HomePostTopic: Temporary Assistance for Needy Families

Temporary Assistance for Needy Families

Missouri lawmakers
Senate Bill 82
public assistance provisions
benefits cliffs
Temporary Assistance for Needy Families (TANF)
Supplemental Nutrition Assistance Program (SNAP)
child care subsidy programs
transitional benefits program
poverty level
state median family income
welfare programs
fiscal note
Medicaid
self-sufficiency
workforce solutions
government assistance
economic opportunity
dependence on the government
benefits cliff phenomenon
social and economic opportunity

Key Points

  • Missouri Leads the Way: The enactment of Senate Bill 82 establishes Missouri as the first state in the nation to address public assistance provisions, breaking ground in reforming safety-net benefits and combating the cycle of dependence on government support.

  • Benefits Cliff Challenge: The legislation acknowledges the pervasive issue of benefits cliffs, where individuals and families face a sudden loss of government assistance as their income increases. The law aims to mitigate this challenge by introducing transitional benefits programs in TANF, SNAP, and childcare subsidy programs.

  • Incomplete Solution: While the Missouri law is a commendable first step, there are concerns about its comprehensive effectiveness. The legislation, utilizing new funds, creates a supplemental program to ease the loss of benefits but doesn’t address underlying program variables contributing to benefits cliffs. Additionally, potential underfunding and the absence of Medicaid in the scope raise questions about the long-term sustainability and impact of the solution.

Missouri lawmakers recently took an important step toward helping poor and working-class residents escape safety-net benefits cliffs and experience the dignity and opportunity of work. By enacting Senate Bill 82, the Show Me State is now the first in the nation to address public assistance provisions that often entrap program participants by punishing work and perpetuating dependence on the government.

It’s no secret that many Americans rely on government assistance programs to make ends meet. But they often get caught in a Catch-22 situation—a benefits cliff—which disincentivizes them from looking for more meaningful work and gaining independence.

These benefits cliffs occur when an individual, family, or household experiences a sudden, steep loss of government assistance as income increases. Perversely, this net loss undermines the natural desire to earn more income because it takes a huge pay bump to overcome the cliff. The unintended consequences of a benefits cliff can be devastating—trapping individuals and families in a cycle of poverty.

 

How the new law works

This new Missouri law modifies benefits cliffs to enable residents to more easily earn additional income and experience the fulfillment and belonging that comes with social and economic opportunity. It does so by easing the loss of benefits in the Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP) and child care subsidy programs for families that lose income eligibility for these programs.

Specifically, this law establishes a transitional benefits program for TANF and SNAP—subject to funding from the state legislature—to help the transition off of benefits and reduce the impact of the program cliffs. The benefit is stepped down on a one-to-one basis as income increases.

It also helps to alleviate the loss of benefits from the child care subsidy program by creating a transitional benefits program using a sliding scale that steps down transitional benefits until the household reaches 300 percent of the poverty level or 85 percent of the state median family income.

When funded and implemented, this law will positively impact all individuals and families on the SNAP and childcare subsidy programs whose income exceeds program limits—but remain under income limits for the transitional benefits. It would not, however, impact TANF recipients because the program’s cash assistance tampers to zero, which means there would be no transitional benefits. 

And building upon the foundation laid in Missouri, other states should similarly experiment with creative solutions to the cliffs problem.

And building upon the foundation laid in Missouri, other states should similarly experiment with creative solutions to the cliffs problem.

The next step

While the new Missouri law is a commendable first step by a state to correct design flaws in benefit cliffs, there is still more work to do. For example, this legislation fails to address the variables in each program that drive the benefits cliff phenomenon in the first place. Instead, it uses new money to create a bridge that eases the loss of benefits when coming off designated programs.

Precisely because it uses new money, this solution represents a potentially huge and expensive expansion of welfare programs in Missouri. Indeed, the fiscal note accompanying the legislation estimates a cost of around $200 million per year in state revenue.

So rather than a comprehensive and holistic resolution to the benefits cliff problem, this new law essentially creates a supplemental program at risk of being underfunded in years when the legislature fails to fully fund at levels to meet demand—creating challenges for state agencies charged with program implementation. Moreover, the law doesn’t address Medicaid at all—the biggest driver of benefit cliffs in terms of dollar impact to families.

Despite these limitations, this new law recognizes that benefits cliffs are a real problem in need of a solution. And it attempts to address design flaws in two of the biggest-offending programs—SNAP and childcare. Finally, it recognizes the need to step down benefits in ways that eliminate cliffs as people earn additional income and learn to stand on their own with increasingly less dependence on the government.

In tackling the challenge of benefits cliffs, Missouri lawmakers have set the bar for other states to consider solutions to welfare systems that prevent people from becoming self-sufficient by holding them back from working as much as they could or should.

And building upon the foundation laid in Missouri, other states should similarly experiment with creative solutions to the cliffs problem. This includes waivers and other steps to address systemic program flaws. It also includes pilot projects to demonstrate how to eliminate cliffs with a net positive impact on those who work more, earn additional income and become self-sufficient faster than would otherwise be possible.

How Can You Measure Welfare Program Success?

Part 1

By Erik Randolph

If you want to know how well welfare programs work, ask welfare agency administrators how they measure success. This was suggested by Randy Hicks, President and CEO of the Georgia Center for Opportunity (GCO), years ago. Almost invariably these administrators will answer that they measure success by how many people they serve. When the total number of people they serve goes up, the programs are more successful. Or are they?

To the contrary, program participation does not measure success. Furthermore, the chances are that welfare agency administrators lack the metrics to tell us how successful the programs truly are.

Program participation can measure demand for the program, or it might indicate the number of people in need. In these cases, program participation is useful information. But does it actually measure success? 

The more important goal of welfare programs is to help people overcome their financial difficulties and escape poverty. This enables them to live more fulfilling lives. Public policy should not encourage them to languish on assistance for years on end but rather help them improve their circumstances until they no longer need assistance, or their reliance on assistance becomes lessened. Welfare agencies generally lack metrics to effectively measure this important goal.

Which revises our original question slightly: How can you measure success?

Dependency Metrics

One potential way to measure success is to use dependency metrics that evaluate the percent of the population who are dependent on major welfare programs. This is partially done at the federal level but not at all at the state level.

In 1994, Congress passed the Welfare Indicators Act. It focuses on food stamps, Temporary Assistance for Needy Families (TANF) cash grants, and Supplemental Security Income (SSI). Every year, the U.S. Secretary of Health and Human Services is required to file a report with Congress showing dependency on those three welfare programs.

The most recent report was released in 2018. The pie chart below comes from page eight of that report, showing for the year 2015 the percentages of the national population according to their proportion of their total income dependent on the value of food stamps, TANF cash grants, and SSI. The higher the proportion of an individual’s income that comes from these three assistance programs, the worse off the person probably is. For example, if the value of food stamps constitutes more than 50 percent of an individual’s income, that person cannot be well off financially. In comparison, when food stamps constitute 25 percent to 50 percent of an individual’s income, it means the person has more additional income and is better off than when food stamps comprise more than 50 percent  of total income. And having less than 25 percent of total income coming from food stamps is better than having 25 percent to 50 percent of total income on food stamps.

Georgia has the ability to generate dependency metrics through the Georgia Gateway, including TANF cash grants, food stamps, medical assistance, and two other programs. These are means-tested programs, meaning the Department of Human Services has not only participation numbers but also income information of the applicants and recipients. The Department could relatively easily have its I.T. crew write scripts to spit out reports periodically showing the number of individuals and families by dependency on their income on those programs captured through the Gateway. Coupled with Census data, the Department could produce periodic reports showing how dependency changes over time and further break down the data by demographic groups. 

Furthermore, because every individual has a unique identifier, the I.T. crew could produce additional scripts to follow people over time. This would allow for more sophisticated analytics showing the financial progress of people and families in the system. 

Dependency metrics are not perfect. They do not capture persons who would be eligible for the program but do not participate. However, the number of these individuals are regularly estimated and could be presented as additional information in the analysis. 

Ideally, it would be best if the dependency metrics captured all assistance programs. Currently, this is not possible.

Assistance Programs Breakdown

Exactly How Many Programs Do People Benefit From? 

Often people qualify for multiple assistance programs. Their children might be on Medicaid and receiving free school lunches. At the same time, the household may be receiving food stamps. Additionally, if the parent or parents work, they may be receiving the Earned Income Tax Credit (EITC) and Additional Child Tax Credit. We just listed five programs that welfare families typically receive. 

And there are more programs. If the family has young children under five, they could receive food packages from the Women, Infants, and Children (WIC) program. Additionally, the family may be receiving childcare assistance, Section 8 rental assistance, and/or energy assistance.

Now you might think that we have a dataset somewhere telling us the total number of welfare programs families are benefiting from. If you assumed that we do, you would be wrong. No such dataset exists.

The reason? First, the welfare system is disjointed. There is no single agency or dataset that can tell us the total number of programs people are on. Even Georgia’s award winning Gateway, which is one of the better integrated eligibility systems in the country, cannot tell you. While the Gateway can tell us about food stamps, Medicaid, WIC, TANF, and subsidized childcare services, it is missing the refundable tax credits, free school lunches breakfasts, Section 8 rental assistance, and other welfare programs not listed. 

Second, statistical sources do not include all welfare programs in their questionnaires and have other limitations, such as serious time lags. For example, the American Community Survey asks about food stamps, Medicaid, and Supplemental Security Income but practically none of the other programs, making a statistical inference for the complete picture impossible. 

The Survey of Income and Program Participation gets us closer, giving us childcare assistance, WIC, energy assistance, and public housing, among others. However, it is still missing the refundable tax credits, including the EITC which is one of the big three welfare programs. Worse, SIPP is structured for longitudinal studies that makes the survey totally impractical for monitoring program participation on a regular and timely basis.

Adopting Dependency Metrics in Georgia

Dependency metrics would improve our ability to measure success, and state leaders should consider implementing them in Georgia. 

Georgia would do a better job than the federal government with dependency metrics. The Gateway houses the data for critical programs, enabling Georgia to produce monthly estimates, more timely estimates, and for more programs. In contrast, the Feds apparently cannot meet its obligation in producing annual reports, provides only national data for only three programs, and there are significant time lags. The most recent Federal report came out on May 4, 2018, with 2015 and some 2016 data.

Once implemented at the state level, dependency metrics will improve over time. If and when further integration, consolidation, and streamlining of eligibility systems occur, as recommended by GCO, dependency metrics will become more complete and more useful.

However, they are not the sole answer. There is another way to measure success that would complement well dependency metrics. This will be the topic of my next blog.

In the meantime, do you have ideas on how we can measure success in welfare programs? We would love to hear them. Be sure to put them down in the comments below.

Erik Randolph is Director of Research at the Georgia Center for Opportunity. This blog reflects his opinion and not necessarily that of the Georgia Center for Opportunity.

DISINCENTIVES FOR WORK AND MARRIAGE IN GEORGIA’S WELFARE SYSTEM

Based on the most recent 2015 data, this report provides an in-depth look at the welfare cliffs across the state of Georgia. A computer model was created to demonstrate how welfare programs, alone or in combination with other programs, create multiple welfare cliffs for recipients that punish work. In addition to covering a dozen programs – more than any previous model – the tool used to produce the following report allows users to see how the welfare cliff affects individuals and families with very specific characteristics, including the age and sex of the parent, number of children, age of children, income, and other variables. Welfare reform conversations often lack a complete understanding of just how means-tested programs actually inflict harm on some of the neediest within our state’s communities.

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Computational model exposes severe problems with the welfare system

Previously, it was shown how a single mom with two kids in Gwinnett County could lose welfare program benefits by earning more money. This explained why $9 + $1 can equal negative $6,000.

The Gwinnett county example showed only two wage levels. However, the computer model provides results for a large range of wage levels and family structure. This enables policymakers, administrators and interested citizens to see a more complete picture of the challenges facing a family in poverty.

The computer model can generate scenarios in any of the other 158 counties in the state of Georgia.

No matter the county welfare cliffs (that unintended consequence of the current welfare system whereby an individual or family loses by earning more) can be found – essentially trapping families into a level of income.

These cliffs can be clearly seen on the chart below. Wherever there is a drop in a line, there is a loss in benefits that exceed the gain in earned income.

Also clearly seen, the benefit levels are very high and the severity of the cliffs significant. More surprisingly, there is not just one cliff but a series of cliffs that cascade down.

The chart shows that when government benefits are taken into account, it is financially better for a single mom to earn an hourly wage of $9 than an hourly wage three times as much, or $27 per hour.

Of course, it is important to point out that the severity of the cliffs and the income levels where they drop off change depending on the county, the characteristics of the family, and other factors.

These findings underscore the need to undertake fundamental welfare reform beyond the various reforms already being implemented. The system needs to become more rational so not to punish families who try to get ahead by earning more money.

A forthcoming study will highlight other examples.

Chart showing welfare cliff for typical family in Gwinnett County:
graphimageresized

How to read the chart: The chart above illustrates the scenario highlighted in this and the prior posts , that is, a single mom with two children in Gwinnett county. The horizontal axis is gross earned income, and the vertical axis is the sum of net earned income plus the various welfare assistance benefits. The first line on the bottom is net earnings. The next line above is net earnings plus refundable tax credits. Each line stacked above adds another government benefit in the following order: TANF Cash, food benefits (Food stamps, free school meals and WIC food packages), housing (Section 8 Housing Choice Vouchers), subsidized child care (the CAPS subsidized childcare program), medical assistance (Medicaid and PeachCare), and Affordable Care Act subsidies.

Stacks of Coins

This is the second entry in a series of posts highlighting GCO’s report, A High Price to Pay: Recommendations for Minimizing Debt’s Role in Driving Recidivism Rates. The first entry provided an overview of the report, as well as a recent update to one of the recommendations.

Returning citizens often face a mountain of debt upon leaving prison that makes it more difficult to successfully reenter society. Some of this debt may have existed prior to incarceration – such as consumer debt and child support – while much of it arises as a direct result of a criminal conviction, and is made much worse by subsequent incarceration and unemployment. Studies have shown average debt amounts in certain jurisdictions to be as high as $20,000 in child support arrears[i] and between $500 and $2,000 in offense-related debt.[ii] This onerous amount of debt, combined with the lack of opportunity to earn or save money while in prison, cause many offenders to reenter society with little hope of being able to repay what they owe.

Consumer Debt

It is common for people who are incarcerated to carry some level of consumer debt into prison, whether it is from outstanding mortgages, car loans, school loans, or credit cards.[iii] Missed payments on these mortgages, loans, and bills result in back interest, fees, and fines accumulating over the course of a person’s incarceration. The end result can be the offender accumulating an unmanageable amount of debt by the time he or she is released, leading him or her to file for bankruptcy.[iv]

Child Support

Child support typically comprises the largest debt returning citizens owe,[v] as non-custodial parents who are unable to modify their orders during incarceration can owe tens of thousands of dollars in arrears by the time they are released.[vi]

One study examining Massachusetts’ inmates and parolees revealed that non-custodial parents entering prison owed an average of $10,543 in unpaid child support and were likely to generate an additional $10,000 in arrears by the time they were released.[vii] More startlingly, one-fifth of the state inmates were estimated to generate arrears balances in excess of $30,000 while in prison.[viii] Another study of 350 parolees in Colorado demonstrated that they had an average balance of $16,651 in arrears.[ix]

Many returning citizens in Georgia are likely to be impacted by child support debt, as 60 percent of offenders in Georgia self-report having one or more children upon entering prison.[x] Accepting the circumstances of the incarcerated, some states allow offenders to modify their child support while in prison to avoid the accrual of arrears. However, Georgia offenders are prohibited from modifying their arrears while incarcerated, as the state deems incarceration to be a form of “voluntary unemployment.”[xi] As such, there is no mechanism for indigent offenders in Georgia to avoid accruing child support debt.

Once child support arrears have accrued, federal law requires non-custodial parents to pay the full amount owed to custodial parents, even if modification of orders is granted upon release from prison.[xii] However, federal law does permit arrears owed to the state to be forgiven retroactively. Child support arrears become owed to the state when the Department of Human Resources supplies Temporary Assistance for Needy Families (TANF) to custodial parents who are not receiving requisite child support payments from non-custodial parents. Once funds are distributed, the non-custodial parent becomes obligated to repay the state for supplying the amount of assistance he or she was originally responsible for paying the custodial parent.[xiii]

Restitution

Another source of debt which many returning citizens owe upon reentry is payment of restitution to victims. The amount of restitution owed by offenders usually ranges from several hundreds of dollars to several thousands of dollars, depending on the offense.[xiv] Restitution provides a way for offenders to pay for financial loss and other damages suffered by victims including lost property, medical expenses, costs of counseling, funeral and burial expenses, and lost wages.[xv] It also serves as a way for the offender and the state to demonstrate that they recognize the harm that the victim suffered and the offender’s obligation to make amends.[xvi] One study conducted in Pennsylvania found that paying restitution is related to lower recidivism.[xvii] As such, it is an important obligation for returning citizens to pay.

However, problems occur when a person’s financial status and earning capacity is not considered in forming restitution orders.[xviii] This can result in unrealistic terms of repayment being formed, which, combined with other court-imposed financial obligations, create a financial burden for the returning citizen and may discourage him or her from repaying anything at all.[xix] When this situation happens, it leaves victims without compensation for financial loss or damages and diminishes their confidence in the criminal justice system.

In Georgia, the Crime Victims Restitution Act of 2005 mandates that offenders make restitution payments to victims while under parole supervision.[xx] The court determines the amount of restitution and manner of paying it during sentencing, and parole officers are responsible for facilitating and monitoring payment compliance once the offender is in the community. Parolees must begin paying restitution upon release and are required to pay a minimum of $30 per month. [1],[xxi]

Fees, Fines, and Surcharges

A third source of debt that encumbers returning citizens is fees, fines, and surcharges that arise as a direct result of a criminal conviction.

Fees are amounts charged to offenders in exchange for the services provided by courts, probation departments, parole supervision, and other agencies.[xxii] For example, the Georgia State Board of Pardons and Paroles collects a monthly supervision fee of $30 from every parolee with a supervision period of three months or longer. [2],[xxiii]

Fines imposed by the court are intended to punish offenders and deter others from committing such crimes.[xxiv] The amount of the fine varies based on the person’s charge and can be mandatory or discretionary.[xxv] A fine for a third DUI offense in Georgia, for instance, can be as high as $5,000.[xxvi]

Finally, surcharges are add-on amounts often unrelated to the crime but used to generate revenue for criminal justice agencies.[xxvii] Revenue is designated toward such things as retirement funds for sheriffs and peace officers, law enforcement facilities and training, indigent defense programs, and education and treatment programs.[xxviii] While small in isolation, surcharges can total hundreds and even thousands of dollars.[xxix]

Georgia began collecting surcharges in 1950 when the legislature passed a statute requiring a deduction to be taken from every criminal fine to support the Peace Officers’ Annuity and Benefit Fund. By 2001, the number of court-imposed surcharges had risen to 21 to support nine state programs, five local programs, and the State General Fund.[xxx] Surcharges range from $0.50 per case to 50 percent of the total fine amount.[xxxi]

Inability to Earn or Save Money in Prison

A fourth reason returning citizens in Georgia have difficulty repaying debts upon release is that they do not have the ability to earn money for their work performed while incarcerated.[xxxii] As one of only three states that do not pay inmates for work,[3][xxxiii] Georgia bars those who are indigent from being able to meet current obligations, pay-down debt, or save for their inevitable reentry while in prison. This policy removes a strong incentive for them to work and develop skills and experience that will be helpful in obtaining a job upon release.

Conclusion

Without having a realistic plan and payment options to pay-off all of this debt, people returning from prison are less likely to pay anything at all, more likely to engage in the underground economy to avoid wage garnishment, and more likely to make bad decisions that may result in re-incarceration. The consequences of debt can be detrimental for returning citizens.

 

Footnotes

[1] Payment is required upon release for parolees serving 90 days or more under parole supervision.

[2] Parolees serving for violent offenses pay a monthly victim compensation fee of $30 in lieu of the supervision fee.

[3] Georgia inmates who participate in the Prison Industry Enhancement Certification Program (PIECP) and inmates who are placed in a transitional center are the exception, as they do have a chance to earn money while incarcerated. However, PIECP is limited to two prisons – though the state has plans to expand it to three to five more prisons – and there are only 13 transitional centers across the state serving 2,674 of 53,558 inmates . The other two states who do not pay inmates for work are Arkansas and Texas.

 

Endnotes

Some of the citations listed below are abbreviated. To view the full citation, see the “Notes” section in our report, A High Price to Pay.

[i] Nancy Thoennes, Child Support Profile: Massachusetts Incarcerated and Paroled Parents, Center for Policy Research, May 2002, 26, https://cntrpolres.qwestoffice.net/reports/profile%20of%20CS%20among%20incarcerated%20&%20paroled%20parents.pdf.

[ii] Carl Reynolds et al., A Framework to Improve How Fines, Fees, Restitution, and Child Support are Assessed and Collected from People Convicted of Crimes, Council of State Governments Justice Center and the Texas Office of Court Administration, Interim Report, March 2, 2009, 8, https://csgjusticecenter.org/wp-content/uploads/2013/07/2009-CSG-TXOCA-report.pdf.

[iii] Erica Sandberg, “Ex-offenders face big debt challenges after prison,” CreditCards.com, August 30, 2010, accessed May 8, 2014, para. 7, https://www.creditcards.com/credit-card-news/ex-offenders-felons-prisoners-jail-in-debt-1264.php.

[iv] Connie Prater, “How to prepare financially for time in prison,” CreditCards.com, October 15, 2010, accessed March 26, 2014, para. 7, https://www.creditcards.com/credit-card-news/how-to-prepare-inmate-financially-jail-prison-1265.php.

[v] Carl Reynolds et al., A Framework to Improve, 10.

[vi] Nancy Thoennes, Child Support Profile, 18.

[vii] Ibid., 26.

[viii] Ibid.

[ix] Jessica Pearson, “Building Debt While Doing Time: Child Support and Incarceration,” Judge’s Journal 43 (2004): 7; Jessica Pearson and Lanae Davis, Serving Parents Who Leave Prison: Final Report on the Work and Family Center, Center for Policy Research, 2001, ii, https://www.hawaii.edu/hivandaids/Serving%20Parents%20Who%20Leave%20Prison.pdf.

[x] Georgia Department of Corrections, Inmate Statistical Profile, 8.

[xi] Office of Child Support Enforcement, “Project to Avoid Increasing Delinquencies: ’Voluntary Unemployment,’ Imputed Income, and Modification Laws and Policies for Incarcerated Noncustodial Parents,” U.S. Department of Health and Human Services, July 2012, 4, https://www.acf.hhs.gov/sites/default/files/programs/css/paid_no_4_companion.pdf; See O.C.G.A. § 19-6-15(j).

[xii] Jessica Pearson, “Building Debt,” 5.

[xiii] Rachel L. McLean and Michael D. Thompson, Repaying Debts, Council of State Governments Justice Center, 2007, 26, https://csgjusticecenter.org/wp-content/uploads/2012/12/repaying_debts_full_report-2.pdf.

[xiv] Judge Brian Amero, Henry County Superior Court, telephone conversation with author, May 29, 2014.

[xv] National Center for Victims of Crime, “Restitution Procedures,” in Promising Practices and Strategies for Victim Services in Corrections, 1997, https://www.victimsofcrime.org/library/publications/archive/promising-practices-and-strategies-for-victim-services-in-corrections; National Center for Victims of Crime, Making Restitution Real: Five Case Studies on Improving Restitution Collection, 2011, 3, 4, https://csgjusticecenter.org/wp-content/uploads/2011/11/2011-Natl-Center-for-Victims-of-Crime-report.pdf.

[xvi] National Center for Victims of Crime, Making Restitution Real, 4.

[xvii] R. Barry Ruback, Restitution in Pennsylvania: A Multimethod Investigation, Submitted to Pennsylvania Commission on Crime and Delinquency, Final Grant Report, August 2002, 9, 98, https://www.ncjrs.gov/pdffiles1/Archive/221282NCJRS.pdf.

[xviii] National Institute of Justice, “Restitution,” Archived material that is the product of five regional symposia held on restorative justice between June 1997 and January 1998, accessed April 9, 2014, para. 5, https://nij.gov/topics/courts/restorative-justice/promising-practices/Pages/restitution.aspx.

[xix] Carl Reynolds et al., A Framework to Improve, 1.

[xx] Georgia State Board of Pardons and Paroles, “Restitution,” accessed April 10, 2014, https://pap.georgia.gov/restitution.

[xxi] Ibid.

[xxii] Rachel L. McLean and Michael D. Thompson, Repaying Debts, 2; Georgia State Board of Pardons and Paroles, “Supervision & Victim Fees,” accessed April 10, 2014, https://pap.georgia.gov/supervision-victim-fees.

[xxiii] Georgia State Board of Pardons and Paroles, “Supervision & Victim Fees,” accessed May 12, 2014, https://pap.georgia.gov/supervision-victim-fees.

[xxiv] Paul Peterson, “Supervision Fees: State Policies and Practices,” Federal Probation 76 (2012): para. 2, https://www.uscourts.gov/uscourts/FederalCourts/PPS/Fedprob/2012-06/supervision.html.

[xxv] Rachel L. McLean and Michael D. Thompson, Repaying Debts, 2.

[xxvi] O.C.G.A. § 40-6-391.

[xxvii] Rachel L. McLean and Michael D. Thompson, Repaying Debts, 2.

[xxviii] Administrative Office of the Courts, Court Fees in Georgia – Laws and Information, Court Business and Process Improvement Program, October 2004, 5, https://www.georgiacourts.org/aoc/publications/courtfeesbook10_2004.pdf.

[xxix] Alicia Bannon, Mitali Nagrecha, and Rebekah Diller, Criminal Justice Debt: A Barrier to Reentry, Brennan Center for Justice, New York University School of Law, 2010, 1, https://www.brennancenter.org/sites/default/files/legacy/Fees%20and%20Fines%20FINAL.pdf.

[xxx] Russell W. Hinton, “Court Fees,” Department of Audits and Accounts, Performance Audit Operations Division, October 2001, 1. This executive summary can be found in the following report: Administrative Office of the Courts of Georgia, Municipal Court Fee Study, November 2003, Appendix A-1, https://www.georgiacourts.org/aoc/publications/municipal_court.pdf.

[xxxi] Ibid.

[xxxii] Adam Crisp, “Georgia inmates strike in fight for pay,” timesfreepress.com, December 14, 2010, accessed May 20, 2014, https://www.timesfreepress.com/news/2010/dec/14/georgia-inmates-strike-in-fight-for-pay/?local.

[xxxiii] Cindy Upton and Sarah Harp, Cost of Incarcerating Adult Felons, Kentucky Legislative Research Commission, Program Review and Investigations Committee, Research Report No. 373, 45, https://www.lrc.ky.gov/lrcpubs/RR373.pdf; A.J. Sabree, Strategic Planning and Implementation Consultant for the Georgia Department of Juvenile Justice, email message to author, June 5, 2014; Peter Wagner, “Section III: The Prison Economy,” in The Prison Index: Taking the Pulse of the Crime Control Industry, Western Prison Project and the Prison Policy Initiative, April 2003, 130-131, https://www.prisonpolicy.org/prisonindex/prisonlabor.html; Adam Crisp, “Georgia inmates strike in fight for pay,” timesfreepress.com, December 14, 2010, https://www.timesfreepress.com/news/2010/dec/14/georgia-inmates-strike-in-fight-for-pay/?local.

 

Prison, Barbed Wire

Jonathan O’Neill, a humble and soft-spoken man, is 46 years old and the father of fourteen children. He has been incarcerated since 2012 and currently resides at a transitional center where he works and takes various classes to prepare for his release that is set for Spring 2016. He is currently responsible for paying child support for seven of his children, which mostly consists of reimbursing the state for public assistance that was given to the children’s mothers. His other seven children are either grown or fully supported by their mothers.

When the time comes for Jonathan to be released, he will have as much as $45,000 in back child support, a suspended driver’s license, and the stigma of a criminal record. His story demonstrates how child support debt and its associated consequences can create significant barriers for people reentering society from prison.

The Debt Begins

Jonathan was just 19 years old when had his first run-in with the law. A joyride with a friend in a stolen car not only cost him his freedom, but also led his then girlfriend to seek Temporary Assistance for Needy Families (TANF) to take care of their child. Like many incarcerated persons, Jonathan found out the hard way that he owed child support to the state as reimbursement for public assistance, and that his time behind bars did not delay responsibility to pay the state back. The 18-month prison sentence he received resulted in thousands of dollars in arrears accruing by the time he was released.

This debt made him angry and he refused to pay the state back for the public assistance given to his girlfriend.

Jonathan had his next two children with another woman. Though they lived together, this girlfriend also began receiving TANF apart from him knowing it. His child support arrears grew to $8,000 during this time because he was not paying the state for the public assistance it was providing for his children. Additionally, none of the money he spent to take care of his children while they lived together counted toward his growing child support debt because it was considered unofficial support since payments were not being made to the state as a reimbursement for public assistance. This led to a fall-out with his girlfriend and made him grow even more angry and rebellious toward the child support system over the next few years.

Jonathan explains, “I was mad at the mothers for doing this, so I neglected paying. I would take care of the children in my home, but I didn’t want to pay the state back. I had a rebellious spirit and felt like I was the father and I’m doing it how I want to.”

By the age of 27, Jonathan had five children from two mothers and over $14,000 in child support arrears. Having difficulty finding a job with his felony conviction, he began selling drugs to earn money. He was eventually caught with cocaine in 1999 and sentenced to 10 years on probation. Nine years later in 2008, he violated his conditions of probation by testing positive for marijuana, and he was sent to a Probation Detention Center (PDC) for 90 days.

A Turning Point

During his time in the PDC, Jonathan reflected upon the words a judge spoke to him in 2005: “You have so much in arrears, you will die owing the state money.” These words haunted him, and he wanted to make sure this did not prove true.

Upon release from the PDC in 2008, Jonathan became involved with a church that was located directly across the street from the PDC. It was through his involvement there that he experienced a spiritual transformation and became determined to earn an honest living. However, despite his earnest desire to find legitimate work, he struggled to find a job for eight months.

“I waited eight months and still I had no job. I got letters from the state threatening to lock me up for a whole year for non-payment of child support. I was tempted to sell drugs again. However, I chose to depend on God and He came through. I started painting at the church for no money. One day, God brought a man from the church who gave me a job at Food Lion because he was leaving.”

Jonathan gained skills as a meat cutter and worked consistently from 2009-2012 at stores such as Food Lion, Food Depot, and Piggly Wiggly, even earning employee of the quarter at his first store. During this period, he paid the full amount of his child support order each month plus a percentage of his arrears, amounting to $566 per month. He was determined to pay off his debt and make sure that he would not die owing money to the state

“I would have paid all of this debt at one time if I could,” says Jonathan, but at this point he was nowhere close to being able to do this. Instead, he paid what he could little-by-little. As a result, his hard work and determination enabled him to reduce his arrears by thousands of dollars.

Jonathan was heading down the right track.

Another Setback

In the summer of 2012, Jonathan and his fiancé were scraping by to pay the bills. Desperate for a way to earn extra cash, he discovered that he was able to win quick cash through gambling.

“I got addicted to playing gambling machines for cash money. I started losing money and got behind on rent. I didn’t want to face my children after not being able to pay, and I thought I could gamble to get the money.”

The day came when Jonathan gambled away money that he needed to pay his family’s rent. Upon losing, he panicked and snatched the money from a manager at the gambling center. For his rash actions, he was charged with robbery by snatching and was sentenced to prison for the second time.

“I’ve been in prison for two years and three months now. The state just sent me two letters for two different cases and I owe a total of $45,308 in arrears ($18,209 non-TANF arrears and $27,099 TANF arrears). It’s discouraging. I’m in prison – what do they expect me to do?”

Georgia is one of three states that does not allow inmates to earn money while working in prison, leaving him no way to pay his debt while incarcerated. However, now that he is at a transitional center, Jonathan has the ability to work, earn money, and have some earnings withheld to pay child support.

He is currently working at Arko Veal Meat Co. earning $8.50 per hour and working 26 hours per week. This work enables him to have $389 withheld from his paycheck every month to go toward paying child support.

Barriers to Reentry

While Jonathan’s time in the transitional center is helping to prepare him for reentry, he will face new challenges upon release. His home is far from the transitional center where he currently resides, which means that he will lose his present job and have to look for another one. He tried to transfer to a transitional center closer to home in order to find a job that he could keep upon release, but he was denied that opportunity. Still, he is hopeful that he will be able to get his old job back at Food Depot when the time comes to be released.

If this opportunity does not work out, his plan is to try to get a job at a different grocery store called Harvey’s. The manager at this store has hired individuals with convictions before, which gives him hope that he can work there, too. He would earn around $10 an hour as a meat cutter.

Even once Jonathan is able to secure a job, he still faces the challenge of commuting to work daily due to his suspended driver’s license. His license will only be reinstated by paying a sum that is twice the amount of his current child support order of $566, in addition to paying the normal monthly order.

“When the child support agent firmly stated that the amount I pay to get my license reinstated does not include what is coming out of my check, I hung my head. I thought, ‘Man, I can’t do this.’”

This sum of $1,698 is simply too much for him to pay while trying to pay rent, bills, and other living expenses.

Jonathan tried to arrange an agreement to make a partial payment in order to get his license back at an earlier point in time: “I told the agent, ‘Ma’am, I really need a license. Can I make a partial payment?’ She said no and told me that the judge ordered me to pay the full amount. She then said that we could get it modified, but that it would cost $300 just to go before the judge. I told her I can’t come up with it.”

He estimates that it will take him a year of full-time work at the grocery store before he will be able to pay to have his driver’s license reinstated. For now, he plans to get to work by having his fiancé, who works a full-time job as a night-shift nurse assistant, or his adult son drive him there.

Jonathan has a sincere desire to do whatever it takes to support his kids, which he demonstrated during the three years leading up to his incarceration. He simply lacks the money needed to have his license reinstated because it must go toward meeting his family’s basic living expenses.

“Having a driver’s license would not only be my way to work, but it would also help out with my duties as a husband and father around our home. My son and daughter are starting Kindergarten and Pre-K and my fiancé works from 11 pm to 8 am, so I will have to take them to school before I go to work.

For now, he is determined to make the best use of his time in the transitional center as he prepares for his reentry. He expresses an air of freedom and hope that did not exist earlier in his life, despite being encumbered by debt. He knows what it looks like to fully embrace his roles as a responsible father and citizen, and he plans to continue down this path once he is released.

 

 

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