States and local jurisdictions across the United States impose pay-to-stay fees to generate revenue. Sociologist Brittany Friedman analyzes this practice using a necrocapitalism framework—a form of capitalism linked to death and the profits accruing from it. She expands the definition to include financial indebtedness, examining how pay-to-stay fees contribute to a shadow carceral state. In such a state, the penal system is extended through increased civil and administrative legal categories. Pay-to-stay statutes include provisions that allow civil lawsuits to recoup these fees. If unpaid, these fees can lead to civil liens or judgments. This indebtedness can prevent individuals from fully participating in civic society, affecting their eligibility for public benefits, employment, voter registration, business licenses, and valid driver’s licenses. This article highlights statutes nationwide that reveal the broader economic system’s reliance on fees and how local governments engage in necrocapitalism.
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Key Findings:
- 49 states have “inmate reimbursement” statutes, allowing jails and prisons to charge fees.
- Adding civil penalties to a criminal statute simultaneously subjects people to criminal and civil law.
- Florida’s pay-to-stay statutes constitute restitution for a personal injury against the state, shifting the legal construction of incarceration from a criminal sanction to a financial and, thus, civil debt.
- Institutional annexation allows state agencies under administrative law, such as state employment agencies, benefits agencies, and treasuries, to enforce criminal statutes.