The Link Between Incarceration & Poverty
There is a very real revolving door from poverty to incarceration. Incarceration in turn, exacerbates poverty and its relatives: Food insecurity, homelessness, and the destruction of the family unit. Let's just say it's an easy round trip. So, take a look at the story of Cindy Rodriguez, who was highlighted in a study on this very issue.
Rodriguez, was a 53-year-old woman on disability who never had a criminal record—not even a parking ticket. But in 2014, she was arrested for shoplifting and assigned a public defender who told her to plead guilty and accept probation, saying that probation was nothing to worry about.
She was then informed that she owed the court $578 for probation costs, and another $35–$45 per month for a monthly supervision fee, plus $20 for random drug tests although she had never been charged with a drug-related offense. When she told the judge about her desperate financial situation and dependence on small disability payments, he told her to “just do the best you can.” But her best wasn't good enough. Fearing incarceration, she paid the fees by selling her van and later became homeless, because she was late on her rent.
THE MORAL: When you live on a razor's edge, it only takes a small mistake to get badly cut.
This woman's experience is not exceptional, in fact, it mirrors similar situations of so many in poverty who interface with courts and prosecutors. As of February 2022, the Hoosier poverty rate was 12.2% which translates to nearly 300,000 people living in Indiana who may be on the brink of a situation like Cindy’s. Many cannot make bail. While most believe that violent criminals should be held without bail, we must understand that many in poverty are also held up to four months pre-trial, not because they are violent, but because they cannot afford to pay. Also, they may be re-arrested for failure to be able to pay fines (as in the Rodriguez case) for minor infractions that can trigger incarceration.
THE MORAL: Don’t be poor. There are trap doors everywhere.
In 1984, Congress enacted the Sentencing Reform Act, requiring mandatory minimum sentences. Judges lost control of their own ability to reason, and were required to sentence individuals to harsh, lengthy sentences, often contradicting what the judge believed was fair for the offense. Forty years later, we have a 222% increase in incarceration in the U.S. and the cost of all those people behind bars (many serving decades-long sentences for selling weed) is also what fuels the fees that bankrupted Cindy Rodriguez. Most in the parole or probation system can pay the fines, but they are a terrible Catch-22 for people with empty pockets. We have to begin to understand the impact of mandatory sentencing and fee-based freedom, and get back to a goal of restoration.
Let’s be clear, there are no "special" laws for people in poverty. But, judges must again have the freedom to give a sentence that is deserved, not required, and somehow, we have to weigh the damage that court and parole or probation fees do to people whose incomes are severely limited. Judges, prosecutors, and those in both state and county corrections have difficult, challenging jobs and most have a heart for incarcerated people. But common sense, understanding, and good will must drive an ever-expanding goal of restoration for those who can be helped through our system of justice here in Indiana and across the nation.
THE MORAL: Remember those prison as if they were bound with you,
Nancy
