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Axios
2 days ago
- Axios
Prison debt is crushing Black women, advocates say
Nearly all states allowing jails and prisons to charge incarcerated people for room and board or medical care highlights a deeper problem: their families, especially Black women, are forced to cover the costs, according to a new report. Why it matters: Black people account for about 37% of the local jail and state prison population, according to Prison Policy Initiative, and the debt caused by the incarceration fees may be pushing women of color deeper into poverty. The big picture: When incarcerated individuals can't pay — and most can't — the debt is passed to a loved one or follows them after release. In some states, advocates say that debt collectors or probation officers send letters demanding full repayment within 30 days. And taxpayers can wind up footing the bill for costly legal pursuits that don't result in payments. By the numbers: Data collected by the advocacy group Campaign Zero, reviewed by Axios earlier this month, shows: As of December 2024, 48 states allow at least one "pay-to-stay" fee. 42 states and D.C. permit room and board charges for incarcerated adults. 43 states permit medical fees for incarcerated adults. Zoom in: Fees are automatically pulled from prison accounts or wages. But most incarcerated people earn less than $1/day, according to data from the Prison Policy Initiative, so balances grow — and carry into life after release. 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. Zoom out: Research compiled by the advocacy group Fines and Fees Justice Center (FFJC) shows that women — especially Black women — are disproportionately harmed by these policies. 83% of those paying fines, fees, and bail for incarcerated people are women, according to a national survey. Women's wages drop more post-conviction than men's — $75/year vs. $26. Black mothers are three times more likely than white mothers to be their family's sole provider. What they're saying: "We were the first to put this issue on the map — people were talking about mass incarceration, but no one was talking about families having their college funds and inheritances seized," said Brittany Friedman, a USC sociologist who leads the Captive Money Lab and was a consultant on the Campaign Zero project. Friedman said her team analyzed hundreds of civil lawsuits and found a "repeat pattern" of states seizing jointly held assets — including college savings and shared inheritances — if an incarcerated person's name was on the account. "In most cases, it drains the account completely," she said, noting the court will seize any account with the incarcerated person's name on it — even if it's a college fund or a shared inheritance. Context: Many pay-to-stay laws date back to the 1970s, as states such as Michigan and California sought to shift the costs of incarceration off public budgets. The trend grew in the 1980s, after federal funding cuts under President Reagan, as states began charging incarcerated people for court-appointed counsel, supervision, meals and phone calls. Instead of taxing the public, lawmakers began extracting money from the people being policed and prosecuted, in the form of fees for public defenders, probation supervision, phone calls, and even meals. "They weren't designed to promote safety or rehabilitation," said Nick Shepack, Nevada director for the FFJC. "They were designed to cut budgets — and they still are." Yes, but: Some states argue that these fees help cover the costs of victim restitution or public services. But many are imposed even in victimless cases like drug possession. Friedman said in Illinois, her team found the policy often cost more to enforce than it brought in — due to labor-intensive forensic accounting, lawsuits and appeals. The intrigue: Several states are moving to roll back these fees. Oklahoma recently passed a sweeping bill eliminating many fees. Maryland Gov. Wes Moore waived $13 million in unpaid probation fees earlier this year. Nevada capped the amount that prisons can garnish from family deposits and ended post-release collections of medical debt.


Axios
12-07-2025
- Politics
- Axios
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.