What is pay-to-stay?
Pay-to-stay refers to the practice of states and local governments charging fees for the day-to-day cost of incarceration.
Our research focuses specifically on prison pay-to-stay due to the large amounts, often in the thousands or hundreds of thousands, and unique collection mechanisms states utilize to recoup these fees compared to other legal financial obligations. These features make pay-to-stay fees particularly impactful on those incarcerated and their families.
In many U.S. jurisdictions, incarcerated people are charged for the cost of their detention. This often adds thousands of dollars in debt and uses non-traditional collection methods. These mechanisms include civil lawsuits, wage garnishment, account deductions, and claims against estates, lawsuit proceeds, inheritances, and other assets.
Since I've been incarcerated, I've had about six teeth pulled, and the yearly test for hepatitis. These are all the medical procedures I have had. Why would a person want $266,000 for keeping you cramped in a dark dingy cell for fifteen years, that you can't leave when you want to? That kind of money is a very decent lifestyle, unavailable to an inmate.
I pray that you don't take all my money so I'll have money when I'm released on August 24, 2006. I have nothing when I get out of here. I'm trying to get my life back in order.
Last Updated: May 2026
45
45 states currently have active prison pay-to-stay statutes or policies
$5,437,150
The largest pay-to-stay lawsuit amount in our sample of Michigan data, 2003-2019
$131,655
The average pay-to-stay amount in our sample of Illinois data, 1996-2015
1935
First known "pay-to-stay" bill passed in Michigan to seek reimbursement for the cost of incarceration
1979
Justice System Improvement Act of 1979 is passed by the federal government which begins the Prison Industry Enhancement Certification Program (PIECP). This program allows the re-introduction of private employers into state prisons. This legislation includes a requirement for room and board deductions. This language is later adopted into many pay-to-stay state statutes
1980s
Start of mass incarceration policies and practice. Many states passed pay-to-stay statutes during this time period as incarceration costs soared
1994
Florida passes pay-to-stay statute. Many states expanded their existing statutes during the 90s, increasing the time period subject to payment and range of collection mechanisms
2019
Illinois repeals its pay-to-stay statute and other states including Connecticut, Nevada, Missouri begin efforts to repeal in part or completely
Captive Money Lab expands public understanding of pay-to-stay and works toward reforming the laws that enable it
© 2026 Captive Money Lab - Site by Hyperobjekt