NCJ Number
63291
Date Published
1980
Length
82 pages
Annotation
THIS REPORT PROVIDES A NATIONWIDE ASSESSMENT OF THE GROWING PRACTICE OF CHARGING CORRECTIONAL SUPERVISION FEES; IT INCLUDES SUMMARY DESCRIPTIONS OF CHARGING FEES FOR ROOM AND BOARD AND FOR SPECIAL SERVICES.
Abstract
THE 1970'S SAW SIGNIFICANT GROWTH IN THE PRACTICE OF CHARGING PROBATIONERS AND PAROLEES FOR SPECIFIC OR GENERAL CORRECTIONS COSTS. THE TYPES OF CORRECTIONAL SERVICE FEES THAT MAY BE ASSESSED ARE (1) ROOM AND BOARD FEES IN VARIOUS TRANSITIONAL SETTINGS (E.G., HALFWAY HOUSES OR PRERELEASE CENTERS), (2) FEES FOR SPECIFIC SERVICES OR PROGRAMS (E.G., DRUG, MENTAL HEALTH, EMPLOYMENT SERVICES), AND (3) FEES FOR GENERAL CORRECTIONAL SUPERVISION. IN 1978, ONLY 9 STATES CHARGED A SUPERVISION FEE ON A STATEWIDE OR LOCAL BASIS TO PROBATIONERS OR PAROLEES: MICHIGAN, COLORADO, PENNSYLVANIA, ARIZONA, TEXAS, NEW MEXICO, ALABAMA, FLORIDA, AND OKLAHOMA. THESE LAST THREE STATES PASSED LEGISLATION MAKING THE FEES MANDATORY FOR ALL PROBATIONERS (AND PAROLEES IN ALABAMA AND FLORIDA), UNLESS SPECIFICALLY WAIVED, AND SET A SPECIFIC FEE OR FEE LIMIT. ADDITIONALLY, LEGISLATION HAS BEEN INTRODUCED AUTHORIZING THIS SAME TYPE OF STATE SYSTEM IN TENNESSEE, GEORGIA, AND SOUTH CAROLINA. ALTHOUGH $10 A MONTH IS THE MOST COMMON SUPERVISION FEE, THE RATES VARY CONSIDERABLY. THREE FACTORS INFLUENCE THE AMOUNT COLLECTED THROUGH SUPERVISION FEES: THE NUMBER OF CORRECTIONAL CLIENTS ELIGIBLE TO PAY, THE FEE AMOUNTS, AND THE PROPORTION PAYING. ALTHOUGH A VARIETY OF ARGUMENTS ARE MADE FOR AND AGAINST THE PRACTICE OF CHARGING SUPERVISION FEES, THE ONLY SUBSTANTIATED CLAIM IS THAT FEES CAN BE A SIGNIFICANT SOURCE OF REVENUE. ALTHOUGH FEE CHARGING IS OFTEN OPPOSED ON LEGAL GROUNDS, THE COURTS HAVE UPHELD IT IN A NUMBER OF STATES, INCLUDING FLORIDA AND OKLAHOMA. FOOTNOTES, TABLES, AND APPENDIXES CONTAINING STATES' LEGISLATION ON SUPERVISORY FEES ARE PROVIDED. APPENDIXES INCLUDE THE FEE-FOR-CORRECTIONAL SERVICES SURVEY, SUPERVISION FEE LEGISLATION, AND FORMS. (AUTHOR ABSTRACT)