--- title: Financial Restrictions description: "\tFines – The evidence is inconclusive\r\n\tFees – The evidence is inconclusive\r\n\tRestitution – The evidence is inconclusive\r\n\r\n\r\nSummary of the Evidence\r\n\r\n•\tThe evidence for effects of fines, fees, and restitution on recidivism is inconclusive. \r\n•\tThere is limited evidence that shows crime-reducing effects, but there is evidence of the harmful effects of fines, fees, and restitution.\r\n•\tUnpaid fines, fees, or restitution can lead to a host of negative consequences for clients, such as revocation, which make reintegration difficult. \r\n•\tFines, fees, and restitution are monetary sanctions meant to punish, redeem, and draw revenue from individuals on supervision.\r\n\r\n\r\n\r\nWhat Are Financial Restrictions (Fines, Fees, and Restition)?\r\n•\tMonetary sanctions are the most common form of punishment imposed by the justice system. They fulfill both symbolic and practical functions, including retribution, deterrence, restoration, and revenue generation.\r\n•\tFines, fees, and restitution are three different forms of monetary sanctions.\r\n•\tFines are financial punishments assessed by a judge upon conviction for any level of offense.\r\n•\tFees can be imposed on clients by courts or service agencies to recoup costs such as drug testing, treatment, probation services, etc.\r\n•\tRestitution is intended to compensate victims for crime-related costs such as damage to property, medical expenses, or others. There are two forms:\r\no\tDirect Restitution is paid to the victim for some quantifiable harm.\r\no\tIndirect Restitution is paid to the state for disbursement to victims who apply for compensation.\r\n•\tAlthough restitution is meant as a symbol of accountability on the part of the client toward the victim, victims often do not receive these funds.\r\no\tVictims often must apply for restitution, which can be an onerous process.\r\no\tOften if the victim has a criminal record, they are not eligible for restitution.\r\n\r\nHow Are They Used?\r\n•\tFines are used as a punishment for criminal behavior.\r\n•\tFees are used to generate revenue or cover required services.\r\n•\tRestitution is designed to be a restorative act that allows the individual to accept accountability for their crime. \r\n•\tFines, fees, and restitution are imposed by the court. As such, supervision officers often have no power to control them.\r\n•\tSupervision departments impose fees on clients for the purposes of revenue generation.\r\n•\tOften a client’s readiness to be discharged from supervision is tied to their payment of supervision fees. A client may have their supervision extended for an inability to pay their fees.\r\n\r\nHow Can They Be Used to Monitor Compliance?\r\n•\tPaying court fines, fees, and restitution, as well as supervision fees are typically stipulated in the conditions of supervision.\r\n\r\nHow Can They Be Used as a Supervision Tool?\r\n•\tSupervision fees are standard practice for many supervision departments.\r\n•\tThere is no evidence that fines, fees, or restitution contribute to the rehabilitative purposes of supervision.\r\n•\tNonmonetary restitution allows the client to volunteer their time to tasks that improve their community. This may be a preferable option for the many clients with limited financial resources.\r\n\r\nWhat Are the Costs of Financial Restrictions?\r\n•\tThere are no costs to the justice system for issuing fines, fees, and restitution.\r\n•\tThe costs of fines, fees, and restitution to the client can include\r\no\textra financial burden\r\no\tpunitive responses to failing to pay\r\no\tincreased difficulty of reintegrating into society\r\n\r\nWhat Do Supervision Staff Think?\r\n•\tSupervision staff report that fines are\r\no\tsometimes appropriate for all low-risk clients and\r\no\tsometimes appropriate for all medium- to high-risk clients.\r\n•\tSupervision staff report that fees are\r\no\tsometimes appropriate for all low-risk clients and\r\no\tsometimes appropriate for all medium- to high-risk clients.\r\n•\tSupervision staff report that restitution is\r\no\talways appropriate for all low-risk clients except those with serious mental illness or those in the intimate partner violence special population, for whom it is sometimes appropriate, and\r\no\talways appropriate for all medium- to high-risk clients.\r\n\r\nWhat Should You Expect When Using Financial Restrictions?\r\n•\tThere is limited evidence that fines, fees, or restitution reduce recidivism.\r\n•\tFines, fees, and restitution can be a burden for an individual, making it more difficult to reintegrate into the community.\r\n•\tUnpaid monetary sanctions can lead to the following consequences:\r\no\tdriver’s license suspension\r\no\tloss of voting rights\r\no\twage garnishment\r\no\tsupervision violations\r\no\tincarceration\r\n•\tDifficulty reintegrating into society can lead to nonpayment of fines, fees, and restitution. Nonpayment of these monetary sanctions can lead to consequences that make it even more difficult to reintegrate. In this way, fines, fees, and restitution can create a negative cycle for a client.\r\n\r\nAre Financial Restrictions Evidence-Based Practices?\r\n•\tNo.\r\n\r\nWhat Do People Formerly Involved in the Criminal Legal System Think About Financial Restrictions? \r\n•\tPeople with lived experience in the criminal legal system (the “criminal justice” or “legal” system is referred to as the criminal legal system in this document) report that fines are\r\no\tnever appropriate for all low-risk clients and\r\no\tsometimes appropriate for all medium- to high-risk clients except those in a general violence special population, for whom they are never appropriate.\r\n•\tPeople with lived experience in the criminal legal system report that fees are\r\no\tnever appropriate for all low-risk clients and\r\no\tsometimes appropriate for all medium- to high-risk clients except those with serious mental illness or in a general violence special population, for whom they are never appropriate.\r\n•\tPeople with lived experience in the criminal legal system report that restitution is\r\no\tnever appropriate for all low-risk clients except those with serious mental illness or in an intimate partner violence special population, for whom it is sometimes appropriate.\r\no\tsometimes appropriate for all medium- to high-risk clients.\r\n\r\nCommunication That Strengthens the Officer-Client Relationship (Messaging)\r\n•\tIf your agency has a sliding scale for fees, the officer should discuss it with the client and advocate for reduced fees.\r\n•\tOfficers should express their understanding of the extra burden placed on clients by fines, fees, and restitution.\r\n•\tOfficers should speak to their clients about the purpose of fines, fees, and restitution, explaining the reasoning behind each.\r\n•\tOfficers should distinguish restitution from fines and fees as a means to be accountable for their actions.\r\n\r\n\r\nSpecial Considerations When Using Financial Restrictions with Subpopulations\r\n\r\nGang-Involved\tNone\r\nGeneral Violence\tNone\r\nIntimate Partner Violence\tNone\r\nSerious Mental Illness\tNone\r\nSubstance Use Disorder\tNone" url: "https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/financial-restrictions/" updated: "2023-06-09" category: "Compliance-Based Practices" tags: - "Compliance-Based Practices" - Inconclusive Evidence Practices - Sanctions --- # Financial Restrictions **(Fines, Fees, and Restitution)** ***Fines – The evidence is inconclusive Fees – The evidence is inconclusive Restitution – The evidence is inconclusive*** Summary of the Evidence - The evidence for effects of fines, fees, and restitution on recidivism is inconclusive. - There is limited evidence that shows crime-reducing effects, but there is evidence of the *harmful effects* of fines, fees, and restitution. - Unpaid fines, fees, or restitution can lead to a host of negative consequences for clients, such as revocation, which make reintegration difficult. - Fines, fees, and restitution are monetary sanctions meant to punish, redeem, and draw revenue from individuals on supervision.   What Are Financial Restrictions (Fines, Fees, and Restitution)? How Are They Used? How Can They Be Used to Monitor Compliance? How Can They Be Used as a Supervision Tool? What Are the Costs of Financial Restrictions? What Do Supervision Staff Think? Special Considerations When Using Financial Restrictions with Subpopulations   **Similar Topics** ## [Overall Compliance-Based Practice Implementation Considerations](https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/overall-compliance/) ## [Collateral and Employer Contacts](https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/collateral-and-employer-contacts/) ## [Drug Testing](https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/drug-testing/)