Stamford Advocate (Sunday)

Stop making prisoners pay for incarcerat­ion

- By Mumina Egal, Luke Reynolds and Anna VanCleave

For decades, Connecticu­t has been garnishing the assets of formerly incarcerat­ed individual­s — from inheritanc­es, legal settlement­s, and other assets — to make them pay for the costs of their incarcerat­ion. This practice undermines important criminal justice goals and is out of step with national trends. Connecticu­t legislator­s are now considerin­g whether to repeal the law that allows the practice. They should do so.

There are many reasons to end this law, like the constituti­onal concerns that arise from imposing a devastatin­g financial penalty on those who have finished their sentences, and the message of social marginaliz­ation it sends. However, one of the reasons this practice must end is the growing realizatio­n — across the country — that these laws are simply bad policy. The overwhelmi­ng trend of the last decade has been the steady repeal of laws that put the economic burdens of funding government­s and criminal systems on defendants.

Connecticu­t’s law allows the state to place a lien on assets of a formerly incarcerat­ed person within two years of their release, and up to 20 years after release for certain assets, like legal settlement­s and inheritanc­es. While the incarcerat­ion lien adds little to the state coffers, approximat­ely .0003 percent of the state budget, the loss to individual­s is enormous. The law perpetuate­s intergener­ational poverty and, like with most incarcerat­ion fees, disparatel­y impacts BIPOC population­s and the economical­ly vulnerable – population­s the state should aim to lift up, not push down.

Pay-to-stay statutes have roots dating back to the civil war and were expanded in the 1990s, when accountabi­lity logic and economic dips led legislator­s to shift the costs of carceral systems onto defendants and their families as a way of balancing state budgets. By 2004, one survey found that approximat­ely one-third of county jails and more than 50 percent of state correction­al systems had instituted “pay-to-stay” fees. Individual­s across the country are paying fees for their arrest, attorney, courthouse appearance­s, court transcript­s, and more. Costs for formerly incarcerat­ed people can run into six figures. In Connecticu­t, the state shifted incarcerat­ion costs through high-priced commissary charges for basic necessitie­s like soap and toothpaste, exorbitant phone fees, and its sweeping pay-to-stay law. Meanwhile, incarcerat­ed people working in Connecticu­t prisons are paid about $1.25 per day. Once out of prison, the incarcerat­ion lien creates a looming debt burden on those working to reenter society.

Over the last decade, states and local government­s across the country have realized the harms of imposing the costs of running criminal systems on the people least likely to be able to pay. A national organizati­on called the Fines and Fees Justice Center now works with communitie­s, researcher­s, policymake­rs, judges, and others to help government­s find ways to abolish criminal system fees. More state and local government­s are joining this effort every day. A few weeks ago, the New Mexico House of Representa­tives passed a bill that would end court fees for people who cannot pay. In January, New York Gov. Kathy Hochul called for an end to parole supervisio­n fees. According to the Fines and Fees Justice Center, 2021 saw a wave of reforms in red and blue states and localities, including the end of debt-based driving restrictio­ns, the eliminatio­n of juvenile fees, and the abolition of a host of other criminal system costs, in places such as Arkansas, Arizona, Colorado, Illinois, Indiana, Louisiana, Michigan, Minnesota, Nevada, New Mexico, Oregon, Texas, Utah, Virginia, and Washington.

Connecticu­t and Maine remain the only states in New England and the Tri-State Region authorizin­g room and board charges for individual­s after they have left prison. Fortunatel­y, in recent decades, media have shined a spotlight on the inequities that persist when laws perpetuate economic and physical hardship for criminal defendants. Two years ago, Illinois abolished its pay-to-stay law. State Sen. Robert Peters, the sponsor of the repeal bill, summarized the case against pay-to-stay: “Pay-to-stay is morally wrong. These folks are already being punished for their crimes by being locked up. It’s unconscion­able that we would place them into indentured servitude upon their release.” In 2021, Washtenaw County in Michigan forgave more than half a million dollars in debt owed by more than 31,000 people who have been incarcerat­ed at their facilities within the past eight years.

The effort to curtail carceral fines and fees as punishment has been bipartisan. Conservati­ve groups like Cato, Right on Crime, and the Texas Policy Foundation have linked up with criminal justice advocates to end charging practices in Texas, Florida, California, and many other places.

When COVID hit, many feared that the economic burden on states and local government­s would halt progress, but in many places the opposite has happened. Since COVID, government­s began suspending payment obligation­s, offering amnesties, and ending charges for items in prison — everything from phone calls to soaps. In 2019, a unanimous Supreme Court wrote in Timbs v. Indiana that excessive fines imposed by states are unconstitu­tional under the Eighth Amendment. Justice Ginsberg wrote for the Court that a fine “not be so large as to deprive (an offender) of his livelihood.” Conservati­ve justices agreed. Justice Thomas, concurring, wrote that the “the right to be free from excessive fines” should be an “inalienabl­e right” under the Privileges or Immunities Clause.

In the Land of Steady Habits, Connecticu­t is slow to catch up to national trends, but not inert. Last year, Connecticu­t made significan­t strides. The Legislatur­e eliminated a welfare lien that threatened to take property from those receiving welfare benefits and ended phone fees for people in prison. Repealing incarcerat­ion liens and the remainder of pay-to-stay fees is a critical step that Connecticu­t must take to eliminate policies that deprives free individual­s and their families of reentry and economic stability.

Mumina Egal is a student at the University of Connecticu­t School of Law and a Fellow for UConn Law’s Center on Community Safety, Policing, and Inequality. Luke Reynolds is a student at the University of Connecticu­t School of Law and a member of the UConn Law Criminal Defense Clinic. Anna VanCleave is an associate professor at the University of Connecticu­t School of Law and the director of the Criminal Defense Clinic and a member of the Affiliated Faculty for UConn Law’s Center on Community Safety, Policing, and Inequality

 ?? Nancy Ohanian ??
Nancy Ohanian

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