Cost of Care Fees in Montana
The Montana Department of corrections charges parents of youth held in the department's custody "cost of care fees" to offset custodial costs. This data represents the Department's fee practices for fiscal years 2015 through 2021
Fees are Inefficient and Costly to Administer
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The Department is colllecting less fees each year. Annual collection decreased by 54% from 2015 to 2021
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The Department's collection costs actually exceed fee revenue every year. In 2021 the Department spent $77,237 to collect $49,371
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From 2018 through 2021, the Department lost more than $62,000 collecting fees.
Statewide outstanding debt for cost of care fees currently amounts to $525,836.
Population Differences Do Not Explain Disparities in Fee Practices.
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Fee Practices Vary Widely by County
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Fee assessment is uneven across counties. While five or fewer families are currently impacted by cost of care fees in almost two-thirds of counties, 76 families are impacted in Yellowstone county alone.
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Fee collection is uneven across counties. From 2018 to 2021, Yellowstone County alone accounted for 27% of fees collected and 30% of families with outstanding fee debt.
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Yellowstone County has 1.4x the population of Missoula County, but charges fees to 5x as many families.
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Cascade County has 2x the population of Ravalli County, but charges fees to 10.5x as many families.
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Collection amounts are decreasing each year. Collections fell from nearly $108.8k in 2015 to $49.4k in 2021, a 54% drop
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The cost of collecting fees outweighs the amount collected each year. From 2018-2021, Collections cost ranged from $72.3k to $77.2k, whereas the highest annual collection amount was only $64.4k. From 2018 to 2021, the department lost over $62k collecting fees.
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Statewide outstanding debt for cost of care fees alone currently amount to $525.8k.
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Fee Practices vary widely by county. The number of families assessed fees in each county ranges from 0 to 76, with 63% of counties charging fees to five or fewer families. the number of families with fee debt in each county ranges from 0 to 52 families, with five or fewer families with fee debt in 69% of counties.
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Yellowstone county accounts for a disproportionate share of fee assessments and collections. The county assesses fees against the highest numbers of families in the state - 76. From 2018 through 2021 the county also accounted for 27% of fees collected and 30% of families with outstanding fee debt.
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Population differences do not explain disparities between county fee practices. Cascade county has twice the population of Ravalli County, yet it charges fees to 10.5x as many families. Yellow County has a population 1.4x that of Missoula County, but it charges fees to 5x as many families.
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Females are overrepresented in "cost of care" data. While girls made up 36% of juveniles referred to Youth Court in 2021, they currently account for 54% of families impacted by fees and 59% of families in collection proceedings
The justice system collects millions of dollars from youth and thier families through fees and fines.
At every point in the system, a young person and their parents or guardians can be charged fees for an electronic ankle monitor, detention, probation supervision, and even a public defender. By charging fees and fines, the justice system drowns youth and their families in debt and pushes them deeper into poverty. Ultimately, this system undermines community health, economic stability, and trust in public systems.
Because of targeted policing and over-surveillance of Indigenous, Black, and Brown communities, these youth are overrepresented and over-punished in the justice system. As a result, fees and fines disproportionately hurt youth of color and their families.
At its core, this is both a racial and an economic justice issue.
What are fees and fines?
When youth get involved with the justice system, Families can face fees, fines, and cost of care charges from the state.
Fees
Courts and other system actors can charge fees to youth and their families for simply coming into contact with the justice system, along with fees for court-ordered services, including diversion programs, ankle monitors, probation, incarceration, and even representation.
Fines
Courts can impose fines on youth for certain infractions or crimes, including ordinary teenage behavior like staying out past curfew, underage drinking, or skipping school.
Cost of Care
Families can be charged for youth being placed in correctional facilities, group homes, or treatment facilities.
Effects on Youth and Families
For some families these fees can be devastating. Forcing them to choose between paying these debts or paying for essentials like groceries , rent, or car payments. A families inability to pay can lead to years of escalation debt and additional punitive consequences, including their own incarceration.
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These fees and fines often disproportionately impact indigenous, black, and brown youth and families. As they are more commonly arrested, over-charged, and receive more severe punishments. These include higher fees and fines. These fees are shown to increase chances of recidivism. Undermining the rehabilative purpose of the juvenile justice system.