Abstract
System-impacted individuals often rely on others to provide financial support, which aids in the payment of legal-financial obligations (LFOs). LFOs comprise the fines, fees, restitution, surcharges, and assessments imposed on individuals who come into contact with the criminal legal system. Limited evidence suggests that this support can prompt stress and negative emotions for system-impacted individuals and their families. This study examines the process by which a matched sample of 125 men convicted of sexual offenses and nonsexual offenses in Missouri obtain financial support from others and how that process impacts their relationships. Secondary qualitative analysis of interviews with these men reveals that financial support may be governed by resource-sharing norms and LFOs can burden those who cannot pay by indebting them to others and adding “relational work” to their lives.
Legal-financial obligations (LFOs), also termed monetary sanctions, encompass the fines, fees, restitution, surcharges, and assessments levied on individuals who come into contact with the criminal legal system and are the most common form of criminal punishment imposed in the United States (Martin et al., 2018). Developing scholarship shows individuals assessed LFOs often lack the monetary resources needed to comply. Around half of Americans would not be able to afford an unexpected $400 expense like monetary sanctions without selling personal property or taking out loans (Colgan, 2020), and individuals assessed LFOs report forgoing basic needs like food, shelter, and hygiene to pay their debt (Beckett & Harris, 2011). Economic disadvantage leads some to rely on others to pay LFOs and provide instrumental support (e.g., housing, transportation, connections to employment, and basic needs; Boches et al., 2022; deVuono-Powell et al., 2015; Nagrecha et al., 2015). Family members of system-impacted people are often also struggling to make ends meet, so extra costs like monetary sanctions can be burdensome (Harris, 2016).
Consequently, Martin and colleagues (2018, p. 490) suggest that the literature would “benefit greatly from more robust qualitative work that brings to light the meaning people (i.e., debtors and their families) make of their debt.” I heed their recommendation by examining the (a) processes by which men under correctional supervision with LFOs secure financial support for their debt and (b) what those processes mean for their relationships. Using secondary qualitative data from interviews with a matched sample of 125 men convicted of sexual and nonsexual offenses in Missouri, I consider how individuals request financial support from others to pay their monetary sanctions. I expand the current research on LFOs by considering the process by which individuals secure payment support from family members, friends, and acquaintances and what the impact of this negotiation is on relationships with this variety of individuals rather than family alone. Findings from this study show how resource-sharing norms may play a role in LFO payment and how monetary sanctions can pose a financial burden for system-impacted persons and their social networks, but additionally encumber those with less economic means by indebting them to others and adding “relational work” to their lives. This study reveals the ways in which LFOs function as punishment and create harm even when their original intent may only be to recover criminal legal operating costs (Beckett & Murakawa, 2012). The current study has importance for policy and adds to the current literature because findings demonstrate how LFOs can reproduce social inequality. For those who cannot pay on their own, monetary sanctions may increase financial and social stress when individuals seek out others to help them pay. As such, scholars must continue to assess whether there is justification for LFOs if the outcomes of their implementation extend beyond the financial penalty (Boches et al., 2022).
The Financial Demands of Criminal Legal System Contact
Existing literature examining the financial impacts of criminal legal system contact investigates the effects of imprisonment on the family and mainly female relatives (Condry & Minson, 2020). Scholars argue that wives, partners, and mothers of incarcerated men take on a support role as a “primary occupation” (Condry, 2007, p. 55), and partners of incarcerated men act as “secondary, or surrogate, correctional officers” when they assume the costs of and encourage compliance with the conditions of incarceration. Frequently, female family members provide financial support when they visit imprisoned relatives, coordinate legal representation, provide money for commissary and phone use, and send packages (Christian, 2005; Comfort, 2008; Condry, 2007).
Far less is known about the financial role families, friends, and acquaintances play in the community and in assisting justice-impacted relatives with LFOs. Researchers estimate that somewhere between one third and two thirds of individuals with legal debt garner monetary assistance from their families to pay the sanctions (Cook, 2014; deVuono-Powell et al., 2015; Gleicher & DeLong, 2018; Nagrecha et al., 2015), and families of adults with LFOs may take out loans, take time off work, have wages garnished, have tax refunds withheld, and pawn valuable assets to pay (Boches et al., 2022; deVuono-Powell et al., 2015). In addition to monetary assistance, people with legal debt often rely on family for instrumental support for the transition, including housing, clothing, food, transportation, and connections to employment (Boches et al., 2022; Cook, 2014; deVuono-Powell et al., 2015; Nagrecha et al., 2015).
Limited evidence suggests that monetary sanctions can also engender stress and conflict within families. Parents of children with LFOs experience anxiety, anger, frustration, and resentment, weakening relationships with their children (Campos-Bui et al., 2017; Paik & Packard, 2019) and children report worry, stress, and arguments with parents (Campos-Bui et al., 2017). Adults with LFOs discuss feeling guilty about relying on family to pay and relay limited ability to address their debt on their own (Boches et al., 2022; Pleggenkuhle, 2018). Furthermore, criminal records can be a barrier to finding gainful employment while monetary sanctions simultaneously continue to mount, resulting in low credit scores and an inability to find housing, making some with LFOs especially reliant on others (Nagrecha et al., 2015). Unpaid legal debt may additionally provoke conflict within families when financial resources are reallocated to paying them instead of going toward household expenses (Boches et al., 2022). Finally, people with monetary sanctions and their families describe fearing reincarceration of their family member if costs go unpaid (deVuono-Powell et al., 2015; Nagrecha et al., 2015). In some instances, probation officers appear to leverage this fear to collect unpaid debt from family members, causing strain for both those assessed LFOs and their families (Boches et al., 2022).
Theoretical Framing: Resource-Sharing Norms, Relationships, and Well-Being
To show how individuals garner financial support for LFOs and ways in which LFOs may impact different types of relationships, I draw on literature that emphasizes the role societal norms play in financial resource sharing. Resource-sharing norms refer to the relationship-specific, “scripts of expectations, obligations, and types of actions that are considered appropriate” (Lubbers et al., 2020, p. 68). Norms of reciprocity and obligation govern the way social networks share financial resources and therefore how social networks assist in LFO payment. While social networks often provide important financial resources out of a sense of obligation for others’ well-being, financial resources may come with the expectation of reciprocation (Portugal, 2009).
However, the type of reciprocation depends on the relationship at hand. Family members may feel a moral imperative or duty to provide financial help to relatives (Curry et al., 2019), only expect that they be repaid at some later date in their lifetime, and not anticipate being repaid using the original mode of transfer (Portugal, 2009). Reciprocity among relatives has therefore been termed “generalized reciprocity” (Portugal, 2009). For example, families who provide cash to relatives for help with LFOs may not expect to be paid back in cash within a predetermined time frame. In contrast, friends tend to only provide financial resources to others with whom they share close emotional bonds, may anticipate repayment of the financial support using the same means by which it was originally paid, and in a short amount of time (Nelson, 2000). For instance, if a friend loans another friend cash to pay LFOs, they may expect it to be paid back in cash and within a few weeks. Friends, therefore, count on “balanced reciprocity” when sharing financial resources (Portugal, 2009).
The effects of LFOs reverberate far into individuals’ social networks because of societal norms around resource sharing, potentially causing relational difficulties between the person assessed the LFOs and their family, friends, or acquaintances. First, individuals with monetary sanctions who are economically disadvantaged may seek out financial assistance from other economically disadvantaged people, limiting the group’s ability to accumulate capital (e.g., deVuono-Powell et al., 2015). Individuals tend to form social networks (e.g., family, friends, and acquaintances) with others that are similar to themselves in terms of gender, race, education, and social class termed “homophily” (McPherson et al., 2001). Consequently, most economically disadvantaged people who receive support from others also provide it to them (Harknett & Hartnett, 2011). Desmond (2012, p. 1306) refers to these relationships as “lateral ties” when people form relationships with others who occupy a similar socioeconomic position to themselves. Lateral ties can deepen poverty and exacerbate instability for those providing support (Desmond, 2012).
Secondarily, LFOs may create an emotional upset or alter the power balance in relationships via the norm of reciprocity. When family members do not or cannot give others financial support, the individual asking for support sometimes experiences emotional damage and perceives a lack of love or rejection (Lubbers et al., 2020). To avoid rejection, some individuals may opt not to ask for financial support (Offer, 2012). In opposition, continuous support from family members exhausts resources quickly and can cause conflict when reciprocation cannot be met. Even when there is not a clear expectation of a repayment date, normative behavior dictates that resource sharing must be repaid, leaving those who received the financial support in debt of others (Lubbers et al., 2020). Individuals with LFOs who are economically disadvantaged may have trouble adhering to the norm of reciprocity because of their outstanding debt and limited access to employment, potentially causing conflict and an imbalance of power in the relationship (e.g., Nagrecha et al., 2015).
Third, LFOs may prompt individuals to expend effort building, maintaining, and severing ties with others to meet their obligations. Garnering financial support requires individuals to engage in “relational work” which is defined as the “creative effort people make establishing, maintaining, negotiating, transforming, and terminating interpersonal relations” (Zelizer, 2012, p. 149). Creating many new “weak ties” may allow individuals to meet their economic needs on a day-to-day basis when individuals search for relationships with others who can provide money or instrumental goods (Granovetter, 1974). However, when the borrower is economically disadvantaged, it may be difficult for them to reciprocate. In that case, they may dispose of the relationship entirely. These disposable ties are characterized by emotional volatility, and breaking these bonds can result in misgivings and distrust (Desmond, 2012). Reciprocation of financial assistance with LFOs, therefore, requires additional labor to repay the lender or additional relational work to break or maintain a social bond. Given the financial demands of criminal legal system contact and relational work involved in garnering financial support from others, this study seeks to address two research questions:
Method
Study Site
This analysis draws on data from two related studies that considered the experiences of system-impacted people in Missouri. The first study employed a matched sample design where individuals convicted of sexual offenses were oversampled and compared with persons not convicted of sexual offenses. This sample included individuals on probation, parole, and in prison at the time of their interview, but all participants had been on parole in the past (Huebner et al., 2013). The second study only included individuals under probation and parole supervision (Pleggenkuhle, 2018) and was designed to recruit more individuals with nonsexual offense convictions for matched comparison against the original sample.
Missouri is a suitable location for the study of LFOs because individuals are typically assessed for both sentencing and post-conviction costs. Individuals in Missouri on community supervision are required to pay a monthly “Intervention Fee” of $30 which funds supervision-related costs. In the past, individuals on community supervision in Missouri were assessed specific fees for substance abuse assessment and treatment, mental health assessment and treatment, electronic monitoring services, residential facilities services, and employment placement services, but now they are subsumed under the single “Intervention Fee” (Missouri Department of Corrections, 2021b). Individuals convicted of sexual offenses are additionally assessed an average of $35 per week for sex offense-specific mandated treatment and an annual or biannual $250 polygraph. These costs have remained stable since the study data were collected from 2010 to 2012.
Data
Both studies relied on the same sampling strategies. Individuals were recruited to participate in the studies via four community supervision offices, one community program center, one state-run transitional housing facility, and one prison in Missouri. Recruitment locations were purposefully selected to maximize sample diversity across the state and to capture a range of offense types (Cresswell, 2012). Potential participants on probation and parole were recruited on random reporting days at community supervision offices, the community program center, and the transitional housing facility. Researchers waited at each of the facilities on days where probation officers met with potential participants to hold interviews on the same day and maximize participation. At the completion of meetings with clients, probation officers invited individuals to participate using a short explanation of the project. Then, researchers were able to meet with participants, answer any additional questions about the study, and conduct interviews. Potential participants in prison were recruited with assistance from the Department of Corrections’ facility supervisors. Corrections personnel were given an institutional review board (IRB)-approved noncoercive script to read to potential participants. After individuals in prison agreed to participate, corrections personnel helped arrange interview times with researchers.
In total, 131 men under correctional supervision participated in the studies, and data were collected from 2010 to 2012. Each of the participants engaged in one semi-structured, in-depth interview. Interviews were digitally recorded and transcribed and lasted approximately 1 hr. Each participant was assigned a unique pseudonym and interview transcripts were imported into the qualitative coding software NVivo for analysis. Except for those who were in prison at the time of their interviews, each participant was offered $20 for their time. Approximately 74.8% of participants were on parole, 8.4% were on probation, and 16.8% were in prison at the time of the interviews. Additional sample criteria stipulated participants had experienced a recent release from prison or conviction so they would have community supervision-related experiences to discuss.
Individuals convicted of a sexual offense were oversampled, but many participants convicted of sexual offenses also reported having engaged in property and drug offenses. Based on the 131 participants’ most recent conviction, 55.0% of the sample were convicted of a sexual offense, 17.6% were convicted of other person-related offenses, 14.5% were convicted of property offenses, and 13.0% were convicted of drug offenses. Importantly, the participants’ narratives cannot be generalized to the broader population of individuals who have been assessed LFOs but instead provide a detailed picture of how this particular sample of men navigates payment of monetary sanctions. While criminal convictions in general may be quite stigmatizing, sexual offenses convictions may compound both structural and social stigma. Individuals with these convictions are statutorily limited in where they live and work and are socially stigmatized because citizens may perceive this group as more dangerous than persons convicted of other offenses (Huebner et al., 2019). Thus, the narratives presented in this analysis may reflect experiences where individuals receive less social support than persons with other conviction types. Approximately one-third of the men were non-White (29.8%) and participants were, on average, 38 years old. 1 A little less than half (47.7%) of the participants on probation or parole were employed at the time of the interview and the median hourly wage for those employed was $8. Around two thirds (60.3%) of participants possessed at least a high school diploma or GED (graduate equivalent diploma).
Interview Materials
Interview guides for both studies were created with prior research in mind that addressed community supervision experiences (Visher et al., 2004) and specific experiences with LFOs (Beckett et al., 2008; Diller et al., 2009). Participants were asked to recall experiences with employment, social support, and housing, enumerate their LFOs, and describe their experiences with them. LFOs assessed at the time of sentencing (e.g., court costs, restitution, public defender fees, fines, and victim harm fund contributions) were triangulated with publicly available court data. I define “financial support” as the monetary assistance and other instrumental support received by individuals with LFOs because individuals rely on piecemeal support in the form of housing, transportation, connections to employment, and basic needs to be able to pay LFOs (Boches et al., 2022; deVuono-Powell et al., 2015; Nagrecha et al., 2015) and differences in the provision of monetary assistance and instrumental support are primarily attributed to socioeconomic status rather than culture (Sarkisian et al., 2007; Sarkisian & Gerstel, 2004).
To address how individuals negotiate financial support, participants were asked questions about how they pay their LFOs. For instance, after asking individuals to enumerate their LFOs and other monthly expenses (e.g., housing, transportation, and basic needs) researchers asked individuals questions like, “How are you paying for your fines and fees?” and “Do you have other people support you financially or do you have to cover your expenses?” To assess the implications of negotiation on relationships, participants were asked how LFOs affected their time in the community and how financial support made them feel. For example, participants were asked, “How have fines and fees affected your time on parole/probation?” and “Does owing money to the state affect your life at all?” After providing information on receiving financial support, participants were asked, “Has receiving financial support for LFOs had any effect on your relationship?”
Analysis
Interviewers for this project adopted a “constructivist epistemology,” meaning researchers focused on the structures and contexts in which participants are embedded to capture an intense level of understanding about who exerts control over what processes (Charmaz, 2014). Thus, I was able to assess how participants conceived of financial support with LFOs under the broader locus of correctional control and embedded within their social networks. Given existing research that suggests individuals with monetary sanctions rely on others (e.g., Nagrecha et al., 2015), I used a modified grounded theory approach to analyze the data (Corbin & Strauss, 2008). I coded data inductively but with the sensitizing concept “independence” in mind. These initial starting points for analysis are termed, “sensitizing concepts” because they guide researchers along a particular path of discovery (Blumer, 1954).
The data were first coded line-by-line, meaning small sections of words were given a basic description to specify what that portion of data represents (Glaser, 1978). Open coding cataloged all references to LFOs and how participants paid them. In all, 125 of the participants made references to LFOs and enumerated them during interviews. Then, I used Charmaz’ (2014, p. 148) modified axial coding framework as a focused coding strategy. This strategy involved mapping out the components of financial support negotiation in an idea web and writing analytic memos to develop and revise codes using the constant comparative method. I compared segments of data within and across interviews to confirm the presence of thematic patterns and identify any “deviant cases” that would invalidate such patterns (Glaser & Strauss, 1967).
Findings
Participants reported paying for sentencing costs including court costs, restitution, public defender fees, fines, and contributions to the state victim harm fund. Participants also reported post-conviction costs including supervision costs (“intervention fees”), polygraph testing, urinalysis testing, educational programs, and mandated treatment. Of the 131 men, 79.1% were assessed sentencing costs, and 71.0% monthly post-conviction costs. The range of sentencing costs ($10-$20,000) and monthly post-conviction costs ($15-$270) varied widely, but the median amount of sentencing costs was $256 and the median amount of monthly post-conviction costs was $30. 2 A little more than one-fifth (21.1%) of participants stated their $30 monthly intervention fees were waived at the time of their interview. Probation or parole officers had discretion over waivers based on income or receipt of public assistance, but most costs are waived for the first 3 months after release from prison.
LFOs left family members, friends, and acquaintances responsible for many needs of the participants including payment of their monetary sanctions, housing, transportation, connections to employment, and basic needs. Most of the 125 (90.4%) participants who discussed their LFOs described receiving some level of financial support, whether instrumental (through housing, transportation, or employment) or by directly borrowing money to pay the sanctions. Total lack of financial support was rare; only 12 of the 125 participants described not having any monetary assistance or instrumental support from others. The majority (75.0%) of those participants described relying on financial support from nonprofit organizations to pay LFOs. The remaining three participants paid LFOs using pension funds, Social Security Disability Income, and income from full-time employment. Participants in this study relied on a wide variety of others for financial support with LFOs, ranging from extended family to acquaintances, but the narratives suggested that female family members shouldered a large portion of LFO costs.
Indebtedness to Family Members: “She’s Sort of Like the PO”—Calvin
Participants stressed family members were committed to helping them pay LFOs. Participants felt inclined to pay relatives back in the long term, remain free from system contact, or both. These unbalanced arrangements prompted emotional upset in participants because they were concerned about not being able to reciprocate. In some instances, participants relayed their family members were worried about them returning to prison, obliging them to provide financial support. Family members went to great lengths to help pay LFOs (e.g., working more than full-time, locating odd jobs) for fear that their system-impacted relatives would return to prison. Participants seemed keenly aware that without financial support from family members, they risked probation or parole violations and re-incarceration and sometimes feared being socially and financially cut off from relatives.
Anthony described when he was released he was unemployed and he drove, “about 100 miles a week” to treatment related to his sexual offense conviction and paid, “$30 a month” for intervention fees, “plus $30-35 a week” for treatment. Anthony’s sentencing costs included $500 for a public defender and $68 to the state victim harm fund. Anthony signaled his wife’s obligation to care for him when he noted, “she won’t complain, she hasn’t missed a day of work in 15 years” and explained, “there’s an element of my wife and I love her dearly for it, of saviorism and protectorism, she watches out for me probably 100 times more than I do.” Although his wife acted as his “savior” and “protector,” he highlighted the emotional distress this unbalanced arrangement caused, stating: We’re putting all this money out for classes and this that and the other . . . and there was times I was in tears. Because I wanted to be working so bad, and I knew my wife was really struggling, really struggling, she was working 70-80 hours a week, just to keep the roof over our head.
Anthony was frustrated he could not reciprocate the financial support and noted that his wife regularly threatened to leave him if he went back to prison, expressing, “It happens every day, and she told me the day I was released, she told me the whole time I was in, she said, ‘You ever come back to prison on another offense, I’m gone.’” Anthony’s wife was willing to provide financial support but only under the condition that he remained crime free.
Randall owed, “like $900” in court costs and, “$30 a month” for intervention fees related to a weapons violation. When asked if he had to pay for drug testing, he replied, “I think she [parole officer] just told me it was uh, $125” one-time fee. Randall also owed a $65 fee to the state victim harm fund. In addition, Randall stated intake for drug treatment “costs like $130” and the actual course, “would probably be another $120.” Randall was unemployed at the time of his interview and noted “I’m basically livin’ off my wife” to pay LFOs. Randall explained, “She’s willing to do this because she know in due time I will work, I love to work, I’ve been working since I was 15. And she’d rather me, she’d rather maintaining it than me go out and risk goin’ back to jail.” Participants noted family members would prefer to pay LFOs than see them reincarcerated, but family members also stipulated they would not provide support without agreement the participant would eventually find employment and reciprocate the lending.
Calvin owed, “$10 and something” for court costs related to a property offense. He explained his children’s mother, “would send me money from time to time and you know, they take so much off,” meaning the state had garnished his commissary funds to pay LFOs. He owed money on a, “previous case, on that intervention stuff. And that’s like $870.” He also owed $50 for a public defender fee and “$26 I think” for the state victim harm fund. Calvin discussed he had, “to pay $30 a month to come here [community supervision office]” and “I have to go to anger management and substance abuse,” but was unsure how much the classes would cost. When asked how much he pays in rent, Calvin stated, Well, I give my kids’ mother a hundred dollars every two weeks. But she’s sort of like the PO officer. She’s giving me a break right now. Until I find a job. So it’s basically like I’m caught between a rock and a hard spot, because I have to pay all this over here for the PO, and then I have to pay her. She’s not saying that she doesn’t want my money, she’s just saying I don’t have to pay it right now. But I still gotta make that up for her when I get the job so basically, it’s like I’m gonna be working for free. Cause I gotta pay this off, and I gotta pay her.
Although Calvin noted he would eventually repay the financial support from his children’s mother, he felt indebted to her as surrogate, “PO.”
In addition, Robert was obligated to pay the $30 per month intervention fee and a $68 fee for the state victim harm fund for a property offense, but family members helped support him financially: They helped me a lot. They put clothes on my back. They put a lil, when they can they a little change in my pocket, put food in mouth, you know what I’m sayin,’ till I go apply for me some stamps myself. And uh they make sure I’m doing the right thing. Stay away from my old negative friends, know what I’m sayin,’ and be around my family. Cause I wasn’t around my family then, I was on my own. So by me being around my family, they make sure I stay in line a lot, and they just love to see me back home with ‘em.
In exchange for financial support, family members made sure he stayed away from friends who might be a negative influence on his ability to remain out of prison. These participants’ family members paid their LFOs with little initial hesitation, but because the participants could not reciprocate in a balanced way, they became indebted to their relatives and relatives pushed them to remain free from justice system contact.
Although most of the narratives were dominated by concerns about reciprocity, there was one instance of unconditional support that did not fit with this theme. It was not possible to determine the motivations for this arrangement made without reciprocity from the narrative. Raymond discussed his ex-wife, “sent $200” for LFOs despite their divorce. He stated, “She said ‘I don’t need the money back.’ She still is working yet. She’s beyond retirement age and we talk at least once a week.” While some of the relatives mentioned in the preceding narratives stated they did not need to be paid back right away, the relatives asked for payment at some later date.
Loan Agreements and Informal Work: “You Just Gotta Find Somebody That’s Willing to Work With You”—Barry
Participants conducted relational work to make loan agreements and find informal work to pay LFOs with family, friends, and acquaintances. Participants did not state this form of negotiation impacted their relationships negatively, but they made considerable efforts to reciprocate and locate opportunities. Sometimes, these negotiations appeared to impact participants in a positive manner when they described that their abilities to do trade and informal work made them feel like they could contribute something to the relationship. Terry was in prison at the time of his interview but explained he had relied on family in the past to pay LFOs. At his most recent release, he owed $46 to the state victim harm fund, “a $5,000 fine and $3,000 restitution” related to a sexual offense conviction. He described his monetary sanctions “were paid by my family and I cosigned and repaid them loans.” He conveyed this agreement was mutually beneficial because he had been working with his father and a partner to install flooring stating, “We worked on our own and we were self-employed. That was an ideal situation.” In exchange for the loan, Terry helped his father generate income.
Likewise, Barry owed $120 in court costs and $68 to the state victim harm fund related to a drug conviction, both of which were paid by the time of his release via garnishment of his inmate commissary account. When he was released, he paid intervention fees at “$30 every month.” Barry described his friends, “have just been my backbone” and he borrowed, “anywhere between a hundred to two hundred” dollars from them, “every month, at least once a month” to pay LFOs. He noted borrowing money made his relationships with his friends, “become stronger.” When asked why, he stated, “Because they see, you know, I’m not just asking for a handout, but you’re willing to give them something for what you’re asking them to give you.” Barry discussed he paid back money whenever he borrowed and offered to exchange informal work: I try to give it back so if I ever need it again. I try to do work for it. Whatever I can offer. Move, cut the grass, take out the trash. Paint. Whatever I can. So I just don’t ask for it, say, “you got some work I can do?”
Barry described, “I’m willing to do whatever need to be done, you just gotta find somebody that’s willing to work with you,” convincing people he would reciprocate.
Leroy’s court costs were waived, but he owed $46 to the state victim harm fund and, “almost $400” in back intervention fees associated with a weapons violation. He also discussed he owed a private attorney, “like $6,000.” To pay his intervention fees, he participated in informal work with friends: My friend had a truck so we did a, like a lot of hauling. Stuff like that. Cause it was hard to find a job. We did a lot of hauling, like junk stuff, move people, furniture like stuff like that. But I never really had no job, for real.
Leroy explained he looked for work by asking others. He further noted he occasionally worked construction: Uh, like it’d be construction. Like somebody would be short, some people here pay us like $80 to $100 to go work for the day. Knock on doors, handing out fliers. Like any kind of little things anybody will pay me for, for real. That’s legal.
Leroy looked for work, “On Craigslist. Snag-a-job. I ride around, walk.” He explained his ex-girlfriend also used to provide him with opportunities, stating, “Like I used to do stuff around the house for her. And like I used to get paid for it. So it was like I was working for real.” He noted family members were willing to loan him money, “Cause I guess they knew they’d get it back in return.” Leroy engaged in relational work to find informal employment and diligently repaid others whenever he borrowed money.
Similarly, Vincent described that he was assessed, “around $3,000” in court costs and restitution for driving while intoxicated (DWI), but had paid a portion, so, “it’s down to about $1,100.” He explained he paid his LFOs by piecing together income from carpentry jobs found through word of mouth: It’s kind of like a network type deal. More word of mouth. First people I did a job for, they knew that I really needed the job.
When asked if he had any trouble finding work because of his criminal record, he stated: Well no, I’ve been upfront with everybody, cause most people I work for, they all know me. Generally, there were people through my parish, and uh, through them they introduced me to somebody else.
Relational work with others at his church led Vincent to more opportunities. He described he maintained connections at his church by going, “to mass as many times as I possibly can. When I was at home I went every day.” Participants who relied on informal work from others and used loans to pay their LFOs built trust with individuals in their community and their relatives.
Appeals of Necessity: “I Know They Know It’s for a Worthy Cause and I’m not Sittin’ Here Throwing Money Into the Sewer”—Ray
Participants conducted relational work to convince their social network that they were worthy of financial support and some stressed they only used this tactic when in dire need. Individuals in this study convinced others that their monthly expenses were insurmountable, they could not find employment, or they had difficulty providing for their children. Concerns about reciprocity also dominated these discussions and participants feared becoming indebted to others even if they thought their social networks would initially be willing to help. Thus, participants primarily reserved this negotiation technique for emergencies, limiting the short-term mobilization of financial support. LFOs added to participants’ stress by increasing their financial responsibilities and creating fear around the consequences of non-reciprocation.
Ray explained the intervention fees associated with his robbery conviction were hard to pay: Like that 30 dollars a month—I have to, every month. My utilities. I know the day my rent is due on the 1st. After the 5th they charge you a late fee. Then, all my bills come at one time. Like the middle of the month, like the 17th and the 18th in that month, all of that comes at once. And see that, that kind of has me on a tug of war. See sometimes I have to skip paying them so I can make sure that I can pay my rent. And my utilities. And then sometimes it kind of hurts me when I do that.
Ray stated he was behind on the intervention fees when he said, “I am down $30.” When asked if he borrowed money or asked for loans, he said he tried to avoid it: Cause I don’t like to owe anyone. It’s bad enough I barely can make ends meet, take care of my necessities, for in my household. I just don’t like that. I mean, to them, I wouldn’t mind asking them, because I know they know it’s for a worthy cause and I’m not sittin’ here throwing money into the sewer, saying here you can have it.
Although Ray relayed that he would not mind asking for help in times of emergency, he preferred to avoid it for fear of becoming indebted to others.
Troy discussed he owed, “Court fees. I have court fees for being in this county jail. They charge you 30-something dollars a day” and was, “there for like four months” for robbery and assault convictions. He estimated fees associated with incarceration amounted to, “$3,600 just on that alone.” Troy also owed, “$30 a month” for intervention fees, and stated he paid court costs when he said, “I think that was like $64.” Troy noted that if he engaged in relational work with his siblings he would be able to get financial support, but tried to avoid asking: So if I needed some money from any one of my siblings, and if they know what it’s for and I need it, quite sure they’d give it to me. But. I don’t know, just prideful like that. I wouldn’t ask. I think they did enough. They did me right. And I should be able to take them, what they give me and show them that I can succeed. And then return the favor to them.
Troy’s siblings would give him money if he had a dire need, but he described “it’s got to be stressful for them.” Relational work was a last resort for Troy because he wanted to be able to reciprocate.
Ricky explained he pieced together income from, “tattooing. And right now I’m doing construction” as well as, “some side work with my father and uncle.” The income did not cover his expenses because, “My fiancé, you know, we’ve got three kids, plus I’ve got two more without her. So, no. It doesn’t cover mine.” He thought he paid a, “couple hundred bucks” in court costs and a, “couple hundred bucks to victim’s comp” for a property offense conviction and parole violations, but the, “only thing I haven’t paid is the intervention fees” for which he owed, “300 bucks.” When asked if he had to go to his family for help paying LFOs stated, “Lately I have. Lately I have. That just kills me.” When questioned if borrowing money was stressful or affected his relationships, he said, “Sometimes, yeah. But they also know that I’m being a great daddy, and doing my thing. I’m clean. Back in the day it didn’t used to be like that.” Although borrowing money from his family could be stressful, Ricky was able to convince them paying LFOs would help him take care of his children. Even when participants relayed their social network did not mind supporting them financially, they had to justify support with appeals of necessity.
Discussion
The goals of the current study were to examine (a) how men under correctional supervision negotiate financial support from family, friends, and acquaintances and (b) how those processes impact their relationships. Resource-sharing norms impacted the way participants garnered financial resources to pay LFOs, and LFOs posed a financial liability for those assessed and their social networks but additionally burdened those who cannot pay them by indebting them to others and adding relational work to their lives (Zelizer, 2012). Once the monetary sanctions became debt owed to the state or social networks, they engendered additional harm beyond limiting the group’s ability to accumulate capital (deVuono-Powell et al., 2015). This study reiterates work which emphasizes that the criminal legal system exacts punishment on individuals convicted of crimes and legally innocent persons through LFOs (Boches et al., 2022) and therefore highlights the need to reevaluate how LFOs are implemented.
The first theme revealed participants did not have to engage in much initial negotiation to elicit financial support from family (Portugal, 2009), but the inability to reciprocate financial support left them indebted to relatives. Participants described relatives took on a managerial role, describing them as “saviors,” “protectors,” like “POs,” and that they kept them “in line” (Comfort, 2008; Condry, 2007). The current study extends the existing literature on LFOs by demonstrating financial support with LFOs is used as a point of leverage to exact “good” behavior and engenders relational conflict via this power imbalance (Comfort, 2008). In line with prior research, participants’ discussions about their female relatives, in particular, were imbued with language about control of participants’ behavior. This work importantly underscores Comfort’s (2008) assertion that just as female partners of incarcerated men act as surrogate correctional officers, female family members can assume the role of surrogate probation or parole officers. LFOs extend the reach of penal control into the family, far beyond their typical intent to recoup criminal legal system operating costs (Boches et al., 2022).
LFOs promoted stress and fear of rejection due to the inability to reciprocate. As Lubbers and colleagues (2020) suggest, rejection from families in times of poverty is problematic, given individuals in poverty face exclusion from the formal labor market and unstable housing. For individuals with criminal records, the risk of exclusion is even further amplified (Lageson, 2016; Pager, 2003). Monetary sanctions doubly encumber those who cannot pay with financial debt and relational difficulties associated with indebtedness to relatives. This finding provides nuance with respect to studies that show families are key sources of support for system-impacted individuals (e.g., Fahmy & Wallace, 2019; Laub & Sampson, 2003). LFOs may place stress on relationships, potentially hampering individuals’ ability to live in the community successfully.
Findings from this study also revealed individuals made loan agreements and located work in the informal economy to garner financial support for monetary sanctions. In doing so, individuals conducted extensive relational work to build trust with others (Zelizer, 2012). Participants located opportunities for odd jobs (e.g., mowing lawns, taking out trash, helping people move, handing out fliers, and hauling scrap) and trade work (e.g., painting, construction, and carpentry) for cash by making connections with others. These more formalized agreements satisfied participants’ concerns about balanced reciprocity and sometimes made participants’ relationships grow stronger (Nelson, 2000). While these individuals did not state that their relationships were negatively impacted by loan agreements and informal work, it is important to note they expended considerable effort locating support. Not only do LFOs exacerbate time costs associated with attending court and communicating with criminal legal system actors (Martin et al., 2022), they also appear to increase time costs in the form of building and maintaining relationships with acquaintances for informal work.
Loan agreements and informal work were present in conversations about financial support received from family, friends, and acquaintances. Building on LFO literature (e.g., Boches et al., 2022) and literature on the financial impact of incarceration (e.g., Comfort, 2008) which almost exclusively focuses on support from family, the current study provides new information that men with monetary sanctions make connections with others who they hope will foster long-term financial support. While this group created new bonds to fill their financial needs, these bonds did not seem truly “disposable” (Desmond, 2012). Instead, participants who used loan agreements and informal work to pay their LFOs went to great lengths to provide balanced reciprocation in a timely manner in case they needed future financial support.
Individuals who engaged in informal work to pay monetary sanctions typically had experience working in trades, making them more trustworthy to others from a reciprocation standpoint, whereas, individuals without this experience were at a considerable disadvantage to reciprocate. Participants’ narratives were peppered with a discussion about how minimum wage employment was not enough to cover their expenses or they could not find employment due to criminal records, making trade work and informal work especially valuable. The current study builds on prior research which shows that LFOs reproduce social inequality by saddling economically disadvantaged men with additional debt (Harris, 2016) but brings to light how LFOs can exclude individuals who lack trade work experience from the exchange. When community members only exchange resources with innocuous individuals who are able to reciprocate, individuals with even fewer resources are likely to be further disadvantaged (Raudenbush, 2016). In the end, men who cannot pay monetary sanctions tend to end up in a “Kafkaesque position” where costs continue to mount and debt gives rise to even greater risks in their lives (Colgan, 2020, p. 34), including disruption to a wide variety of relationships.
Policy Implications
Although the participants in this study often did not have the means to pay, they were routinely assessed LFOs at the discretion of system actors during sentencing and while on community supervision. Although some states have clear standards to waive LFOs at sentencing and during community supervision, many lack the appropriate mechanisms to systematically determine a person’s ability to pay and instead rely on system actors (e.g., judges, probation and parole officers) to discretionarily determine it (Friedman et al., 2022; Ruhland et al., 2021). Thus, jurisdictions utilizing LFOs should improve or establish the path to legal indigence. Although some participants in this study held gainful employment with sustained income, most would qualify as legally indigent. As is the case in Missouri, state-mandated court and community corrections’ assessments of indigence may ask defendants to enumerate their entire household income, regardless of whether they share that income with their household. Indigence is notoriously difficult to demonstrate because individuals may not have the required information necessary at the time of the legal hearing or when communicating with probation and parole officers (Boches et al., 2022; Friedman & Pattillo, 2019). For instance, individuals in this sample may not know or be able to document their household income, or household members may be unwilling or unable to provide financial documentation to this effect (Boches et al., 2022; Friedman & Pattillo, 2019). Probation officers additionally may assess probationers’ material goods (e.g., car, clothing, cell phone, cigarettes) and determine whether the individual can pay but is choosing not to pay, potentially exposing them to additional sanctions like incarceration (Friedman et al., 2022; Ruhland et al., 2020). Participants in this study reported regularly sharing material goods with family and friends (i.e., cars and clothing), which could potentially influence probation and parole officers’ assessments.
Eliminating requirements that individuals enumerate their household income and reducing some system actor discretion may reduce LFOs’ disparate impact. Discretionary imposition of monetary sanctions at sentencing may be reduced if courtroom personnel are required to use bench cards with clear guidelines to evaluate the individual ability to pay, rather than the household ability to pay, and “willful nonpayment” (Friedman et al., 2022). A bench card contains a summary of information that courtroom personnel must consider when evaluating ability to pay and sample questions to ask when determining ability to pay (see e.g., Washington State Supreme Court Minority and Justice Commission, 2018). In the case of the current sample, bench cards could eliminate the ability of judicial actors to make decisions about ability to pay based on sharing material goods with others and instead determine whether the particular individual receiving the sanctions, as opposed to the household, has access to stable income. Ruhland and colleagues (2021) additionally suggest that the language in statutes governing ability to pay community supervision costs could be made clearer. For example, even when states recommend certain conditions (e.g., mental and physical health) be taken into account when imposing community supervision costs, statutes may not provide language about how the conditions should be considered. Other scholars have recommended the use of graduated LFOs based on income to reduce some of the disparate impact of the sanctions on those with limited economic means (Link, 2019; Pleggenkuhle, 2018). This type of graduated LFO is referred to as a “day fine” and is commonly used in European nations (Hillsman, 1990; Kantorowicz-Reznichenko, 2018). Similar to the use of bench cards, it is necessary to recommend any use of day fines be calculated using the system-impacted person’s income rather than their household income. Under the day fine model, participants in this sample would likely qualify for significantly reduced or eliminated sanctions based on minimum wage employment or lack of employment.
Limitations and Future Directions
This study provides new information about how men with LFOs garner financial support from others outside what is traditionally considered “family” and what impact they believe that process has on their relationships but did not address how participants’ social networks conceived of this financial support. Future research in this arena should ascertain how those who provide support for monetary sanctions think about it for a fuller understanding of LFOs’ reach (see also Boches et al., 2022). It is also important to note that the data used in this study were collected from 2010 to 2012, prior to the onset of the COVID-19 pandemic. The pandemic affected some interpersonal relationships because governments implemented social distancing policies that cut off many persons from their friends and family (Saladino et al., 2020). As people have become more isolated, they may have fewer resources to draw upon than the individuals in this sample. Future research should address how the pandemic has affected access to social support and the potential long-term collateral consequences.
Slightly more than half of the men in the sample had been convicted of a sexual offense, which potentially exposed them to structural and social discrimination. Existing scholarship shows people with sexual offense convictions can have strong familial support but may have trouble making and maintaining relationships with friends and are often statutorily limited in where they can live and work (Huebner et al., 2019). Given this limited access to resources, it is likely the majority of the sample had less access to instrumental goods and social support from friends than persons with other conviction types. Future research should address whether the themes in this analysis can be applied to other groups.
Moreover, questions about how gender and race impact the negotiation of financial support were outside of the purview of this study. Researchers were only able to complete interviews with four women. These interviews were excluded because they differed substantially from the interviews with men and there was insufficient theoretical saturation to analyze their interviews separately (Charmaz, 2014). As the purpose of the original study was to understand the experiences of individuals convicted of sexual offenses compared with those convicted of nonsexual offenses, women proved particularly difficult to reach at the field sites. Hoppe (2016) estimates that only 2% of the individuals required to register with sex-offense-specific databases are women. Further, men and women tend to have different approaches to finances and may communicate in different ways (Basow & Rubenfeld, 2003; Newcomb & Rabow, 1999), potentially impacting how they negotiate financial support from others and how they view the impact of negotiation. For example, the women who completed interviews discussed a desire to maintain relationships with their adult or minor children and that they tried to stay away from making friends and acquaintances who could potentially assist them with LFOs. Instead of searching out informal opportunities for work to pay LFOs, the women typically sought out employment in the formal economy. The women reported that they relied on friends and family for housing at times, but more research is needed to explore how the women negotiated this support and how they perceived it.
Participants in this study identified primarily as White men and relied on many different support sources, which may not represent the experiences of women and/or people of color. Evidence suggests access to social capital is partly dependent on race and gender, where being male and white can increase one’s access to resources (Yang et al., 2021). White and high socioeconomic status (SES) persons may receive less financial assistance from their networks, yet have access to more influential modes of nonmaterial support like advice and instrumental resources (Schafer & Vargas, 2016). People of color and/or women additionally tend to have less access to high-status and influential persons because social networks are segregated by race and gender. Women may also rely more on close friends and family members, limiting their access to financial resources (McDonald & Day, 2010). Future analyses could compare how people of different gender and racial identities access financial support. Last, individuals who participated in this study were only interviewed one time about their experiences with LFOs. Future research should address whether the impacts of negotiation of financial support described in this study impact individuals’ trajectories in the longer term.
Conclusion
Researchers are just beginning to understand how the effects of LFOs reverberate into individuals’ family life. Existing literature demonstrates that individuals assessed monetary sanctions often rely heavily on family to pay them, potentially causing conflict within families (Boches et al., 2022). This study expanded on research considering the impact of LFOs on families by exploring how men under correctional supervision garner support to pay them using support from family, friends, and acquaintances and what impact that process has on different types of relationships. The findings presented in this study support the notion that monetary sanctions may exacerbate relational inequalities in addition to well-known financial inequalities. Considering these effects, policymakers should investigate best practices for LFO implementation and future research should consider how the changing social landscape may influence support with LFOs. Scholars should also elucidate nuances of financial support for monetary sanctions through interviews of the social networks of people assessed LFOs, interviews of people with varying offense types, and demographics who are assessed LFOs, and via longitudinal research.
Footnotes
Authors’ Note:
The author would like to thank Drs. Beth Huebner, Elaine Doherty, Lee Slocum, Mark Olver, and Ashley Batastini as well as the anonymous reviewers for their thoughtful feedback on earlier drafts of this article. This work was supported by the National Institute of Justice under Grant [2008-DD-BX-0002]. The opinions and conclusions expressed in this article are those of the author’s and do not necessarily reflect the Department of Justice.
