Pay-to-Stay Mapped
The State of Pay-to-Stay in the United States
Pay-to-stay refers to the practice of states and local governments charging fees for the day-to-day cost of incarceration.
Active pay-to-stay statute
Timeline of pay-to-stay statutes by state
Click a decade to view the state of pay-to-stay statutes at that time.
States that had active pay-to-stay statutes in 2010s to present
Click a state for full overview.
Pay-to-stay policy details
Select a decade to see the evolution of pay-to-stay policies by state
Pay-to-stay policy details
Glossary
Wages
A number of states collect pay-to-stay fees through wages earned by incarcerated individuals for labor within the prison. These wages sometimes have other names such as allowances, incentive pay, etc. Incarcerated people may be employed either directly by the Department of Corrections (DOC) or through a contracted employer or independent entity affiliated with the DOC (such as prison industry enterprises programs). Our definition of pay-to-stay fees only applies to fees to cover the cost of incarceration so this category does NOT include fees related to work-release, community corrections, or transitional programs where incarcerated people are housed separately from the state prison and employed by private employers in preparation for release.
Assets/Estate
This category includes a variety of financial assets, such as bank accounts including inmate accounts, worker’s compensation, social security benefits, and other financial assets. In some instances this also includes physical property including homes of the incarcerated person and their family. This category can include deposits made by family members or friends into inmate accounts. Some states consider a broad definition of assets that includes the estate of the individual, which often includes shared family assets.
Legal Settlements/Winnings
Several states garnish funds received through varied situations where an incarcerated person or recently released person receives money through legal winnings, claims, and awards. For example, some states seize funds acquired from a personal injury lawsuit that an individual won while incarcerated.
Only Through PIECP or Wages In Conjunction with Outside Employers
Some states only deduct pay-to-stay fees as part of their participation in the federal Prison Industry Enhancement Certification Program (PIECP) or through wages paid by private employers. These states are indicated in the map above. Eight states do not appear shaded because there is not state-level statute that authorizes this despite participation in the PIECIP: Hawaii, Louisiana, New Hampshire, Maine, Mississippi, North Carolina, North Dakota, and Utah.
Methodology
The map shows the current status of pay-to-stay statutes across the United States. Pay-to-stay refers to the practice of states and local governments charging fees and seeking reimbursement for the day-to-day costs of incarceration. This map reflects the “laws on the books” and does not incorporate states that are actively pursuing collection. We are still exploring the degree to which states collect these fees. Oftentimes, the degree of collection is not tracked and/or publicly accessible.
See the full methodologyWe are a collective of scholars focused on uncovering the varied ways in which states extract financial and material resources from incarcerated people, their families, and communities in the United States. Through academic, policy, and creative efforts, we hope to shed light on these practices and their impacts.
Learn about the labRecommended citation
Captive Money Lab. (2026). The State of Pay-to-Stay in the United States [Interactive Tool]. Captive Money Lab. https://captivemoneylab.org/state-of-pay-to-stay
