Florida's Inmate Insurance Policy

Florida's pay-to-stay law charges inmates $50 for every day of their sentence, even if they are released early. This means that former inmates are often left with staggering debt, which can prevent them from moving on with their lives. This practice has been deemed unconstitutional by critics, who argue that it is an inefficient way for the government to raise revenue.

Florida's pay-to-stay law

Florida's "pay-to-stay" law has been described as "unconstitutional" and "cruel". The law charges inmates $50 for every day of their sentence, even if they are released early or did not occupy the cell. This means that the state can charge the next occupant of the bed, potentially allowing them to charge two, three, or four times for the same bed.

The law has been criticised for creating a barrier for former inmates to truly move on from their time in prison. It can prevent them from getting a job, housing, buying a car, or taking care of their family. In one case, a woman was slapped with a $127,000 bill for a 7-year prison sentence, despite only serving 10 months. This has left her trapped in debt, unable to start her dream career, and with a "life sentence".

The Fines & Fees Justice Center has called the law "unconstitutional", pointing to the excessive fines clause as it is "not proportionate either to the underlying offence or to a person's financial circumstances". The vast majority of people in the criminal justice system are poor, and around 80% qualify for the services of a public defender, meaning they are indigent.

Since 2019, Illinois and New Hampshire have repealed their "pay-to-stay" laws for state prisons. However, attempts to pass a bill in Florida that would allow judges to do an "ability to pay assessment" when imposing fines and fees have failed.

Inmates charged $50 per day of their sentence

Florida's "pay-to-stay" law charges inmates $50 for every day of their sentence, including time they didn't spend incarcerated. This means that even if an inmate is released early, they are still charged for the cell they no longer occupy, and regardless of their ability to pay. This has resulted in some inmates accruing large debts to the state, which can prevent them from truly moving on with their lives after their sentence.

The "pay-to-stay" law has been criticised as being unconstitutional, as it is not proportionate to the underlying offence or the financial circumstances of the offender. In addition, it has been noted that the vast majority of people in the criminal justice system are poor, and so this law can create a "life sentence" of debt.

Inmates charged for time they never spent incarcerated

Florida has a "pay-to-stay" law, which charges inmates $50 for every day of their sentence, including time they never spent incarcerated. This means that even if inmates are released early, they are still charged for a cell they no longer occupy.

The law has been criticised as being "unconstitutional" and as having a disproportionately negative effect on low-income people, who make up 80% of those incarcerated. This has a knock-on effect on their families, who often pick up the tab for these fees.

The practice of charging inmates for their time in prison is not unique to Florida, and is in fact common throughout the United States. In 2010, the mean annual state corrections expenditure per inmate was $28,323, although a quarter of states spent $40,175 or more.

Inmates unable to pay off debt

Inmates unable to pay off their debts face a range of challenges and consequences. While debtors' prisons are generally a thing of the past, there are still situations where non-payment of debts can result in jail time. This is especially true for certain types of debt, such as federal taxes and child support payments.

In Florida, the "pay-to-stay" law charges inmates for their prison stay, at a rate of $50 per day, based on their sentence. This means that even if an inmate is released early, they are still responsible for paying for the entire duration of their original sentence. The state can also bill the next occupant of the bed, potentially charging multiple times for the same bed. This practice has been criticised as unconstitutional, as it imposes a financial burden on individuals who are already struggling to reintegrate into society.

The consequences of being unable to pay off debt go beyond the financial. In the case of Shelby Hoffman, who accumulated $127,750 in incarceration fees, the debt prevented her from achieving her dream job in case management. Hoffman's story is not unique, as thousands of others face similar challenges due to the "pay-to-stay" law.

The inability to pay off debt can also impact an individual's credit score and credit report. Negative information, such as unpaid debts, can remain on a credit report for up to seven years, affecting an individual's ability to get a loan, rent an apartment, or even get hired for certain jobs.

While it is uncommon to go to jail for non-payment of most types of debt, there are exceptions. Willfully violating a court order, refusing to pay income taxes, or failing to appear for a debtor's examination can result in jail time. In some states, judges have the discretion to order periodic payments on a debt, and continued refusal to pay can lead to incarceration.

The impact of debt goes beyond the financial and legal realms. It can affect an individual's mental health, relationships, and overall well-being. The stress of debt can lead to anxiety, depression, and other mental health issues. Additionally, the stigma associated with debt can cause individuals to feel shame and isolation.

For those struggling with debt, there are resources available. Credit counselling services and debt management plans can help individuals better understand their finances and create a plan to repay their debts. In some cases, debt settlement companies may be able to negotiate lower payments, although this can negatively impact credit scores. It is important for individuals to understand their rights and seek legal assistance if facing debt-related challenges.

Inmates prevented from moving on from their period spent behind bars

Florida's "pay-to-stay" law charges inmates $50 for every day of their sentence, including time they did not spend incarcerated. This means that even if they are released early, they are still charged for their original sentence. This has left many former offenders with staggering debt, preventing them from moving on from their time behind bars.

For example, Shelby Hoffman was charged $127,000 for a 7-year prison sentence, despite only serving 10 months. Hoffman has since rebuilt her life, gotten clean, and is soon to graduate with a bachelor's degree. However, she cannot start her dream career as a case manager because of her outstanding pay-to-stay bill. Hoffman's grandmother helped pay off thousands of dollars in other fines and fees, but Hoffman is still unable to pay off her incarceration fee.

Critics, including the Co-Executive Director of the Fines & Fees Justice Center, Lisa Foster, have called the law unconstitutional, arguing that it is not proportionate to the underlying offense or the financial circumstances of the offender.

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