Getting arrested and going to jail can be an incredibly stressful and traumatic experience. On top of dealing with the criminal charges and potential penalties, many people are surprised to find out that inmates are often expected to pay for basic necessities like food, medical care, and even room and board while incarcerated. These jail fees and costs quickly add up, and failing to pay them can have serious consequences that continue even after release.
Common Jail Fees and Expenses
Different states and counties charge different fees to people who are in jail, but here are some of the most common ones:
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Room and Board Fees: Most jails charge a daily room and board fee, which covers food, housing, and other basic services. This fee is usually between $10 and $60 per day. For people who are going to be in jail for a long time, these housing payments can add up to thousands of dollars.
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Medical Visit Fees Inmates are charged, sometimes $10 or more for doctor visits and medical treatment received while incarcerated even for serious health conditions.
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Medication Costs: Inmates may be billed for the costs of any prescription medications they are provided by the jail.
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Booking Fees A booking or intake fee of $20-$100 may be charged when first admitted to jail to cover administrative processing costs
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Phone Call Fees: Most jails charge between 1¢ and 10¢ per minute for all calls that inmates make to lawyers and family.
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Commissary Purchases: Food, hygiene items, writing supplies etc. bought at the jail commissary are added to an inmate’s account.
For those who cannot afford these fees, debts to the jail can accumulate rapidly, sometimes reaching thousands of dollars for longer stays. Unlike other forms of debt, criminal justice debt like jail bills cannot be discharged through bankruptcy.
Consequences for Not Paying Jail Bills
Inmates are expected to pay off any outstanding balances prior to release from jail. But what happens if a person leaves jail still owing large sums of money for their incarceration fees and expenses? Unfortunately, failing to pay jail debts can have severe repercussions, such as:
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Arrest Warrants and Re-incarceration: Unpaid jail bills are treated like criminal fines owed to the court system. If debts are not paid after release, a warrant can be issued for your arrest for nonpayment and you may be jailed again.
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Sentencing to Work Programs: Some jurisdictions allow inmates to be sentenced to work programs and community service to work off unpaid jail debts after their release. Refusing these work orders is punishable by more jail time.
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Withheld Tax Refunds: State and federal tax refunds may be seized to help pay back outstanding jail bills and court fines.
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Loss of Government Benefits: Welfare benefits, disability payments, and other government benefits can be garnished or denied until jail debts are resolved.
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Bad Credit and Civil Judgments: Unpaid jail bills are reported to credit agencies and the jail can obtain a civil judgment to garnish wages or put liens on property.
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Loss of Driver’s License: In some states, driver’s licenses can be suspended over unpaid criminal justice debts until they are paid off.
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Extended Probation: Time spent on probation may be significantly extended until all jail bills and court fines are paid off completely.
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Barriers to Expunging Record: Most states only allow criminal records to be expunged after all court-ordered debts are paid off. Unpaid jail bills can prevent expunging a record.
For those unable to afford repayment, these harsh enforcement measures can lead to a cycle of reincarceration and mounting debts that becomes nearly impossible to escape.
Options for Managing Jail Bills
For people facing large jail bills they cannot afford to pay, what options exist? Here are some steps that may help:
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Request a Jail Bill Reduction: Most jails have procedures to request debt reductions for indigent inmates. Provide documentation of income/assets and expenses to prove inability to pay.
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Payment Plans: Ask to set up an affordable payment plan, stretching payments out over time. Get any payment agreements in writing.
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Community Service: Volunteer for community service programs that substitute work hours for debt repayment.
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Borrow from Family/Friends: Borrowing money to pay back criminal justice debts, if possible, can prevent much more severe consequences.
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Use Tax Refunds: Let the jail intercept state/federal tax refunds and stimulus payments to pay down balances.
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Credit Counseling: Nonprofit credit counseling agencies may be able to assist with managing and negotiating criminal justice debts.
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Public Defenders: Public defenders can sometimes assist clients with requesting jail bill reductions or waivers after case disposition.
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Civil Legal Aid: In some areas, civil legal aid offices may be able to provide help disputing excessive jail fees and medical costs.
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File Bankruptcy: As a last resort, filing Chapter 7 bankruptcy may discharge remaining unpaid jail debt, though results vary.
Being saddled with thousands in jail bills after release places enormous stress on individuals trying to restart their lives and reintegrate into society. Unpaid jail debts shouldn’t condemn someone to a lifetime of warrant threats and harassment. Continuing to raise awareness around the hardships imposed by criminal justice debt represents an important step on the road to a more equitable system.
Credit card debt is the first to go during bankruptcy
Credit card companies take on a large amount of risk when they lend money to consumers. That’s one reason why they charge high interest rates. Because of this, credit card debt — which is unsecured debt — is the least respected category of debt in bankruptcy proceedings. What this means is that if you file for bankruptcy, the bankruptcy court will usually wipe out your credit card debt first.
Also, after filing for bankruptcy, you will receive protection from an “automatic stay.” This means that the credit card company or debt collection agencies will have to halt all wage garnishment actions and quit harassing you with phone calls, etc., to try to collect the debt.
What happens if you don’t pay your credit card bills?
Although debtor’s prisons don’t exist in our country anymore, credit card companies—and the debt collection agencies to which they sell your debt—can file lawsuits to collect the money that you owe them.
If the plaintiffs win a judgment against you in court, they can even garnish your wages. If that occurs, your employer will be required by law to deduct a percentage of your wages, which will be redirected to your creditor in order to pay off your debt. In some cases, creditors can get court orders to freeze bank accounts and even seize property or other assets as compensation for your debt.