democratic conventions: The Drug War, Poverty in America, and Money in Politics.

HuffPost Live will be taking a comprehensive look at the persistence of poverty in America August 29th and September 5th from 12-4 pm ET and 6-10 pm ET. Click here to check it out -- and join the conversation.

 

Follow Inimai Chettiar on Twitter: www.twitter.com/inimai

Comments

[cedw1528]

08:47 AM on 10/19/2012

The arguments over "debtor's prison" are never ending. I suspect the problem starts with the idea of getting people to spend money, whether or not they have the money to spend. This country is built on spending and the national debt from spending is astounding. While no one is talking about putting Greece in jail for not paying its debts, putting more people into unemployment and jail for rioting appears to be the price the EU is willing to pay to bail out investors. Seems we can't help ourselves but spend money and or time including jail time and choose financial ruin for the sake of spending.

[orion54]

08:32 PM on 09/08/2012

I agree...

[TT87]

08:53 AM on 09/07/2012

Just think if you don't break the law you won't have these problems. But I see no problem setting up a future repayment plans for legal/court costs. Something like a student loan.

[libgrrl]

08:30 AM on 09/10/2012

Hitting the pocketbook is meant to be a deterrent, not a revenue stream. Student loans create a condition than facilitates future employment, it's not something like a student loan, at all.

[Objection21]

06:01 AM on 09/07/2012

Thanks to the prison corporations helping to write & re-write the laws to make sure prisons are always at 90% capacity, they will just find more and more ways to incarcerate people. Surely there have to be some people out there without records...for now.

[edtastic]

07:54 PM on 09/06/2012

I had a friend go to jail for failure to pay a $340 bill. Even after the bill was paid the next day he still wasn't released until a month later. It definitely set him back and the poverty cycle argument is a really good one. The same applies to the 50,000 men sent to jail each year for failure to pay child support.

[adamstar75]

01:29 PM on 09/11/2012

50,000 men sent to jail each year for failure to pay child support

Simple really, pay for your kid like a responsible father.

[edtastic]

02:40 PM on 09/11/2012

What if you don't have the money? What about women who can't afford to pay for their child? We give them welfare support, food stamps, housing...

We should not put anyone in jail for lack of money because being in jail won't help you make money. That's simple.

[armanisaint33]

01:25 AM on 09/06/2012

I know. I'm involved in debtor's prison. Due to not paying a $250 traffic ticket. I asked the judge to take a partial payment of a $100. Judge put me on traffic probation for a year at $57per month for supervision fees, plus $34 per
month that goes towards paying
off the ticket. All togther $91 per month for 12 months for what started out as $250. It will be $981 when i pay it off. Don't pay I GO TO JAIL.
LEGAL EXTORTION! THE STRESS ITS HAS CAUSED ME N MY FAMILY IS DOWN RIGHT SICKENING. MY COUNTRY PREYS ON THE WEAK. USA. WHAT A CROC! Who in their right mind wants to be a citizen here...

[kp1975]

11:32 AM on 09/06/2012

Our country does prey on the weak and they have always loved penalizing the poor. I have told my kids time and again that the biggest sin they can commit and it is entirely out of their control is to be poor. If you are so poor it looks bad, they will help you out. If you are poor but it doesn't reflect poorly on them because you are poor (ie being underemployed, stuck in minimum wage, etc... aka working poor) they could care less. Neither party up for election gives 2 craps about the American poor. The municipalities and states all want to suck the life out of the poor to get every last dime they can. It is a vicious cycle and one that will bankrupt this country because where it was once poor, middle class, and upper class... it is now an Us and Them mentality... no middle class. You are either poor or rich. God help you if you are poor.

[armanisaint33]

10:59 PM on 09/06/2012

AMEN! I WAS ONCE CONSIDERED AS MIDDLE CLASS, COMPANY WENT OUT OF BUSINESS. now I work 3 jobs. Receptionist at a doc office. Target nights and weekends and when I can squeeze in a job at a temp agency. This treadmill is as you said. VICIOUS! !! and get this; today the apartment complex informed as starting next month it's a $3 charge to pay the rent. PREDATORS VICIOUS EVIL RELENTLESS PREDATORS!