Financial sanctions and the justice system: Fine debts among New South Wales prisoners with a history of problematic substance use

Abstract

Financial sanctions are considered a cost-beneficial alternative to incarceration for lesser offences, but their use has limitations. This study investigates the debt burdens of a group of offenders incarcerated in New South Wales (NSW), Australia, and assesses associations with health and social functioning. Between October 2008 and June 2009, 156 participants of a reintegration programme operating in NSW prisons (the Justice Health Connections Project) completed face-to-face structured interviews concerning the nature, amount and impact of their debts. Copies of participants' NSW State Debt Recovery Office (SRDO) records were also obtained. Ninety-five per cent of participants reported debt to the SDRO. Participants who provided an estimate of their debt reported an average of $12,161 owed to the SDRO, compared to their verifiable average of $8,854. Eighteen per cent of participants with SDRO debt had incurred their earliest outstanding fine when they were younger than 18 years old. Sixty-four per cent perceived their SDRO debt as stressful; and 94 per cent reported that their debt was made worse by drugs (92%) and/or fine enforcement actions (50%). Based on the average Australian pension income and repayments of $15 per week, the average SDRO debt would take an ex-inmate 11 years to repay. Given the many challenges faced by these individuals upon re-entry to the community the additional strain imposed by unmanageable financial penalties should not be ignored. Steps are required to ensure that the criminal justice need for retribution is balanced against the benefit of having ex-prisoners re/join and contribute to a safe and law-abiding society.