If you liked for-profit prisons pushing tougher sentencing and leading to a sharp increase in the warehousing of US citizens, then you’ll love for-profit probation:
Three years ago, Gina Ray, who is now 31 and unemployed, was fined $179 for speeding. She failed to show up at court (she says the ticket bore the wrong date), so her license was revoked.
When she was next pulled over, she was, of course, driving without a license. By then her fees added up to more than $1,500. Unable to pay, she was handed over to a private probation company and jailed — charged an additional fee for each day behind bars.
For that driving offense, Ms. Ray has been locked up three times for a total of 40 days and owes $3,170, much of it to the probation company. Her story, in hardscrabble, rural Alabama, where Krispy Kreme promises that “two can dine for $5.99,” is not about innocence.
It is, rather, about the mushrooming of fines and fees levied by money-starved towns across the country and the for-profit businesses that administer the system. The result is that growing numbers of poor people, like Ms. Ray, are ending up jailed and in debt for minor infractions.
It’s largely hidden from view for those who stay on the right side of the law, but the indignities placed on those unlucky enough to get caught up in the justice system include layered-on financial penalties. Over the years, states have added all kinds of fees on those least able to pay. And they outsource the collection to private companies that simply do not relent, and know exactly how to pyramid fees on top of fees. That’s how a speeding ticket becomes a debt for life.
This basically signals the return of debtor’s prisons in the United States, and it’s actually worse, because the citizens are paying for the privilege of landing in prison. In many areas, several rights (like the right to vote) rely on paying these back fines and fees after leaving jail. When they can’t pay the fine, the ex-convicts lose even more of their rights.
This is really a terrible story about how we’ve disconnected the justice system with its intentions. It has become a profit center instead of a way to deliver the proper punishment to fit crimes. Matt Yglesias writes:
As with prisons the basic issue here is that while you can contract-out your criminal justice functions to a private company, there’s just no such thing as a private criminal justice system. It’s not like an airline or a parcel delivery company that could be run by the state or could be run by private shareholders. At the end of the day a prison or a probation system is inherently all about the private coercive authority of the state. It’s hard to make these institutions work well but turning them into profit centers involves not even trying to accomplish the goals of a probation system.
This is the most extreme example of the dangers of privatization. In this case, the private companies profit off of the very liberty of the citizenry.




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Like “fugitive slave” trappers. In my community you can drive your old man’s car on a learners permit without over 21 year old licensed driver present, pick up friends and then total and expensive car. Because you are connected, you are not arrested. Equal protection under the law is an illusion. It is function on money!
Good on you, David…for shining a light on this miserable shit.
The cancer of rampant capitalism rolls on!
Its a little more twisted than that.
The states don’t actually get most of the money, the contractor does and passes on a fraction of what’s collected (as little as 10%) to the jurisdiction. The business model is tax farming.
http://www.taxworld.org/History/tax_farming.htm
Actually its worse than tax farming since historically governments would auction off the right to gouge taxpayers. Today, the simplest way to get around the need to bid out govt contracts is to set the deal up as a revenue contract. Since no money flows from the taxpayer-funded public treasury to the contractor (instead, the money flows from user fee/fine payer to contractor to public treasury) in many states there’s no obligation to bid out revenue contracts. That’s how redlight traffic cams and outsourced code enforcement are run.
I had a county manager call me about one of these deals last week. In my good deed of the day, I explained to him what was going on and urged him to keep revenue generation in-house.
I wonder if the collection agency goons who
go after student loans have a similar m.o.
Is this not the ultimate “aim” of privatization?
Where every breath anyone takes enriches the “owners”?
Isn’t this what capitalism is really about, where every single function of life puts a million dollars in the pockets of the rich, every single day, even before they have breakfast?
Welcome to the new and improved America.
Both legacy party candidates have got your back … end.
Regardless of which one “wins” … most of “us” will lose.
Keep on your best behavior, avoid probation, and never question anything … the owners do not like that.
Yo! Who owns you?
Thank you, DDay, for staying on “top” of the depressing “advance” of the monied “elite”.
(And please, everyone, make sure you loudly celebrate our deliverance from the tyranny of King George III, tomorrow. The owners like that, and you’ll get a bang! out of it too. Guaranteed … or, you can just do some probation …)
DW
This is disgusting. I never thought I’d see debtor’s prisons but here they are. Serfdom is making a huge comeback.
I’d like to mark the occasion by hanging my flag upside down and holding a memorial service.
Thanks to you David for putting forth the story, to you JamesJoyce for the example, to you beowulf for striving to keep your county “clean,” and to you DW for the analysis. We are fast regressing to the early 19th century at least, perhaps earlier. Debtor’s prison is a feature, not a mistake, of the system. Unless you have a ‘sugar daddy’ to pay, you will continue to amass debt to the point that you will never be out from under, just as nycterrierist implies. By privatizing everything, the corpses will solidify their hold on government. Eventually our government will give us offers we can’t refuse.
How low can they go? Seems like we’re about to find out. Disgusting!
Unfortunately police departments are increasingly being turned into revenue sources for strapped local and state governments. This in itself is a hugely problematic trend. Do you know what the cost of the ticket in California is for a rolling stop? $560 dollars! Well, of course technically the fine is only $100, but taxes and fees add the rest (and some of those were even passed by proposition) Not surprisingly, this ticket is the #1 ticket given out in the state- more than even speeding tickets.
Outrageous ticket costs are essentially regressive random driving taxes. But of course, since they bring in so much revenue (billions in California), the corrupt legislature will never do anything about it as they shift the cost of government unto the backs of the poor and middle class and away from their big money campaign donors.
Yikes. Thank you for alerting us to that sort of thing. Totally dis-gust-erating.
I almost linked to this story at the Diner this a.m., but found it to depressing. Glad you did this piece. It’s bad enough that this is being privatized, but to end with sending people who can’t pay to jail is the height of, well, un-American.
I myself have had a small taste, in a much less drastic way. I got a ocuple of administrativetype tickets…forgot to renew my drivers license and car registration (at different times, but I was pretty disorganized) and somehow, with other urgent events occurring, didn’t get to court to take care of them. Upshot, for three years (!!) I’m stuck paying surcharges. No way to get out of them now.
Jail is not a penalty for failing to pay you just lose your drivers license. But I was astounded to learn about this, and that I could not find a way to get out of it, even by paying in advance or something. I have a payment due right now, and it’s infuriating.
It’s very clear that this is one of the ways Texas is increasing income without “raising taxes.” Just get it from the “low-lifes” who run afoul of the traffic ticket system…y’know, the evil people.
And it has been working soooo well.
Republicans* are the most pro-big government people of all because there is so much money to be made from it. The privatization of functions normally reserved for government agencies and government employees is part of that money grab. It is the act of profiting at the expense of everyone else.
*Democrats, of course, do this too, but Republicans do it more.
It’s a legalized version of holding people for ransom.
oh, crap…”too” not “to”!!!!