Locking People Up for Unpaid Fines or Fees
This is part of our Policy vs. People series, where we unpack how prison policies affect real people, and what you’re not hearing in the headlines.
Policy: It’s called “pay or stay.” Miss a payment, go to jail.
Reality: This practice punishes people not for crimes, but for being poor.
Whether it’s a parking ticket, court fee, or old fine, people across the U.S. are still being incarcerated simply because they can’t afford to pay.
📌 Some courts call it a “civil bench warrant.” Others call it “failure to appear.” But for many, it’s just a modern-day debtor’s prison.
Wait — Isn’t Debtor’s Prison Illegal?
Technically, yes. The U.S. Supreme Court ruled in Bearden v. Georgia (1983) that it’s unconstitutional to jail someone just because they can’t afford to pay a fine. But in practice? It still happens.
📚 ACLU: Modern-Day Debtors’ Prisons
Why It Happens
Cities and counties increasingly rely on fines and fees to fund their operations, from traffic tickets to probation fees to room-and-board charges for jail time itself. When people can’t pay, courts issue arrest warrants. That means jail time not for a new offense, but for unpaid debt.
Who It Hurts
- Working-class people living paycheck to paycheck
- People already dealing with housing insecurity
- Parents who miss child support payments due to job loss
- Formerly incarcerated individuals trying to rebuild
What It Costs
Jailing someone for nonpayment costs taxpayers more than the amount owed. And it creates a cycle of poverty: lost jobs, missed childcare, suspended licenses, and more.
What’s Being Done
Several states have outlawed the practice, and lawsuits are challenging it elsewhere. But in many areas, it’s still happening, quietly, cruelly, and disproportionately to Black, Brown, and low-income people.
Policy vs. People
📜 The Policy: Use jail to collect fines.
👥 The People: Get trapped in a poverty-to-prison pipeline.
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Typewriters hold a special place in this environment. They are a rare and valuable asset, often out of reach for prisoners who earn a few cents per hour, if they get paid at all. All electronics available for purchase in prisons are clear so that no contraband can be hidden inside. Where available, a typewriter like this will cost someone in prison about $250. It’s how people inside file grievances, fight wrongful convictions, write poetry, or send love. And it’s how many have kept their spirits alive in a system that dehumanizes and isolates. Those who do manage to obtain one often become pivotal figures within their communities, much like the first telephone owners, and serve as hubs of information, assisting others inside with legal documentation, correspondence, and maintaining connections with the outside world.





