The article argues that pay-to-stay fees, which require formerly incarcerated individuals to reimburse states for the costs of their confinement, violate the Excessive Fines Clause of the Eighth Amendment. These fees are punitive in nature, disproportionately burdensome, and fail to account for individuals' ability to pay, perpetuating cycles of poverty and hindering successful reentry into society. The article advocates for the repeal of such statutes to protect constitutional rights and promote social justice, emphasizing the need for legislative reform at the federal level.
Sarah McClure (Sun,) studied this question.