*Incarceration fees in 48 states are placing a heavy financial load on families, particularly Black women, according to a new Campaign Zero report.
Per Axios, Black individuals make up 37% of jail and prison populations, and their loved ones, often women, bear the cost of “pay-to-stay” fees when incarcerated people cannot pay. These fees, including charges for room, board, and medical care, are automatically deducted from prison accounts, where most inmates earn less than $1 daily.
“In most cases, it drains the account completely,” said USC sociologist Brittany Friedman, who found states seize jointly held assets like college funds if an incarcerated person’s name is attached.
Advocates highlight the disproportionate impact on Black women, with 83% of those paying fines, fees, and bail being women, per the Fines and Fees Justice Center (FFJC). Black mothers, often sole providers, face wage drops of $75 annually post-conviction, compared to $26 for men.
“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,” Friedman told Axios.
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Originating in the 1970s and expanding after the 1980s federal budget cuts, pay-to-stay laws aimed to offset incarceration costs.
“They weren’t designed to promote safety or rehabilitation,” said Nick Shepack of FFJC. “They were designed to cut budgets — and they still are.” However, enforcement often costs more than collected, especially in states like Illinois.
When unpaid, these fees become debts that follow individuals post-release or fall to families, with debt collectors demanding repayment within 30 days in some states. Taxpayers may also cover costly legal pursuits that yield little return. Campaign Zero’s DeRay Mckesson noted that low prison wages ensure balances grow, burdening families further.
Some states are reversing these policies. Oklahoma eliminated many fees, Maryland waived $13 million in probation debts, and Nevada capped prison deductions. The forthcoming FFJC report, Imposing Instability, will contend that the majority of prison debts remain uncollected, as enforcement expenses surpass any financial recovery.
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