In three Texas counties, the average probation fee imposed was $7,296, $2,035, and $3,050, respectively.
Monetary sanctions are ingrained in every element of the criminal legal system, including as a condition of community supervision. This study examines the administration, collection, and enforcement of fines and fees within community supervision, utilizing a mixed-methods and multi-state research approach. The report draws on the Community Corrections Fines and Fees Study findings, which examined probation and parole systems across seven U.S. states, administrative data from Texas, survey responses from probation staff and officers in Texas, and qualitative interviews with individuals who were currently or had recently been released from parole or probation, as well as those who provided support to someone under supervision. Texas is a unique state to study, as Texas probation departments rely on supervision fees to fund officer salaries and other departmental costs. The findings indicate that monetary sanctions are widespread across jurisdictions but uneven in their assessments. Respondents described routinely sacrificing food, housing, or medical expenses to make court payments—often “scraping together pennies” to avoid penalties. For many, the inability to pay resulted in extended probation, driver’s license suspensions, or incarceration, further entrenching disadvantage.
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Key Findings:
- In county one, 50 percent of individuals identify as unemployed compared to 15 percent in county two and 31 percent in county three.
- 91 percent of probation officers surveyed indicated that their agency tried to collect as many fees as possible.
- Only 43 percent of Texas prohibition officers reported they had some authority to decide if uncollected fees became a sanction.
- According to the CCFF Study, 96 percent of Texan respondents reported that their agency could extend a person’s supervision term as a sanction for noncompliance; though less common, 35 percent said their agency would violate.
- For non-payment, if other conditions were also present, 8 percent stated their agencies would revoke probation.
Recommendations:
- Perform cost-benefit studies to examine how much supervision fees are imposed on individuals and how much time is spent on collections by supervision officers and other agency staff.
- Alter monthly supervision payments to an amount that the individual has the ability to pay.