The Stories Behind Criminal Justice Debt, pt.1
** For the rest of August, we will be sharing personal stories of those affected by criminal justice debt to show the impact of court costs, fines, and fees on individuals and families in Illinois. If you would like to see the bi-partisan bill HB 4594-The Criminal and Traffic Assessment Act, be signed into law, please call the Governor’s Chicago office (312-814-2121) or Springfield office (217-782-0244). You can also email the office here.**
By Alecia Richards, Northwestern Advocacy Corps
Denise’s* sole financial concern isn’t the medications she uses to treat her depression, diabetes, high cholesterol, and nerve damage. She’s also worried about paying back a $3000 restitution fee she was charged in 2002 after being arrested for a non-violent drug offense.
Prior to being arrested, Denise stayed a month in jail before eventually being released on probation. Denise said she was in jail for her inability to pay the fine, but overcrowding at the jail contributed to her release.
Denise says that while in jail not only did she not get access to all of her medications, but she also had to sleep on the floor for some of her time. This only worsened her preexisting health conditions.
Now Denise, a mother with two adult daughters, wishes she knew more the court system before she was arrested. She says the judge failed to ask her about her financial situation and her public defender didn’t do an adequate job of explaining what restitution was or what her repayment options were. “I found out through my probation officer, no one in court explained it,” explains Denise.
These factors have contributed to her having this debt for all these years. “I was able to pay like $15 or $20 of the $1000,” says Denise.
Her medical needs have left her unemployed. “A lot of people don’t want to hire people with depression”, Denise said. And when she does get a job, she has trouble keeping it due to the swelling in her legs and numbing in her hands her nerve damage causes her.
Denise receives money and health insurance through a public assistance program. This is what has allowed her to consistently pay for medication and food. But, court debt has forced her to make difficult decisions since being released from jail. Denise says the debt at times has prevented her ability to get food and, before she got insurance, buy medication.
Denise wishes she knew more about the types of fines and debt you can accrue from a minor run-in with the criminal justice system. “At least help us find somewhere to pay it or clear the debt up, like if there was community service or something,” Denise said.
Aside from better education and resources for defendants, Denise also hoped there would be a ‘pay what you can’ payment plan for low-income defendants, especially those already receiving public assistance.
Looming debt and a negative experience in court has left Denise disenchanted with the court system. She wishes the County would ensure that public defenders explained the fines and fees she could accumulate, but also wishes more people took the time to consider the financial situation of each defendant. “They just see us as numbers,” she said.
*Name changed to protect the identity of the interviewee