skip to content

Public Resources

Serving People from Arrest to Reintegration

Sentencing for Dollars: The Financial Consequences of a Criminal Conviction (Center for Community Alternatives)

  • Organization: Center for Community Alternatives
  • Document Type: Report
  • Date Created: Tuesday, February 20, 2007
  • Submitted: Tuesday, February 20, 2007
  • Attachment(s): PDF

The financial penalties imposed, directly or indirectly, as a result of a criminal conviction, are among the least considered or analyzed of the collateral consequences. Driven by a combination of philosophical purposes - punishment, reparation, cost recovery, revenue production and cost shifting - local governments, states and the federal government have come to impose a vast array of fines, fees, costs, penalties, surcharges, forfeitures, assessments, reimbursements and restitutions that are levied against people convicted of criminal offenses.

Currently, these financial penalties are created and imposed in a vacuum with each new fee viewed as a solitary cost. The cumulative impact of piling on each new financial penalty is ignored and the roadblocks to reintegration are often unrecognized. When viewed in isolation, these penalties may appear to be a good source of revenue and a way to shift costs from the "taxpayer" to the "offender." Financial sanctions may also give the appearance of being "tough on crime." However, these penalties look quite different when considered in their totality and in the context of their impact on the person convicted and his or her family.

Over the past decade we have become increasing aware of the challenges faced by people reentering the community from prison and the challenges faced by communities and families receiving formerly incarcerated people. We know that the numbers of people returning home are staggering and we also know that the challenges they face are daunting and include poverty, health and mental health problems, lack of education and employment experiences and collateral consequences that impede access to jobs and education. The hurdles to reintegration caused by the financial consequences of criminal convictions are among the least recognized but may have some of the most far reaching impacts as these debts become civil liabilities, and are entered onto credit records that are increasingly accessible to employers.

This paper looks at the current status of these penalties in New York State and provides examples of how these costs mount up for people who are unlikely to have the resources to pay these debts. In one example, we show how the various fines, fees and surcharges for a person convicted of a class E felony DWI can add up to more than $7,500. In another example, someone convicted of a drug offense can face more than $33,000 in surcharges, fees and child support upon their release from prison.
Login

Reentry NetPractice Areas

Pro Bono and legal aid attorney resources - Pro Bono Net
LawHelp.org/
Legal info for the public