A new report issued by the Juvenile Law Center details how poor and minority children face harsher penalties when they, or their families, cannot pay required court costs. The consequences of nonpayment are often way out of proportion to the harm caused, or the amount owed.
As a result, poor kids, who disproportionately are members of minority groups, enter the juvenile justice system earlier, more often, and stay in the system longer than more affluent children who have committed the same offense.
Many Different Costs Imposed
All states impose some form of costs or fines in juvenile cases. And it’s common to impose more than one. Kids, their parents, or both, may be charged “court costs” for the operation of the court system. If they get help from a public defender, the state may demand repayment, even if they have already established they are too poor to pay.
Diversion programs, such as classes in lieu of prosecution, are sometimes available only to those who can pay for them.
Many states also charge for each day of probation or supervision, and the cost of feeding, housing, and providing other services to people in detention. If a psychological evaluation or other testing is necessary, the youth, family, or both may have to pay for it as well.
All of these charges are in addition to any fines or restitution that might be imposed.
Interest And Penalties Compound The Problems
When kids or their families are required to pay costs, the failure to pay is often considered a violation of probation. Kids stay in detention or on probation longer when they owe costs. The state may charge interest or penalties for late payment.
Of course, when the family can’t pay to start with, piling up interest and penalties or delaying the release from detention just compounds the problems.
$200 Costs = 14 Months In Jail
A New York Times story illustrates the issue. A young man in Jacksonville, Florida agreed to 40 hours of community service, anger management counseling, and a year of detention.
He completed them all on time. But he stayed in juvenile jail another 14 months because his family could not come up with the $200 he owed for costs.
Expungement of his record was also part of the deal. But it won’t happen until he comes up with $125 for the privilege.
For more information, watch this informative video about how the system punishes kids because of their parents’ inability to pay:
https://youtu.be/N9e9hONBBDw
