Study committee hears testimony on ‘heavy burden’ of juvenile costs, fees

James Wilson was only 10 years old when he first encountered the juvenile justice system. By age 11, he was in a detention center. From then on, he was in and out of the system until age 26.

Wilson has since created a nonprofit organization called Circle Up Indy, promoting stronger, less violent communities. But as someone with personal experience in the criminal justice system, Wilson said the costs and fees associated with juvenile prosecution both perpetuates the cycle of poverty and exacerbates recidivism for kids.

“Juvenile costs and fees disproportionately punish low-income youth and their families and communities of color just because they cannot afford to pay,” Wilson said in testimony submitted Tuesday to the Indiana Interim Study Committee on Corrections and Criminal Code.

The study committee, led by chair Sen. Susan Glick, R-LaGrange, and co-chair Rep. Wendy McNamara, R-Evansville, heard hours of testimony from individuals with personal experience as to the effects of costs and fees related to juvenile prosecution.

Johnetta Brown testified that if she didn’t live in Marion County, her family would not have been able to afford the costs and fees associated with her daughter’s time in the juvenile justice system.

“It would have made it difficult to pay bills, buy groceries, provide necessities for my family,” Brown said. “… I don’t think it is right to put such financial burdens on families who are often both facing their worst nightmare and unable to afford it.”

Carolina Figueroa testified that almost 20 years after her brother’s first encounter with law enforcement at age 14, her parents are still buckling under the weight of more than $10,000 of debt to pay for his costs and fees. They had to borrow against their home and only paid interest on the loans because they couldn’t afford to pay more, she told legislators.

“Even when a balance is fully paid for a child in the system, years later it can still be impacting that family,” Figueroa said. “My parents are now older and can’t work like they used to. My mom is sick and they are strapped with this unaffordable loan.”

Brown said it could be easier for families that do have the financial resources to pay costs and fees to wipe their kids’ records clean — even if those kids commit similar offenses as the children whose families don’t have the money.

A long-lasting financial strain has been felt by Donjarico Walton’s family as she tried to raise both her siblings and her own children while paying her brother’s costs and fees for his time in the system.

“It was a vicious cycle,” Walton said in submitted testimony. “We lived paycheck to paycheck for several years. Some months, not all the bills got paid. It was either pay for rent or energy bills or the fees.”

To make the bill, Walton resorted to securing money in ways that she never anticipated, like going to food pantries, donating plasma, asking friends for help and getting energy assistance.

Walton, who said the costs and fees were a “huge burden and hardship” on her family, told legislators during the Oct. 26 meeting that she wished there were more resources and available options for paying off the fees, such as community service. She also told the committee that she hopes to see costs and fees completely eliminated from the juvenile court system.

So far, the committee has discussed and heard public input on the issues of assignment of counsel at initial hearings in criminal cases, human trafficking, juvenile life without parole and other juvenile matters.

Additional members of the committee include GOP Sens. Mike Bohacek, Aaron Freeman and Jim Tomes; Democratic Sens. Tim Lanane, Karen Tallian and Greg Taylor; GOP Reps. Chris Jeter, Greg Steuerwald and John Young; and Democratic Reps. John Bartlett, Ragen Hatcher and Matt Pierce.

Lay members include Putnam County Prosecutor Tim Bookwalter, Linda Brady of Monroe County probation, Bernice Corley of the Indiana Public Defender Council, Amber Finnegan of Jefferson County Court Services and Putnam Circuit Judge Matt Headley.

Meetings from the study committee can be watched online.