In recent weeks, both the House and the Senate have introduced bipartisan legislation that would begin to overhaul our nation’s broken criminal-justice system. These bills are nothing short of historic. But unless policymakers also invest in civil legal aid to support formerly incarcerated people who are reentering their communities, efforts to dismantle mass incarceration are doomed to fail.
For most returning citizens, release from a correctional facility doesn’t mark the end of their punishment. Individuals are commonly sent back into a community with only a few dollars, a bus ticket, and a few days’ worth of any needed medications. Many have no housing to return to—and living with relatives could put their families at risk of eviction due to draconian “one strike and you’re out” public-housing policies. Finding a job is unlikely to happen overnight—or even within the first year of release—because of the great challenge of securing employment if one has a criminal record. And in many states, people convicted of felony drug offenses too often go hungry as they are barred for life from accessing the meager assistance that income and nutrition aid programs provide.
To make matters worse, many returning citizens face debts in the tens of thousands of dollars due to child-support arrears. In many states, these payments accumulate while individuals are behind bars, even though they have little or no way to earn income. And in a growing nationwide trend, states and localities are closing budget shortfalls through tactics such as charging inmates “pay-to-stay” fees for incarceration, collection fees, and even fees for entering a payment plan to pay off their debts. With funding for public defenders falling drastically short, some courts are even charging public-defender fees for exercising one’s constitutional right to counsel.
In addition to trapping returning citizens in poverty, these financial debts can be a path to re-incarceration for those who are unable to pay. These and other obstacles to successful reentry are a big reason why more than two-thirds of formerly incarcerated individuals are rearrested within three years of release, many for crimes of survival. For example, M.H.—homeless, pregnant, and hungry—was rearrested for stealing two plums and three candy bars while on probation for another low-level retail theft offense.