The Burden of
Criminal Justice Debt
in Alabama
2014 Participant Self-Report Survey
Foster Cook, Associate Professor and Director, UAB TASC

For More Information Contact:
Foster Cook
401 Beacon Parkway West
Birmingham, Alabama 35209
fcook@uab.edu
www.uab.edu/TASC

Contents
In this Report: .................................................................................................................................................................................1
State Sample .................................................................................................................................................................................2
Demographics ...........................................................................................................................................................................2
Participating Counties .........................................................................................................................................................2
Gender and Racial Distribution ........................................................................................................................................2
Level of Education ...............................................................................................................................................................3
Employment ...........................................................................................................................................................................3
Children..................................................................................................................................................................................4
Annual Income Last Year Including Unemployed ..........................................................................................................4
Quality of Life...........................................................................................................................................................................5
Housing...................................................................................................................................................................................5
Transportation ......................................................................................................................................................................6
Bank Account.........................................................................................................................................................................6
Fee Obligations ........................................................................................................................................................................7
Fees.........................................................................................................................................................................................7
Misdemeanors ......................................................................................................................................................................7
Who is Paying and How? .......................................................................................................................................................8
Paying on a Regular Basis .................................................................................................................................................8
Family and Friends ..............................................................................................................................................................8
Payday Loan ........................................................................................................................................................................9
Counties above state percentage ....................................................................................................................................9
Fees vs. Necessities ........................................................................................................................................................... 10
Number of People Forgoing Necessities...................................................................................................................... 10
Crime as a Funding Source ............................................................................................................................................. 11
Criminal Activities.............................................................................................................................................................. 12
Penalties .................................................................................................................................................................................. 13
Increased Payments.......................................................................................................................................................... 13
Jailed for Non-payment.................................................................................................................................................. 14
Financial Overview ............................................................................................................................................................... 16
County Variance: Income and Fee Ratios .................................................................................................................... 16
County Variance: Monthly Fee Rates ........................................................................................................................... 17
County Variance: Estimated Time Spent with Criminal Justice Debt ...................................................................... 17
Summary: The Cycle ............................................................................................................................................................. 18

Qualitative Data ................................................................................................................................................................... 19
On Owing in Multiple Courts .......................................................................................................................................... 19
On Fines Increased Because of Falling Behind ........................................................................................................... 19
On Fees vs. Necessities .................................................................................................................................................... 19
On Employment/Unemployment .................................................................................................................................... 20
On Transportation............................................................................................................................................................. 20
On Resources: Where do They Get the Money? ....................................................................................................... 20
On Trying to Pay .............................................................................................................................................................. 21

The Burden of
Criminal Justice
Debt in Alabama
Across the country the criminal justice system has increasingly looked to
defendants to finance the courts and court related programs. In
Alabama, the legislature has reduced funding for courts and court
related services. To offset this loss, court costs and associated fees have
risen.
The purpose of this study was to evaluate the success of this approach
and the impact of these policies in Alabama. With the general
knowledge that increased court costs have not produced projected
revenue, we sought to understand why by surveying defendants across
the state. We thank the Community Corrections Directors in the counties
represented, the staff that administered the surveys and the Alabama
Department of Probation and Parole.
Three goals of this study:
1. Explore the “ability to pay” question
2. Understand the dynamics of the collection process
3. Understand the consequences criminal justice debt has to:
• Defendants under court supervision
• The purposes of the justice system
• The public
• Recidivism
• Persons in the criminal justice system living in poverty
Methods of this study:
1. This study was initially designed as an anonymous survey for
Jefferson County/TASC, and Probation and Parole
2. Other Alabama counties expressed interest and participated in
the study
3. Those populations have been combined in the following
outcomes:
a. 13 counties
b. 943 participants under supervision for a felony were
surveyed
4. Primarily Quantitative: descriptive statistics
5. Secondarily Qualitative: comments recorded from the
participants

In this
Report:
This report
contains overall
survey results for
participating
counties in the
state of
Alabama.
Data presented
is both
consolidated on
the state level
as well as

The Burden of Criminal Justice Debt in Alabama

2014 Participant Self-Report Survey

extracted at the
county level.

1

State Sample
Demographics
Participating Counties

In 2013, 943 participants were surveyed across thirteen different counties in the state of Alabama. All
of these participants were actively involved in the criminal justice system.
450

394

400

N=943

350
300
230

250
200
150

99

The Burden of Criminal Justice Debt in Alabama

100

34

33

50

50

29

22

20

32

0

Gender and Racial Distribution
600
N=930

500
400
300
200
100
0

Female
Male

2

African
American

Alaskan
Native

Asian/
Pacific
Islander

Black/
West
Indian

Caucasian

Latino/
Hispanic

Native
American

Other

81
435

0
1

1
3

1
11

123
252

0
5

4
4

1
8

Level of Education

Did not
graduate
34.8%

Valid%

College or beyond

185

19.8%

Did not graduate
high school

325

34.8%

Diploma/GED

425

45.5%

n

935

100.0%

Missing
Total

8
943

Employment

Unemployed

49%

Full Time
38%

Part Time
13%

Frequency

Valid%

Full Time

338

37.8%

Part Time

121

13.5%

Unemployed

435

48.7%

n

894

100.0%

Missing

49

Total

943

The Burden of Criminal Justice Debt in Alabama

Diploma
/GED
45.5%

College
or
beyond
19.8%

Frequency

3

Children

Over 40% of the overall sample reported having dependent children who live in their home.

Yes
40.5%
No
59.5%

Frequency

Valid %

Yes

380

40.5%

No

559

59.5%

n

939

100.0%

The Burden of Criminal Justice Debt in Alabama

Missing

4

Total

943

Annual Income Last Year Including Unemployed

Participants reported a median income of $8000.00 and a mean income of $10,894.00 annually.
These figures include participants claiming zero income due to unemployment.
250

232

N=778

200
161
150
115
100
50

97
52

35

33
6

0

4

13

11

10

13

Quality of Life
Housing

Participants were asked: “if housed, where are you living?” with 90% of the overall sample reporting
being housed (n=863). However, 39.4% of the housed reported living at someone else’s residence,
residential treatment, a halfway house, or other.

Someone else’s
apartment, room,
or house, 37%

Other, 1%

Own/rent
apartment, room,
or house, 61%

Frequency

Valid %

Own/rent apartment, room, or house

523

60.6%

Someone else’s apartment, room, or house

318

36.8%

Halfway House

6

0.7%

Residential Treatment

10

1.2%

Other

6

0.7%

n

863

100.0%

Missing

80

Total

943

The Burden of Criminal Justice Debt in Alabama

Halfway House,
1%

Residential
Treatment, 1%

5

Transportation

Over half of the participants reported not having a car, not having a drivers license, or not having
automobile insurance.

Do you have a car?
N=933

The Burden of Criminal Justice Debt in Alabama

Do you have auto insurance?

N=934

Yes
47%

No
53%

No
54%

N=918

Yes
46%

No
56%

Yes
44%

Bank Account

Almost 2/3rds of the participants reported having no bank account

Yes
36%

No
64%

6

Do you have a drivers license?

Frequency

Valid %

Yes

329

36.0%

No

585

64.0%

n

914

100.0%

Missing

29

Total

943

Fee Obligations
All participants were paying supervision fees ranging from $35.00 to $150.00 a month. It is speculated
the 9.5% that reported not currently owing fees is an artifact of the instrument interpretation (for
example, fees paid up for that month, etc.) or the result of judicial fee waivers. Courts below are
defined as felony, misdemeanor, child support, and other.

Fees
Do you owe court costs, fees, etc.?

In how many Courts do you owe fees?

N=929

No
9.5%

n=801

One
67.9%

Yes
90.5%

Misdemeanors
Do you owe for a misdemeanor
as well as a felony (traffic
offenses, etc.?
N=921

Yes
40%
No
60%

If so, then in how many
jurisdictions?

n=651

The Burden of Criminal Justice Debt in Alabama

Two or
more
32.1%

Two or
more
22%

One
78%

7

Who is Paying and How?
Paying on a Regular Basis

The majority of participants (63%) report paying on their court costs, fines, fees, etc. on a regular basis.

No
37.0%

The Burden of Criminal Justice Debt in Alabama

Yes
63.0%

Valid %

Yes

544

63.0%

No

320

37.0%

n

864

100.0%

Missing

79

Total

943

Family and Friends

Participants were asked if they ever had to borrow money from family or friends to pay court costs,
fines, fees, etc.

No
44.6%
Yes
55.4%

8

Frequency

Frequency

Valid%

Yes

510

55.4%

No

410

44.6%

n

920

100.0%

Missing

23

Total

943

Payday Loan

Participants were asked if they had ever used a payday or title loan to pay court costs, fine, fees, etc.

Frequency

No
84.0%

Valid%

Yes

138

16.0%

No

722

84.0%

n

860

100.0%

Missing

83

Total

943

Counties above state percentage

The following counties scored higher than the state percentage (16%) when participants were asked if
they had used a payday or title loan to pay court costs, fines, fees, etc.

Huntsville
Cherokee/
DeKalb

Yes
24%

n=94

Yes
26%

n=29

Jefferson
No
76%

n=339

The Burden of Criminal Justice Debt in Alabama

Yes
16.0%

Yes
19%

No
74%

No
81%

Montgomery

n=17

Tuscaloosa

Yes
18%
No
82%

n=25

Yes
40%
No
60%

9

Fees vs. Necessities

Participants were asked if they’d ever had to choose between paying the court and paying essentials.
Over 60% stated that they had to make this choice.

No
39.7%

Yes

569

60.3%

No

374

39.7%

n

943

100.0%

Missing

0
943

Number of People Forgoing Necessities

Of the participants having to choose between paying the court and paying necessities (n=569) the most
frequent necessities that suffered non-payment were utilities, groceries and rent/mortgage payments.
Many participants noted forgoing multiple necessities.
500
450

394

400

429

356

350
300
250
174

200
150
100
50
0

10

Valid%

Total

Number of People

The Burden of Criminal Justice Debt in Alabama

Yes
60.3%

Frequency

92

153

153
64

Crime as a Funding Source

Yes
17.0%

No
83.0%

Frequency

Valid%

Yes

158

17.0%

No

770

83.0%

n

928

100.0%

Missing

15

Total

943

The Burden of Criminal Justice Debt in Alabama

Participants were asked if they had ever committed a crime to pay court costs, fines, fees, etc. This
percentage varied widely across counties from 1.8% to 43% depending upon who asked the question.
In some counties, probation or community corrections officers conducted the interviews. Other counties
used independent outside interviewers.

Counties above state percentage
The following counties used independent interviewers, not probation or community corrections officers.
They scored higher than the state percentage (17%) when participants were asked if they had ever
committed a crime to pay court costs, fines, fees, etc.

Jefferson

n=388

Yes
23%

Huntsville

n=29

Yes
31%

Marshall

No
77%

n=49

Yes
43%
No
57%

No
69%

Montgomery

n=19

Tuscaloosa

Yes
42%
No
58%

n=32

Yes
22%
No
78%

11

Criminal Activities

17.0% of statewide participants admitted to committing criminal activity to pay court costs, fines, fees,
etc. The following subset includes those admitting to criminal activity as well as those that stated they
had pondered it (n=161) as well. Of that percentage, selling drugs (56%) was the primary method.

Pondered it
2%

Gambling
1%

Prostitution
1%
Robbery
2%

The Burden of Criminal Justice Debt in Alabama

Not Telling
19%

12

Theft
19%

Sell Drugs
56%

Frequency

Valid%

Gambling

2

1.2%

Prostitution

2

1.2%

Robbery

3

1.9%

Sell Drugs

91

56.5%

Theft

30

18.6%

Not Telling

30

18.6%

Pondered it

3

1.9%

n

161

100.0%

Missing

782

Total

943

Penalties
Increased Payments

Yes
24.6%

No
75.4%

Frequency

Valid%

Yes

222

24.6%

No

679

75.4%

n

901

100.0%

Missing

42

Total

943

Counties above state percentage
The following counties scored higher than the state percentage (24.5%) when participants were asked if
they had ever had court costs, fines, fees, etc. increase because they fell behind.

Jefferson

n=382

Marshall

Yes
32%
No
68%

Montgomery

Yes
39%
No
61%

n=18

Tuscaloosa

n=30

Yes
37%

Yes
33%
No
67%

n=49

The Burden of Criminal Justice Debt in Alabama

Participants were asked if they ever had court costs, fines, fees, etc. increase because they fell behind in
payments. 24.6% stated the court had increased their amount owed as a penalty.

No
63%

13

Jailed for Non-payment

Participants were asked if they ever had been jailed for failing to pay court costs, fines, fees, etc..
17.9% stated the court had held them in jail as a penalty for non-payment.

Yes
17.9%

The Burden of Criminal Justice Debt in Alabama

No
82.1%

Frequency

Valid%

Yes

167

17.9%

No

764

82.1%

n

931

100.0%

Missing

12

Total

943

Counties above state percentage
The following counties scored higher than the state percentage (17.9%) when participants were asked if
they had ever been jailed for non-payment.

Marshall

Jefferson

n=49

No
37%

Montgomery

n=394

Yes
21%

No
78%

St. Clair

n=22

Tuscaloosa

Yes
22%
No
78%

14

Yes
22%

Yes
63%

No
79%

n=30

Yes
20%
No
80%

n=18

Attributes of participants that report being jailed for non-payment
The following is an analysis of the “jailed for non-payment” subsample (n=167) across other survey
variables, targeting participants’ quality of life and ability to pay. The data would suggest the more
impoverished the person, the more likely to be locked up for non-payment.
Please note that whether the below attributes were present at the time of participants' incarceration is
unknown. (Exception: the presence of a lawyer is tied specifically to the jailing event in question.)

Attributes of Participants that Report being Jailed for Non-payment

Has at least one dependent child living with them

Is unemployed

23.3%

38.3%

47.0%

Has had court costs increase because fell behind in
payments

52.5%

Did not graduate High School/get their GED

53.9%

Has chosen between paying court and paying
rent/mortgage

60.0%

Has chosen between paying court and paying for
groceries

64.2%

Has chosen between paying court and paying
utilities

64.8%

Has borrowed money from family or friends to pay
court costs

The Burden of Criminal Justice Debt in Alabama

Has used a payday or title loan to pay court costs

68.1%

Does not have a driver's license

75.2%

Does not have a bank account

76.5%

No lawyer present at time of incarceration

77.2%

Has chosen between paying court and paying
essentials

82.0%

15

Financial Overview

Annual
income last
year if not
zero

Annual
income last
year
including
unemployed

If paying,
how much
do you pay
per month?
$75.00

$2000.00

$20.00

24.00

$10,000.00

$8,000.00

Mean

$114.06

$7,885.21

$261.31

39.95

$15,531.07

$10,894.04

Valid

569

658

880

790

546

778

Missing

374

285

63

153

397

165

Median

The Burden of Criminal Justice Debt in Alabama

How many
months have
you been in a
situation
where you
owed court
costs, etc.?

Total amount
owed in court
costs, fines,
restitution,
etc. if not
zero

Cash
access
today

County Variance: Income and Fee Ratios
Remaining amount owed vs. annual salary last year
(median values)
$25,000.00
$20,000.00
$15,000.00
$10,000.00
$5,000.00
$0.00

Remaining amount owed in court costs, fines, fees, restitution, etc.
if not zero
Annual income last year if not zero

16

County Variance: Monthly Fee Rates
If paying, how much do you pay per month?
(median values)
$300.00

n=569

$250.00

$250.00
$200.00
$150.00

$135.00

$100.00

$50.00

$50.00

$110.00

$100.00

$91.50
$50.00

$50.00

$65.00

$55.00

County Variance: Estimated Time Spent with Criminal Justice Debt

The following chart is an estimation of participant time owing court costs, fines, and fees. This is based
on their reported months, thus far, and months they will have remaining if payments continue at the
current rate.

Estimated amount of time spent in the system paying
(median values)

140
120

The Burden of Criminal Justice Debt in Alabama

$0.00

100
80

Months

58

60
16

40
20
0

11
12

35
16
6

12

36

60

51
27

24

102

24

48

12

18
24

24

Months remaining at current payment rate to pay total
How many months have you been in a situation where you owed court costs?

17

Summary: The Cycle
Increased financial burden is difficult in the context of rehabilitation. Court costs, fines, and fees
overwhelm other obligations (utilities, medical expenses, etc.). This is of particular note as 41% of those
surveyed statewide reported dependent children living in the home. Excessive court costs and fees
generate more crime and more victims as demonstrated in the diagram below.

The Burden of Criminal Justice Debt in Alabama

Crime
More
Debt

Prison

Debt

More
Crime

A significant percentage of the participants surveyed were persons living in poverty who experienced
acute obstacles in the areas of debt, ability to earn money, transportation, support network, and
penalties for non-payment including incarceration. Upon a closer examination of those reporting
incarceration for non-payment, circumstances were more desperate, typically exceeding those noted in
the non-incarcerated sampling.
It was clear in our interviews that a lack of understanding or coordination among multiple agencies has
produced a system of layered fees, duplication of supervision, and little uniformity. Competition
between municipal courts (private probation) and state courts for funds, drug law statues, driver’s
license suspensions, and unregulated supervision fees have a dramatic impact on an individual’s ability
to pay routine court costs and successfully exit the criminal justice system.

18

Unresolved debt over extended periods of time (80 months in Jefferson County) prohibits defendants
from moving forward with rehabilitation goals of employment, stable housing, getting a driver’s license,
and staying off drugs. Under current policies, the poorer the defendant the longer they are in the
system and the more they pay.

Qualitative Data
The following sections reflect a sampling of the comments offered by those interviewed regarding issues
most important to them.

On Owing in Multiple Courts
“By paying different sections of the courts, they don’t realize you are probably paying
each one separately which conflicts because no one is taking into consideration of how
much money you are already paying to other court systems.” Jefferson
“Lost job in June 2013, have three children to support and take care of my sick
grandmother. I have to pay two private probation offices. If I don’t, I will go to jail.”
(Asked if she could just go to jail and serve the time and get this over with) Jefferson
“Difficult and frustrating and easy to fail.” Tuscaloosa

On Fines Increased Because of Falling Behind
“The fees are way too high for the crimes and by the time you pay what you can afford
barely any goes to the fine. Most of it goes to late fees…you end up paying three times
the amount owed.” St. Clair
“So many fines, can’t pay on all. I’m late paying one because I’m paying on another. It’s a
vicious cycle. I’m now being sued by a payday loan because I cannot pay it back.”
Jefferson
“I think it’s a bunch of crap. It’s all about money, but I am going to do what I have to…to
keep my freedom.” Tuscaloosa
“Everything seems to be a trap.” Jefferson

The Burden of Criminal Justice Debt in Alabama

“I wish I could get them misdemeanors off me.” Jefferson

On Fees vs. Necessities
“My mom has to bring food home from where she works and do without to help me. I just
got out of prison in December and my disability has not started back yet.” Huntsville
“I have a fear of getting arrested because I can’t make my payments. The city will give
you 200+ days for not paying.” Jefferson
“It’s overwhelming, causes anxiety. I go to therapy because you are always scared they
will be knocking at your door. I have started using because of the anxiety.” Jefferson
“Going to the blood bank today to get gas money.” Tuscaloosa
“You go to jail if you can’t pay. I lost my apartment and got behind on bills.” Jefferson

19

On Employment/Unemployment
“Makes me feel like less of a man because I cannot support my family.” Jefferson
“I have five kids and get SSI. Not able to work due to my medical condition.” Mobile
“It is so hard to get a job because of my felony. If I could ever get a job, I could start
paying.” Jefferson
“I am a single mother of two. I’m unemployed at this time because of a felony record, have
been having a very hard time finding work. On the verge of being homeless with my
children if I don’t find work soon. I am hopeful that I will get myself out of this situation soon
for the sake of my innocent kids. With God’s help...” Mobile
On Transportation
The Burden of Criminal Justice Debt in Alabama

“Can’t get a license because of fees. I pay two probation fees.” Jefferson
“It’s difficult because I have to get someone to bring me and I work and go to school.”
Jefferson
“I spent 2 years in jail and got out and owe all this money. They pulled my driver’s license,
I have no home, and have to pay all this money. How do you expect me to pay? It is a
Catch-22 – can’t work if you can’t drive.” Tuscaloosa
“You get stuck because once your license is suspended you can’t register a vehicle, buy
insurance or tag. If you get another ticket, it kicks you back further. Very stressful, just got
married.” Jefferson
On Resources: Where do They Get the Money?
“Mom took out loans to help with court costs.” Jefferson
“I borrow money from my brother, mother, and grandmother.” Jefferson
“Criminal mischief. I took out student loans to pay on my case.” Huntsville
“It’s gonna take me over five years to pay the City of Birmingham/ Jefferson County. I am
on disability and can’t pay much.” Jefferson
“Current situation is overbearing. It leads to further incarceration. It creates a number of
problems in the community.” Montgomery

20

On Trying to Pay
“I don’t understand why court cost is usually more than the fine itself.” Marshall
“Strain – it gets stressful. Motivator – got to have it to have my freedom. Everything else
has to be put on the back burner to have freedom.” Montgomery
“I just pay to get it over with. I have stage 4 cancer.” Huntsville
“You have to respect the law, but it seems a lot for the offense.” Huntsville
“I am going to pay everything I owe. Its just been hard.” Mobile
“They get it when I get it.” DeKalb/Cherokee

The Burden of Criminal Justice Debt in Alabama

“I will owe when I leave this world. They come up with something new every day. I cannot
get a loan. I will be paying until the day I die. The fees keep coming. The fees and fines
are all they want.” -Jefferson

21