Research

Our report examines the practice of pay-to-stay fees, which involves charging individuals—both adults and youths—in correctional facilities for costs relating to their incarceration. Pay-to-stay fees not only affect individuals during their time of incarceration but can also result in post-release debt. While the report considers the overarching issues with pay-to-stay fees broadly, it looks more specifically at the imposition of room and board and medical fees at the state level for incarcerated adults and youths serving a sentence.

Paying for One's Own Incarceration: National Landscape of 'Pay to Stay' Fees

Despite the lasting harms that pay-to-stay fees pose, these policies are pervasive across the country. Based on our analysis of qualitatively coded state statutes and corrections department policies related to pay-to-stay fees between June 2022 and December 2023, we found that in all but two states, correctional facilities have the authority to charge incarcerated individuals for room & board fees and/or medical co-pays.

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Public Data

Real change starts with transparency. Which is why we've made all of our data available for public review.

Pay-to-Stay Harm Index

The Harm Index captures the assessment of state statutes and departmental policies related to the imposition, collection, and enforcement of pay-to-stay fees. We call this the Harm Index because each criterion, if practiced, contributes to the harmful impact of pay-to-stay fees.

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Pay-to-Stay Fees FOIA Tracker

We have compiled FOIA responses for each of the 50 states and Washington, D.C. In the spirit of transparency, we’ve made the data available for public review.

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