Can we recover felony debt?
Two roads with separate but challenging circumstances. The defendant, trying to reset life. Difficulties abound, prison often harsh. What is the path to be better, do better? The details of past sanctions have faded in the world behind bars. Out of jail introduces new challenges, how to live, how to eat, and how to pay for it all.
Courts and Clerks understand the unlikely prospect of repaid felony debt. Most conclude that pursuing felony compliance is a lost cause and move recovery efforts to collection agents. On average, felons are paying back less than ten cents on the dollar of their court fines. Released felons do not possess the means to pay off debt. A judgment for the balance due may be issued with a lien placed against the defendant. Recovery is infrequent but there is potential for future compliance. The conclusion is that these ordered fines are unrecoverable. That thought should change.
The potential for a consistent post-release response is available. The missing piece is debt repayment. Clerks must become part of the felon restoration process. A cooperative process with Florida Corrections, Clerks, and Social Re-Entry Programs can assist customers to systematically pay off debt through payment plans. Consistency in contributions, however small, leads to case closure and debt satisfaction.
In fiscal year 2021/22 $259 million dollars were assessed in felony cases. Year to year this can vary slightly. The current collections rate of 9% provides an estimated $23.3 million dollars in revenue. With a modest increase of 2%, felony cases would return an additional $5.1 million annually.
The number of inmates incarcerated for felony charges in FY 21/22 was 25,292. In FY 21-22, 24,247 inmates were released. Over 24,000 inmates are released from Florida prison every year. Without a formalized program to encourage repayment fine repayment will remain low.
Clerks have established performance measures to monitor collections of all case types. The bar seems low. Who would accept nine cents on the dollar for debt repayment? But felons face stiff challenges which include significant prison time. Most felons receive three years or higher. In the meantime, repayment is limited.
Collections Performance reporting looks at five consecutive quarters to measure collections. This timeframe is too short to receive or even begin fine recovery. The reporting system would benefit from a recalibration that pauses when a felon is incarcerated and picks back up upon release from prison. The lag is not the primary consideration. A connection to start repayment with continuing contributions is the key to creating a purposeful compliance arrangement.
To resolve felony debt clerks must first locate inmates eligible for re-entry and match them to open case requirements. Compliance service teams can then provide financial counseling on repayment requirements and set up a compliance recovery program that includes options for negotiating unpaid balances and repayment options through payment plans.
The Florida Department of Corrections (FLDOC) provides training to inmates prior to prison release and to then make positive re-entry connections. FLDOC is also the immediate resource for post-release addresses and contact information. Ninety-three percent of all felony dispositions are supervised by FLDOC either in prison or probation and parole services.
Post release agencies provide focused education and counseling for released felons for work and social skills that help inmates reestablish into the community. These dedicated social service agencies include Project 180, Florida Rural Legal Services, and local programs like the Leon County Roadmap to Reentry and the Just Income Program in Gainesville, Florida.
Recently released felons have challenges to make income, find housing, and connect with the community as they piece life back together. Repayment of court obligations remains part of the process. Overdue fines slip on the scale of priorities. Clerks must work to establish focus on the payment process.
A negotiated approach provides an opportunity for recovery of some debt in lieu of no recovery. Clerks need a way to consistently negotiate felony fines to improve compliance collections.
Once felony debt recovery opportunities and community awareness have been initiated by clerks it is important to check back with FLDOC for program feedback and with social agencies to evaluate progress and improvement needs.
The traditional message for felony collections is that they have become improbable. New thinking and different approaches to financial counseling offers potential.
Don Murphy is the Principal and Senior Consultant for Compliance Improvement Services (CIS) which provides consulting and training for courts and local government. He is a Fellow with the National Center for State Courts and has over 25 years of court administration experience.