U.S. flag
        An official website of the United States government
          Here's how you know
        Here's how you knowDot gov**Official websites use .gov**
              
              A **.gov** website belongs to an official government organization in the United States.
        Https**Secure .gov websites use HTTPS**
              
              A **lock** (   A locked padlock
 ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.  **
Menu


    close

        
        
                        
  
          Home
      
    
              How NIC can help
      
                
  
          **I need Training or Courses**
               Free e-courses available 24/7
              
      
                
  
          NIC Training Programs
          In-person and blended trainings
      
    
              I need Technical Assistance
          Guidance, support, advice, assessment, and/or customized training
      
    
              I'm looking for Information Assistance
          NIC publications, DVDs, FAQs, and more
      
    
              **I need other assistance from NIC**
              
      
                
  
          NIC Helpdesk
      
    
              Connect with other Corrections Professionals
          NIC Community Forums
      
    
              Funding Opportunities
          Cooperative Agreements and more
      
    
              Resources
      
                
  
          **News and Events**
              
      
                
  
          Conferences
      
    
              NIC Events
      
    
              NIC News & Media Releases
      
    
              Subscribe to NIC's News & Announcements
          Emails with NIC's latest news and initiatives
      
    
              NIC Quarterly Newsletter Archive
      
    
              **Featured Resources**
              
      
                
  
          Resources for Corrections Professionals
          Resources about correctional topics
      
    
              Topics
          Focused areas of research for Corrections Professionals
      
    
              NIC's e-courses
      
    
              Hot Topics
          Answers to questions about NIC services & resources
      
    
              FAQs
          Frequently Asked Questions
      
    
              **NIC Library**
              
      
                
  
          Search the Library Collection
      
    
              Ask a Librarian
      
    
              Free eBooks
      
    
              Sign in to the EBSCOhost Research Platform
          Free research resources provided by NIC
      
    
              Webinars and Broadcasts
          Streaming Video of NIC Trainings
      
    
              US State Statistics
          Statistics Information about US Corrections
      
    
              About NIC
      
                
  
          **About the Agency**
              
      
                
  
          Mission
      
    
              Staff Directory
      
    
              Reports to the Nation
      
    
              Funding Opportunities
      
    
              History of NIC
      
    
              Advisory Board
      
    
              **Divisions**
              
      
                
  
          Academy Division
      
    
              Community Services Division
      
    
              Jails Division
      
    
              Prisons Division
      
    
              **Strategic Plan**
              
      
                
  
          Subscribe to NIC's News & Announcements
          Emails with NIC's latest news and initiativesMy Cart
                                
                          
        
                Log in Home
                                    Resources
                                    NIC Library and Information Center
                                    NIC Library Collection
                                    Paying For Your Time: How Charging Inmates Fees Behind Bars May Violate The Excessive Fines Clause

      

                    
          
    Paying for Your Time: How Charging Inmates Fees Behind Bars May Violate the Excessive Fines Clause
If you are thinking of implementing pay-for-stay, then you need to read this article. "With the explosive correctional growth, state correctional costs have skyrocketed in the last four decades. While it is understandable that governments would look to recoup these costs, advocates and scholars have long argued that it represents bad policy. However, less work has been done to challenge the legality of this practice, perhaps because courts have historically been so unfriendly to these types of challenges. This essay suggests that exploring the constitutional implications of charging inmates for goods, services, and even their stay behind bars could help to build the case for policy change around the nation. Specifically, legal academics could provide persuasive support for this area of advocacy by reexamining the legality of the current systems of fees and fines under the Eighth Amendment’s Excessive Fines Clause. Even if courts continue to strike down these legal arguments, policymakers may finally take heed of such compelling evidence that this practice may potentially violate the U.S. Constitution" (p. 1). This article is divided into these parts: "introduction"; "History of Inmate Fees"--history of inmate fees and pay-to-stay practices, rationales for implementing inmate fees, types of pay-to-stay, and policy objections; "Toward a New Litigation Strategy"-Excessive Fines Clause of the Eighth Amendment, forfeiture cases examined under the Excessive Fines Clause, the seminal constitutional case in jail fee jurisprudence being Tillman v. Lebanon County Correctional Facility, and further litigation inquiries; and conclusion.Accession Number
              029737

  Download Links
          Read more on Brennan Center.org

  Publication Year
              2014

  Length
              20 pages

  Authors
          Lauren-Brooke Eisen

  Sources
          Brennan Center for Justice (New York NY)
Tags
    Fees paid by incarcerated individuals Return to top

      About NIC

About the Agency
	Divisions
	Staff Directory
	Contact NIC

NIC Services

Training
	Technical Assistance
	Corrections Forums
	Subscribe to NIC News

Resources

Resources by Role
	Resources by Topic
	NIC News
	NIC Events
  
      Agency logo
              
                              National Institute of Corrections
        
                  NIC Legal Policies and DisclaimersNIC Privacy Policy and DisclaimersPlain Language PolicyAccessibility PolicyDOJ Links:Justice.govOpen GovernmentLegal Policies and DisclaimersInformation QualityPrivacy PolicySmall BusinessOffice of the Inspector GeneralBudget and PerformanceFOIANo FEAR Act DataVulnerability Disclosure PolicyVote.govHave a question about government services? Contact USA.govFollow NIC on X
the National institute of corrections governmental seal