Requiring criminals to help fund Illinois justice: fair or foul practice?

A recent report by Brian Mackey of Illinois Issues discloses several surprising statistics about Illinois' criminal justice system. While many people are aware that convicted criminals can be charged fines and ordered to pay restitution to their victims, a wide range of fees are charged to criminals, Mackey reports. In some cases, even accused-yet-exonerated defendants pay these fees, which are used to help fund everything from DNA tests to drug treatment assessment.

Critics say the charges can keep financially troubled individuals in a cycle of poverty and imprisonment. Proponents say charging criminals a fee is fair play -- a part of their debt to society.

According to a 2009 report from the Sargent Shriver National Center on Poverty Law cited by Mackey, a Cook County resident convicted of class four felony drug possession faces a minimum of $1,445 in financial obligations. Although the fine for the felony conviction accounts for $500 of the total, the rest comprises fees.

The Brennan Center reports that these fees can become a barrier to successful reentry into society. In some cases, family members end up paying the fees, shifting the burden away from the criminal. If fees cannot be collected, the programs that rely on them can suffer from the lack of funding. Read more in the October Illinois Bar Journal.

Posted on September 29, 2015 by Mark S. Mathewson

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