Brennan Center for Justice Marylands Parole Supervision Fee a Barrier to Reentry 2009

Brennan Center for Justice Marylands Parole Supervision Fee a Barrier to Reentry 2009

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M a ry l a n d ’ s pa r ol e
s u p e rv i s ion f e e :
A B a r r i e r to r e e n t ry
Rebekah Diller, Judith Greene, and Michelle Jacobs

Brennan Center for Justice at New York University School of Law

ABOUT THE BRENNAN CENTER FOR JUSTICE
The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our
work ranges from voting rights to redistricting reform, from access to the courts to presidential power in the fight against terrorism. A singular institution – part think tank, part public
interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the
public sector.

ABOUT THE BRENNAN CENTER’S access to justice
PROJECT
The Access to Justice Project at the Brennan Center for Justice at NYU School of Law is
one of the few national initiatives dedicated to helping ensure that low-income individuals,
families and communities are able to secure effective access to the courts and other public
institutions. The Center advances public education, research, counseling, and litigation initiatives, and partners with a broad range of allies – including civil legal aid lawyers (both in
government-funded and privately-funded programs), criminal defense attorneys (both public
defenders and private attorneys), policymakers, low-income individuals, the media and opinion elites. The Center works to promote policies that empower those who are vulnerable,
whether the problem is eviction; predatory lending; government bureaucracy (including, in
some instances, the courts themselves); employers who deny wages; abusive spouses in custody disputes or in domestic violence matters; or other problems that people seek to resolve
in reliance on the rule of law.

© 2009. This paper is covered by the Creative Commons “Attribution-No Derivs-NonCommercial”
license (see http://creativecommons.org). It may be reproduced in its entirety as long as the Brennan
Center for Justice is credited, a link to the Center’s web page is provided, and no change is imposed.
The paper may not be reproduced in part or altered in form, or if a fee is changed, without the Center’s
permission. Please let the Brennan Center for Justice know if you reprint.

Acknowledgments
The authors would like to thank Kirsten Levingston, now a Program Officer at the Ford
Foundation, and formerly Director of the Criminal Justice Project and Director of Special
Initiatives at the Brennan Center, who conceived of this report and helped to guide the initial
research. David Udell and Emily Savner at the Brennan Center helped edit the report and provided substantial research assistance. Additional research assistance was provided by Jamuna
Kelly, Kennon Scott, Jessica Karp, Cassandra Snyder, and Nikhil Dutta. The authors would
also like to thank Judith Sachwald, former director of the Maryland Division of Parole and
Probation, Phil Pié, executive deputy director of the DPP, and the many DPP agents who were
most generous in sharing their insights with our research team. David Soulé, executive director of the Maryland State Commission on Criminal Sentencing Policy, and Roderick Morant,
Delinquent Accounts/Loan Manager of the Maryland Central Collection Unit, also provided
helpful information.
We are extremely grateful to the residents of Marian House, and the clients of Alternative
Directions, the Re-entry Partnership Initiative and Goodwill who shared their stories with
us. Mary Denise Davis, Kisha Brown, Serena Holte, Brenda Mader, Paul DeWolfe, Wanda
Martinez, James Johnston, Mike Beach, Eric Reed, Scott Whitney and Clark Wisdor, Special
Master in Montgomery County, all provided insights into the legal challenges persons returning from prison face. Knowledgeable staff members from a number of agencies shared insights
with us: Mary Joel Davis of Alternative Directions; Rada Moss and her staff, Andre Fisher
and William Duncan at Re-entry Partnership Initiative; Dawn Ringgold of Project Reconnect; Katie Allston and Jessica Statesman of Marian House; Phillip Holmes, Erthman Naesea
and Gwendolyn Newman of Goodwill Industries of the Chesapeake, Inc.; and Glen Plutchak,
formerly of the DPP. Participants at two convenings at the Open Society Institute-Baltimore
also provided critical feedback.
This report was supported by a grant from the Reducing the Social & Economic Costs of
Incarceration Program of the Open Society Institute, as well as by a grant from the Abell
Foundation. The statements made and views expressed in this report are the sole responsibility
of the Brennan Center.

about the authors
Rebekah Diller is Deputy Director of the Justice Program at the Brennan Center for Justice
at NYU School of Law. Ms. Diller coordinates litigation, policy research and advocacy to
improve access to justice for low-income people. Previously, Ms. Diller served as a staff attorney and then director of the New York Civil Liberties Union’s Reproductive Rights Project
and as an attorney representing low-income clients in housing and government benefits cases
at Legal Services for the Elderly in Queens and Housing Works, Inc. She received her J.D.,
with high honors, from New York University School of Law, and her B.A., cum laude, from
Rutgers College.
Judith Greene is a criminal justice policy analyst whose essays and articles on criminal sentencing issues, police practices, and correctional policy have been published in numerous books, as
well as in national and international policy journals. She has received a Soros Senior Justice
Fellowship from the Open Society Institute, served as a research associate for the RAND Corporation, as a senior research fellow at the University of Minnesota Law School, and as director of the State-Centered Program for the Edna McConnell Clark Foundation. From 1985 to
1993 she was Director of Court Programs at the Vera Institute of Justice.
Michelle Jacobs teaches law at the University of Florida, Levin College of Law. She received
her A.B. cum laude from Princeton University in 1977 and obtained her Juris Doctorate from
the Rutgers University School of Law- Newark in 1982. Professor Jacobs began teaching after
practicing as a criminal defense lawyer in New York and New Jersey. She is currently a tenured
professor at the University of Florida, Levin College of Law, where she teaches Criminal Law,
International Criminal Law, Critical Race Theory and a seminar on women defendants on the
criminal justice system. Her scholarship explores the issue of access to justice for the poor,
particularly in the criminal justice context. Most recently, she has focused specifically on the
issues of women who are prosecuted for criminal offenses. Professor Jacobs recently assisted
in preparing a section of the U.S. shadow report for the UN’s Committee to Eliminate Racial
Discrimination.

Table of Contents
Executive Summary

I. Introduction

II. Methodology

III. Most Parolees in Maryland are Unable to Pay the Supervision Fee

A. Profiles of persons on parole in Maryland.

B. Parolees return from prison ill-prepared to obtain employment and resume
stable lives.
9
C. The vast majority of parolees are unemployed.

D. The majority of parolees accumulate substantial debt as a result of their
inability to pay the fee.
12
E. The parole supervision fee is just one of a multiple of financial

obligations.
14
IV. The Parole Supervision Fee Undercuts Reentry Efforts
A. Persistent threats of parole revocation undercut reentry prospects.

17
17

B. Transfer to the Central Collections Unit adds more debt and mars credit

reports.
19
C. Fee collection is at odds with the mission of parole.

D. The Virginia experience: abolishing the fee.

V. Exemptions

A. The Parole Commission has exclusive authority to grant exemptions.

B. The fee is imposed with few exemptions.

VI. Recommendations

Appendix: Text of the Maryland Parole Supervision Law

Endnotes

executive summ ary
In this report, we conclude that billing individuals on parole $40 per month for their supervision is a penny-wise, pound-foolish policy that undercuts the State of Maryland’s commitment
to promoting the reentry of people into society after prison. Implemented nearly two decades
ago during a national wave of new supervision fees, the Maryland policy was intended to raise
extra revenue for general state functions. However, our research shows that the fee is largely
uncollectible due to the dire financial situation in which parolees find themselves and that the
paper debt it creates does more harm than good. Moreover, the imposition of the fee is out of
step with Maryland’s move toward supervision policies that protect the public by promoting the
ability of parolees to reenter society successfully.
To assess the impact and operation of the fee, we examined data from the Maryland Division of
Parole and Probation (“DPP”), spoke with DPP personnel, reentry service providers and parolees, and reviewed the literature detailing the challenges of reentry. From this research emerges
a portrait of a population ill-equipped to subsidize state coffers. Many on parole are struggling
at the most basic levels. They face significant challenges finding housing and employment and
reestablishing family and community ties.
In fact, when it enacted the fee, the Legislature, too, was aware that individuals on parole would
be unable to afford the fee and, accordingly, created categorical exemptions. Yet, the Legislature
vested the Parole Commission, a body with which parolees have little ongoing contact, rather
than the Division of Parole and Probation, whose Supervision Agents meet regularly with parolees, with the exclusive authority to grant exemptions. The Parole Commission imposes the fee
routinely, without conducting evaluations of whether parolees should receive exemptions. As
a result of this practice, and of the cumbersome process for securing exemptions after parole
has begun, Maryland rarely grants exemptions to parolees even though most parolees are likely
eligible.
When exemptions are not granted, as is overwhelmingly the case, the fees accrue as debt owed by
persons on parole. Individuals who cannot pay receive automatically generated letters from DPP
that threaten them with parole revocations (although parole is almost never revoked solely for
failure to pay the fee). At the end of a parole term, the paper debt is transferred from the Division of Parole and Probation to the state’s Central Collection Unit (“CCU”), which continues
the dunning process – in some cases, seeking civil judgments that mar credit reports – and which
adds a one-time 17 percent surcharge onto the underlying debt.
Parole Supervision Agents, reentry service providers and individuals on parole agree that the
strain of owing money that cannot be paid and the repeated receipt of threatening letters undermine efforts to reenter society successfully. The supervision fee debt is often just one of many
1

financial obligations that parolees accrue during prison and parole in Maryland. Others include
back child support, drug and alcohol testing charges, and fees for participation in drug treatment
and other programs.
Because it hinders reentry goals by burdening parolees with debt they are unable to pay, we recommend abolishing the parole supervision fee, a step Virginia took in 1994. Although it raises a
small amount of revenue – $334,752 in fiscal year 2008 – the fiscal benefit is outweighed by the
risk that the fee contributes to recidivism, and thereby results in higher incarceration costs. The
fee is out of step with Maryland’s shift toward supervision policies that promote reentry and is a
distraction from the crime-prevention mission of the Division of Parole and Probation. In the
alternative, we recommend improving the way the fee is implemented to ensure that exemptions
are approved where due. Our key findings and recommendations are set forth below.

key findings

1. When it authorized the fee in 1991, the Legislature knew that most parolees would
be unable to afford the fee, and therefore built in exemptions. The Legislature created a
set of exemptions for individuals who were unemployed, disabled, obtaining job training,
contending with family obligations and undue hardship, or enduring other extenuating circumstances.
2. Most parolees are, in fact, unemployed and unable to afford the fee. Only one-quarter
are employed full-time when parole begins. Only one-third are employed full-time when
their parole term ends.
3. The system for granting exemptions is broken. Although these exemptions are “on the
books” and most parolees would qualify for one, they are not generally used. The fee is routinely imposed on the vast majority of parolees who are not employed full-time and therefore
unable to pay.
4. On average, parolees are ordered to pay $743 in supervision fees over the course of
their parole terms. Many are ordered to pay other sums as part of parole, such as fees for
drug and alcohol testing and community service. Many also have unpaid child support
debt.
5. Only 17 percent of the supervision fees assessed are collected by the end of parole.
Nine out of 10 individuals have outstanding supervision fee debt when parole ends. In 75
percent of the cases, the debt was turned over by the Division of Parole and Probation to the
Maryland Central Collection Unit to pursue collection.

6. Revenue generated by the supervision fee is not dedicated to financing parole supervision. Instead, it is diverted to the state’s general revenue fund, from which it is used to
finance any Maryland state government function.
7. Dunning by the Division of Parole and Probation and by the Central Collection Unit
pressures individuals, undermines reentry, and is out-of-step with Maryland’s effort to
reduce recidivism. Fee collection pulls parole agents away from more important duties such
as helping parolees find jobs.

recommendations
We recommend that the four state bodies administering the parole supervision fee in Maryland
– the Legislature, Parole Commission, Division of Parole and Probation, and Central Collection
Unit – take the following steps to fix Maryland’s parole supervision fee:
Legislature:
• Abolish the parole supervision fee outright. The Maryland Legislature should abolish
the supervision fee outright in light of the inability of most parolees to afford it, the limited
revenue it raises, and the detrimental effect it has on reentry. This is the path that Virginia
chose in 1994 after finding that its parole supervision fee undermined correctional goals and
was too difficult to collect.
In the alternative, the Legislature should:
• Implement a sliding scale fee tailored to an individual’s financial circumstances. Those
parolees who can pay more should pay more. Those who are able to pay very little or nothing
should have their obligations adjusted accordingly.
• Ensure that the obligation to pay the fee does not commence until a Division of Parole
and Probation agent has done an initial assessment of the parolee’s circumstances. The
DPP is better positioned than the Parole Commission to evaluate an individual’s ability to
afford the fees and make payment.
Parole Commission:
• Evaluate exemptions up front. Even without a legislative change, the Parole Commission
should conduct front-end evaluation of whether parolees should be considered exempt based

on disability, enrollment in job training and other educational programs, family obligations
combined with undue hardship, and other extenuating circumstances.1
Division of Parole and Probation:
• Direct parole agents to help individuals apply for exemptions. Even without a legislative
change, the DPP should reverse current policy, and direct agents to help supervisees apply for
exemptions, effectuating the Legislature’s goal of ensuring that qualified individuals receive
exemptions.
Central Collection Unit:
• Eliminate the 17 percent surcharge added to parole supervision fee debt. Even without
a legislative change, the CCU should eliminate the 17 percent surcharge that automatically
enlarges supervision fee debt solely because the parolee was unable to afford the fee during
parole. This undercuts reentry and is bad policy.

1 An up-front assessment also would be desirable for the first, and most common, exemption ground —unemployment. However, the current statute contemplates such an exemption later in the parole term “after the
supervisee has diligently attempted but has been unable to obtain employment ...” Md. Code Ann. Corr.
Servs. § 7-702(d)(1) (2008).
4

introduction
Given the increasing use of economic sanctions by state governments, people entering the criminal justice system are unlikely to leave it without incurring new debt. For example, Maryland
law authorizes charges for everything from an individual’s initial arrest, to the costs of a constitutionally mandated public defender, to the costs of the individual’s supervision on probation
or parole.1
Most of these charges are unrelated to the criminal system’s putative goals of punishment, deterrence, incapacitation, and rehabilitation. Instead, they are designed to subsidize state budgets.
This growing category of debt – created by fees levied to generate revenue – is distinct from
fines and restitution, the two more traditional categories of criminal justice-related “legal financial obligations,” or “LFOs.” Fines are the traditional monetary penalty, usually based on the
severity of crime, imposed to punish an individual.2 Restitution, a court-ordered payment by
the offender to compensate the victim for financial loss resulting from the crime,3 is rooted in a
restorative justice approach that emphasizes repairing the harm of criminal behavior.
Revenue-generating “fees,” on the other hand, are assessed not for any criminal justice purpose,
but rather to fund state budgets. They are imposed on a largely indigent population, rather than
on the general tax-paying populace. And, they are imposed without regard to their impact on
the ability of persons convicted of a crime to reenter society after completing court-mandated
punishment. The parole supervision fee in Maryland – a monthly obligation of $40 that totals
of hundreds of dollars over the course of the parole term – is just such a charge.
Enacted in 1991, the Maryland parole supervision fee law was part of an understandably popular
trend to charge persons convicted of crimes for the costs of their punishment. By 1990, 26 states
had implemented probation fees and parole fees.4 Prompted by increasing costs, reduction of
resources, and increased public support for shifting costs to offenders, states increasingly turned
to fees not to further penological policy, but rather to raise revenue.5 Revenue enhancement
was the parole supervision law’s primary goal, too. As the Maryland Attorney General stated,
“[t]he legislative history files reflect that the primary concern of the General Assembly in enacting the bills was to develop a new source of revenue in difficult economic times.”6 Although
the fee is connected to the individual’s parole status, the revenue generated by the fee does not
finance the parolee’s supervision and, instead, is deposited in the state’s general fund, where it is
used to finance general state operations.7
Nearly two decades after the enactment of the supervision fee, there is a growing awareness of
the substantial barriers that persons leaving prison face when they attempt to reenter society. A
body of research – much of which has focused on the Baltimore area – has confirmed that persons leaving prison face significant hurdles in obtaining employment, housing and other social
5

services.8 Many individuals also face financial burdens from staggering child support arrears,
drug and alcohol testing fees, and, in some cases, fees for participation in drug treatment and
other programs that are conditions of their parole. In short, the parolees from whom the state
seeks to subsidize its coffers are often struggling to get by at the most basic levels.
At the same time, there is a growing recognition among policy-makers and the public at large
that criminal justice policy needs to promote successful reentry in order to prevent recidivism,
protect public safety, and reduce ballooning costs borne by taxpayers for imprisonment. Governor Martin O’Malley has recognized the need to take “concrete steps to make sure offenders
who have served their debt to society have the tools and resources they need to re-enter society.”9
Each year the Maryland Division of Corrections (“DOC”) releases approximately 15,000 prisoners back into the community.10 Currently 51 percent of those released are reconvicted and
return to custody (either for a new offense or for revocation of probation or parole) within three
years.11
In response to these high recidivism rates, the Maryland Department of Public Safety & Correctional Services (“DPSCS”) has put renewed emphasis on promoting successful reentry.12 In
keeping with this focus, DPSCS’s Division of Parole and Probation (“DPP”) pioneered a model
of supervision to enable people leaving prison to reenter the community and succeed.13 Titled,
“Proactive Community Supervision,” the approach relies on individualized assessments to identify risks and needs of each ex-offender. Drug and alcohol treatment, mental health treatment,
educational assistance, and job skills training are provided, as appropriate. DPP has cut supervision agents’ caseloads so they can spend more time in the supervisees’ communities, working
one-on-one with supervisees and building relationships with their families, friends and neighbors.14 This model has proven successful, reducing re-arrest rates and technical parole violations
by 42 percent and 20 percent, respectively. It has demonstrated that such programs can effectively slow or stop the “revolving door” to prison.15
The parole supervision fee – which most believe does not further a rehabilitative purpose – is out
of step with these innovations that have made Maryland a leader in advancing effective supervision and reentry approaches. Given the massive unemployment rates among parolees, the
substantial financial hardships they face, and the undermining effect of new fee debt, this report
urges elimination of the parole supervision fee as a revenue source in Maryland. We hope that
Maryland policy-makers will reevaluate the wisdom of imposing the fee obligation in light of the
findings set forth below. Although this report is confined to Maryland’s particular experience
with the parole supervision fee, we believe it will prove useful to other communities attracted to
the short-term solution of new criminal justice fee debt when budgets are tight.

ii.

methodology
To examine the impact of the parole supervision fee on people reentering their home communities from prison, we examined data obtained from the Maryland Division of Parole and Probation for all 7,524 parole supervision cases that were closed (i.e., the parole supervision term was
completed, or parole supervision was revoked, etc.) by the DPP between July 1, 2006 and June
30, 2007.16 Because most people released from prison in Maryland are placed “on parole,”17 the
data is reflective of the population returning home from prison in general.
To further illuminate the impact of the fee, we interviewed 20 people currently reentering society after having been incarcerated. To ensure a free exchange, interviewees were assured that
their names would remain confidential. We also interviewed 20 reentry service providers and
public defenders. Finally, a focus group of supervision agents drawn from DPP district offices
from across the state helped us to understand DPP policies and operational practices from the
perspective of those who administer them “in real time.” Those parole agents were speaking for
themselves and not as conveyers of official DPP policy. Top managers at the DPP provided a
wealth of additional insights about a raft of complex issues.
This report also builds on the work of other reentry advocates and criminal justice experts, who
have drawn attention to imposition of financial penalties and obligations on those convicted of
crimes.18

iii. most parolees in maryland are unable to pay the
supervision fee
Most people released from prison face hurdles to obtaining personal and financial stability in the
community, and few are equipped to comply with legal financial obligations such as the supervision fee. In our interviews, parole agents, defenders and reentry service providers all identified
a similar list of the obstacles that people face at reentry: 1) insufficient job and training opportunities that would allow the returning person to earn a living wage; 2) lack of affordable and
appropriate housing; 3) lack of support services, including mental health services as well as other
forms of health treatment; and 4) lack of adequate drug treatment facilities. All of these factors
combine to make payment of the supervision fee extremely difficult, if not impossible, for most
parolees.

Profiles of persons on parole in Maryland.
There are two types of parole in Maryland. The first type, which comprised thirty-seven percent
of the cases in our data sample (and is referred to below simply as “parole”) involves the discretionary and conditional release of people into the community following a Parole Commission
7

hearing that considers such factors as the circumstances surrounding the crime, behavior while
incarcerated, societal compatibility and attitude, and others. The second type, which comprised
63 percent of our cases (and is referred to below as “mandatory parole”) involves people released
into the community before the end of their sentences as a result of sentence reduction credits for
good behavior and other factors.19

Type of Post-prison Supervision
Parole:
2,777;
37%

Mandatory
Parole:
4,747;
63%

The majority of all parole cases involved Black men. The median age at release was 35. Most cases
involved people who were not married. Almost half (47 percent) of the cases involved parolees who
had been sentenced in Baltimore City, and another 11 percent were sentenced in Baltimore County.

Race of Parolees
Indian: 4; 0% Asian: 13; 0%
White: 1,998;
27%
Black: 5,495;
73%
Of those on parole, 91 percent were male and 9 percent were female.

Sex of Parolees
Female: 693;
9%

Male: 6,831;
91%

Most were unmarried.

Marital Status of Parolees
Single: 61%

Married: 8%
Divorced: 6%
Separated: 3%

Unknown: 21%
8

Widowed: 1%
Common Law: 0%

Parolees return from prison ill-prepared to obtain employment and resume
stable lives.
An extensive study by the Urban Institute of those returning from prison to Baltimore City
found that most people left prison with few financial resources beyond “gate money.” The
median amount of money on hand was reported to be just $40. During the first few months
back home, a majority was dependent on financial support from family members, and 80 percent were living with family.20 More than one third had one or more dependants relying on
them for financial support. Thirty-nine percent reported child-support obligations four to six
months after release.21
Most return quite ill-prepared for entry into the labor market, the Urban Institute found. Most
of Maryland’s ex-prisoners lacked stable pre-prison employment histories.22 Just 13 percent
had been able to improve their level of educational attainment while incarcerated. Fewer than
a quarter had been able to participate in a job-training program while in prison.23 Most people
returning to Baltimore reported some drug (78 percent) or alcohol use (61 percent) prior to
prison. More than 40 percent reported daily heroin use.24
The data we obtained from the DPP indicate that while almost half of parole cases involved
people who had graduated from high school or obtained a GED, very few had gone beyond that
level of educational attainment to acquire the skills required to qualify for a job with good pay
and benefits in today’s economy. Of the sample, 42 percent had dropped out prior to completing high school.

Educational Attainment (when known)
High School/GED:
50%
Some College: 7%

Drop Outs: 42%

None: 0%

College Grad: 1%
Advanced Degree: 0%

Many people in reentry whom we interviewed said that they had found it difficult to obtain reliable long-term employment. They often reported securing low-wage jobs where employment
lasted four to six months, but said that finding sustainable work was difficult because of lack of
skills, low levels of education, felony records, and gaps in employment history that frequently
come with bouts of incarceration or extended periods of drug addiction.

Parole agents are well-aware of the labor market barriers.
Most parolees don’t want to go back to prison, but they need to find employers who
will hire them. All the system does is re-convict them. The felony conviction is a cap
on job opportunities.
— Parole Agent
We need to look at the population’s obstacles. The felony charge right there is a huge
obstacle for the parolee because he can’t get a job. I try to get them federally bonded,
but the hardest thing for them is to become employable and get a job.
— Parole Agent
On top of the difficulty finding employment, those released from Maryland’s prisons also face
barriers to obtaining housing. The Public Housing Authority in Baltimore takes account of
criminal history in considering applicants for affordable housing, and maintains an outright bar
against those convicted of drug-related and violent crimes.25
The majority of people give addresses to their mothers’ houses when they leave jail, or
give addresses for housing projects that they can’t live in anymore [because of their
conviction]. Most of the time there’s no home, or plan for a job.
— Parole Agent
A person returning may or may not have a support network to help with the transition back to
society. If a formal reentry program is not ordered by the Parole Commission, it is up to the
individual to make effective use of resources in the community. That is a difficult task for some.
Initial efforts to locate and effectively use resources can be unsuccessful, making it impossible for
the returning person to meet daily needs.
My family passed while I was inside. I have no family out here. I got out in November 2007 after fifteen years ... I’ve been here [Goodwill] three weeks. I do a little
on my own. I don’t want to go back in [the] street.

— Goodwill Client

The vast majority of parolees are unemployed.
It is not surprising, then, that the data show that most people returning to their communities
after serving a prison sentence are unemployed. Overall, less than one-quarter of parole cases
involved people who had secured full-time employment as they began parole supervision. As the
second pair of charts shows, Blacks were more likely to be unemployed than Whites. Employment status showed improvement (especially for Whites) over the course of parole, yet by the
time the cases were closed, just one-third of parolees had obtained full-time employment. 26
10

Overall Employment Status at
Case Activation
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%

73%

24%
1%

Employed Employed Unemployed Other
Full-time Part-time

0%
Student

Employment Status at Case
Activation by Race
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%

75
67

29
22
2 2

1 2

0 0

Employed Employed Unemployed Other
Full-time Part-time

Student

Overall Employment Status at
Case Close
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%

45%
33%
16%
6%

Employed Employed Unemployed Other
Full-time Part-time

Student

Black
White

Employment Status at Case
Close by Race

100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%

50
33

6 6
Employed Employed Unemployed Other
Full-time Part-time

1 0
Student

Even for those parolees who do find work, financial resources are thin. Although the DPP dataset we
studied did not include information about the types of jobs these parolees secured, nor about the wages
or benefits that they received, the Urban Institute found that the median hourly wage received by the
people interviewed in Baltimore was just $8.27 For a single adult living in Baltimore City, the average
monthly cost of living, including housing, food, transportation, health care, miscellaneous expenses, and
taxes totals $1,881.28 Working full-time at $8 an hour would allow a person to earn $1,280 a month,
falling more than $600 below a self-sufficiency level.
11

The majority of parolees accumulate substantial debt as a result of their
inability to pay the fee.
The parole supervision fee is imposed as a monthly obligation, rather than as a single lump sum
at case activation.29 Therefore, the total sum for a particular individual will be the product of
the number of months the person is under supervision multiplied by the standard monthly fee
amount ($40).30 For the parolees whose cases we analyzed, supervision fees ranged from $5 to
$5,600. The mean amount was $743 and the median was $560.31

Supervision Fee Amounts
Ordered
2000
1800
1600
1400
1200
1000
800
600
400
200
0

$1-$99 $100$299

$300- $500- $1,000- $1,500- $2,000- $3,000- $4,000- $5000$499 $999 $1,499 $1,999 $2,999 $3,999 $4,999 $9,999

In light of the circumstances in which most parolees find themselves, it is not surprising that
nine out of ten people on parole will have failed to pay the full amount of supervision fee debt
when they exit the parole system.
Thus, of the total amount of supervision fees ordered in our sample, only 17 percent, or $752,838,
was collected. In the overwhelming majority – 75 percent – of cases, the accumulated outstanding
fee debt was turned over to the Central Collection Unit (“CCU”) of the Maryland Department of
Budget and Management, which, as is described below, uses civil legal means to demand payment.32

Payment Outcomes
Referred to CCU:
75%

Paid in Full: 10%
Community
Deemed
Service: 0%
Uncollected by Uncollectible: 9%
Stayed: 0% Termination: 6%

Payment outcomes are somewhat associated with employment status at case activation. Thus, cases
involving people who were fully employed at case activation were more likely to result in full payment
of legal financial obligations,33 with 13 percent making payment in full. For individuals employed
part-time, or who were unemployed, only 8 percent made payment in full.

Payment Outcomes and Employment Status at Case Activation

Employed
Full-time

Employed
Part-time Unemployed Other Student

Grand
Total

Paid in Full

13%

32%

43%

10%

Deemed Uncollectible

Uncollected by
Termination

Stayed

Community Service

Referred to the CCU

75%

84%

78%

55%

57%

77%

Payment outcomes are more strongly associated with employment status at case closing. Cases involving people with full-time employment were significantly more likely to result in payments of $100 or
more than cases involving the unemployed.

Supervision Fee Amounts Paid and Employment Status at Case Closing

Employed Employed
Full-time Part-time Unemployed Other
Student

Grand
Total

53%

68%

82%

76%

79%

71%

$1-$99

11%

$100-$299

13%

10%

$300-$499

$500-$999

$1,000-$1,499

$1,500-$1,999

$2,000-$2,999

$3,000-$3,999

0%
13

Payment outcomes appear to be somewhat associated with race. Cases involving Whites were
somewhat more likely to result in full payment than cases involving Blacks, but the great majority of cases for both racial groups resulted in unpaid obligations being referred to the Central
Collection Unit. Given their low rates of employment relative to Whites, it is not surprising that
payment outcomes were lower for Blacks.34

Payment Outcomes and Race

White

Black

Paid in Full

17%

Deemed Uncollectible

10%

Uncollected by Termination

Stayed

Community Service

Referred to the CCU

68%

77%

In fiscal year 2008, the DPP and the CCU collected only $334,752 in parole supervision fee
revenue, adding a negligible sum to state funds.

The parole supervision fee is just one of a multiple of financial obligations.
The recurring parole supervision fee is often not the sole monetary burden that parolees face on
their return from prison. Many have additional financial obligations, most notably child support, which in many instances continues to accrue during incarceration and can total tens of
thousands of dollars. A 2005 University of Maryland study found that there were 17,214 child
support cases in Maryland with incarcerated parents or previously incarcerated parents. The
average arrears owed for each incarcerated parent was $15,933 and average arrears for parolees
was $13,472.35
Many parolees find themselves obliged to participate in treatment on an “out-patient” or residential/halfway house basis or in other programs – many of which charge fees for services –
as a condition of their parole. The added costs are collected directly by the treatment program
staff, not by the DPP, and information about these fees was not included in the data we received
from the DPP. However, supervision agents reported that non-payment of program fees and
related costs can cause their clients to be terminated from program participation, which could
lead – in turn – to revocation of parole.
Lots of programs push people out for nonpayment, even if they are doing well on the
program.
— Parole Agent
14

These programs won’t let the person back in because of nonpayment, so it looks like
the person is violating their parole conditions even when they’re doing well.
— Parole Agent
For those enrolled in residential programs, there may be extended periods of time when employment is not permitted and thus the parolee cannot earn money. When employment is finally
allowed, program fees are deducted from the person’s wages, and can result in the withholding of
a portion of forced savings, leaving very little cash for covering costs of transportation to work,
support for family members or to pay bills and other financial obligations.
When you come in, it’s free [the program], then it’s a give back. Once you get employed
they take a percentage. If you make $100: 50 percent goes into savings, 25 percent to
Marian House and 25 percent in your pocket. I work cleaning a treatment facility
and bring home a check every two weeks for $198 and I was getting $48 every two
weeks for myself.
— Marian House Participant
In addition, if an individual was convicted of a drug offense, or has a history of drug use or
addiction, he or she may be obliged to pay for urine testing. A parole agent may require such
drug or alcohol testing if he or she believes that a parolee is “slipping back” to a substance abuse
habit. DPP data show that testing fees were ordered in 25 percent of the parole supervision
cases.36 For drug testing by schedule, there is a one-time flat fee of $100. The fee for a random
drug test is $6. The standard testing fee amount for alcohol testing is $1 per month. According
to the data provided by the DPP, total testing fee amounts imposed ranged from $4 to $1,280.
The mean average amount was $91, but the median was $120. The total amount of testing fees
ordered in these 1,867 cases was $170,756.

Testing Fee Amounts Ordered
1400
1200
1000
800
600
400
200
0

$1-9

$10-19

$20-99

$100-199

$200+

People in reentry told us that some individuals are ordered to submit to urine testing as often
as two or three times a week in the period immediately following release. Some of those interviewed said that individuals from Baltimore City were ordered to undergo urinalysis even if the
criminal charges had nothing to do with drugs or drug addiction.
Additional program fees and costs may also be entailed if the DPP requires participation in
domestic violence counseling or anger management. Sex offenders, in particular, may be ordered
to pay fees for polygraph tests. Community service programs also charge admission fees. We
found in our interviews that the parole supervision fee, in combination with other “program”
fees, can quickly add up to as much as $200 per month. Parolees, parole agents, and others, said
that the combined burden can be overwhelming.
Maryland law also authorizes the imposition of other fees related to criminal court proceedings.
Defendants who seek the services of the “free” public defender are charged a $50 application
fee.37 Restitution may be ordered if, among other reasons, property was stolen or damaged, if
the victim suffered monetary losses or incurred certain expenses, or if the government incurred
certain expenses.38
However, restitution, along with certain other court fees, may be waived up-front by judges if
the defendant is indigent.39 This process stands in marked contrast to the process for imposing
the parole supervision fee, in which there is no up-front evaluation of ability to pay and therefore
extremely limited use of exemptions for unemployment and other causes. The DPP data show
that only a small fraction of parolees in Maryland, less than one percent, owe fees and/or restitution stemming from the underlying criminal court proceedings.
As Maryland Circuit Court Judge Allen Schwait explained, the imposition of court fees is often
viewed as an exercise in futility:
In my court I handle major felonies cases. With a population such as I see before me,
imposition of monetary penalties does no good to anyone. During plea bargaining
defense counsel routinely ask me to waive all fines, supervision fees,40 and court costs
and I have no problem doing that. Imposition of such items doesn’t enter into my
consideration at sentencing because I know that they would not be paid. Restitution may be something else, because where there is an aggrieved victim the prosecutor
will generally ask for something to be ordered. I may accept, but frankly, will do so
knowing that by and large it’s an exercise in futility — which troubles me, because
I know that this raises an expectation for the victim that is very likely to be disappointed.

iv. the parole supervision fee undercuts reentry
efforts
Most of the parole agents and reentry professionals whom we interviewed believe that the parole
supervision fee undermines their efforts to assist persons on parole in their transition to life outside prison. Many of the parolees we interviewed spoke of the undermining effect that constant
dunning has on their efforts to get back on their feet.

Persistent threats of parole revocation undercut reentry prospects.
Whenever a parolee fails to pay his or her monthly fee, the DPP sends letters (relying on an
automated computer program) that threaten parole revocation. The letters warn that “failure to
comply or pay as indicated will cause your case to be referred for a summons or warrant.”
The dunning practice is routine, even though the DPP’s practice generally is not to seek actual
revocation of parole based solely on non-payment of the parole supervision fee. DPP practice
is consistent with constitutional limitations on fee collection. Were the DPP to seek revocation
for failure to pay the supervision fee, it would have to demonstrate before the Parole Commission that the failure to pay was willful and not a result of the parolee’s indigency.41 When the
DPP seeks revocation of parole for other reasons, it takes failure to pay the supervision fee into
consideration, but failure to pay the fee is not used as a cause for seeking revocation.42
While revocation of parole is unlikely, the paper debt for failure to pay continues to accrue over
the parole period. Many parolees said that the pressure of constant dunning letters that threaten
revocation cause stress that undercuts prospects for successful reentry. One reentry professional
explained that the DPP’s computer-generated dunning letters pose a constant threat, and that
the frustration created among his clients sometimes pushes some over the edge, to re-offend.
You’re walking around with pressure. The threat you are receiving is putting you
under pressure and the pressure is making you live a miserable life. Just the threat
of having a warrant is hard.
— Client at Goodwill
I have a drug-related offense. I’m on parole until March 2009. Right now I’m in
a residential treatment program, and you can’t work while you are in there. I get a
letter saying I have to pay these costs. They keep shooting letters at you. It makes you
depressed and it can mess around and make you use. But I’ve learned that’s not the
way. I can’t get bus fare to see my parole officer. The bus costs $3.50 twice a month
and then I have urinalysis every week. Some people have it twice a week or even

three times. You need bus fare for each of those times and the urinalysis fee. If you
get in a job program they want you to train, so you’re not getting paid, so you have
to manage to live without getting paid. Even your family doesn’t want to take care
of a grown man. It can drive some one into the street just to make ends meet. Then
you get violated.
— Narrative of “Tom”
I had three cases. I couldn’t pay the money. The agent started calling me to say come
and see them. They would call during the job time. I told them I couldn’t right now,
I’m working and they would say, “It’s your responsibility. Keep the job and go to jail
or come and see me.” My appointments were between 9am and 1pm. I didn’t go. I
had to work. They did come and lock me up.

— Client at Goodwill
It’s stressful. You come home with three felonies and are faced with a large fee. You
have a felony and you’re trying to find a job with felonies. I owed $3200 got it down
to $2000 and haven’t paid a penny since. My other bills are lacking. I’m faced with
violation of parole. I don’t want to go back.

— Marian House Participant
In our conversations with parole agents, reentry workers and people under parole supervision, we
were advised repeatedly that parole agents often “waive” payment of supervision fees. However,
during the course of the study it became apparent that the word “waive” was being used to refer
to an agent telling someone not to worry about the payment obligation at a particular moment
in time. Because this does not constitute actual legal waiver, the unpaid parole supervision fees
continue to accrue as debt, and the DPP continues to issue automatic dunning notices advising
parolees of the failure to pay and warning that the failure will trigger a summons or warrant for
arrest. As noted above, substantial sums may accrue.
Some parolees report having returned to crime to pay their past debts. While it is impossible to
know just how often this occurs, given average costs of almost $32,000 for a year in prison, 43 even
if the supervision fee had a role in just 11 parolees returning to prison for a year, the costs to the
state would surpass the $334,752 raised by the fee in fiscal 2008.
It feels like we are being penalized twice. Incarceration is supposed to rehabilitate
you. But, people are out here doing stuff in the streets just to pay the fees. It’s very
stressful. If I hadn’t been in the program I would have been out there selling drugs to
get the money. The first time I came out I owed $3600 paid it down to $500 before
I went back in. I sold drugs to get the money and then went back to prison.

— Marian House Participant
18

I’m on parole to 2011. They give you the whole fee, $2000. People who are on the
street will just try to find a way to pay…. I went back to boosting [stealing] before
because they threatened to lock me up. I was thinking “I just did time in prison,
does that count for anything.” …It’s a little discouraging to get out and owe $2000
right away.

— Marian House Participant
Although parolees possess limited financial resources, as noted above, the DPP is more aggressive in pursuing collection of the restitution obligations ordered as a condition of parole. If the
parolee’s restitution arrearage reaches the amount of four monthly restitution payments, the
agent must request a summons or subpoena to bring the parolee back to the sentencing court for
a violation hearing and to notify the victim to whom restitution is owed. If parolees owing restitution are employed, their wages may be garnished. Interviews with public defenders and reentry specialists confirmed that the DPP will seek parole revocation for failure to pay restitution.

Transfer to the Central Collection Unit adds more debt and mars credit
reports.
At the end of the parole term, the DPP routinely refers to the Central Collection Unit any
unpaid debt owed by parolees that exceeds a threshold amount of $30.44 A division of Maryland’s Department of Budget and Management, the CCU is charged with collecting delinquent
debt owed to the state.
When debt accounts are transferred by the DPP to the CCU, the amount of debt is substantially
increased. The CCU adds an automatic one-time 17 percent charge for “collection costs” on top
of the outstanding debt amount.45
The CCU then sends two initial notices at 30-day intervals to debtors’ homes or places of
employment informing them that they must either establish payment plans to repay outstanding balances or face the collection methods employed by the CCU.46 Without a response, additional dunning letters from the CCU follow, as the collection process moves forward, with each
letter offering fewer outs to the debtor even if the individual’s financial circumstances remain
unchanged.
Beyond the letters, the collection method used by the CCU depends on the amount of debt and
on the types of assets, if any, held by the individual. If the total debt is less than $750, as is often
the case with parole supervision fee debt, the CCU relies on the automated Tax Refund Intercept
Program (“TRIP”), which intercepts state income tax refunds every year until the entire debt,
plus the 17 percent CCU surcharge, is paid. According to a CCU manager, the CCU generally
does not report debt referred from the DPP to credit agencies.
19

If the debt is $750 or more and if the debtor has attachable assets, the Attorney General of the
State of Maryland files a civil action in state court to secure a civil judgment against the debtor.
Once a civil judgment is obtained, the state can enforce it through wage garnishment and property liens.47 Additionally, as civil judgments enter the public record, they are routinely discovered by credit reporting agencies and incorporated into individuals’ credit reports.
For an individual pursuing reentry into society, the inclusion of an adverse judgment for debt
is a significant event, sometimes further compromising a credit report that is already shaky, and
sometimes damaging a credit report that was previously clean. It can increase the level of difficulty in acquiring a stable post-release home, make more difficult the challenge of obtaining
affordable housing, prompt utility companies to require large deposits for basic services such as
electric, gas and telephone, and increase the cost of car insurance. It may be a source of significant additional stress.
I’m trying to get into the Habitat program now, where I can get my own house. I
passed everything last year except the income qualification. I had A-1 credit but I
didn’t earn enough money. During parole the agent told me not to worry about the
fee. I finished my parole in March 2007. No one said anything to me about the
balance of the fees for supervision. In June 2007 I got a phone call from a collection
agency saying I owe $2800. They said it’s from the $40 a month I was supposed to
pay. Now, they want me to pay $150 a month and it’s on my credit report. They
took my tax return. Now I have income but I have the credit report problem, so
that’s a hardship for me. My fear is that the credit report will stop me. It’s hindering
my advancement in society. I’m really struggling to pay the $150.
— Marian House Participant

Fee collection is at odds with the mission of parole.
There was wide agreement among parole agents and reentry professionals that most individuals
were unable to afford the supervision fee, and that the creation of supervision fee debt places a
significant burden on individuals ill-equipped to handle it. The financial burden can also give
the individual a sense that the system is not interested in having him or her succeed; that punishment just continues in a new form after time in prison has been served.
The fee payment plan puts them into debt right away. The first thing they do when
they get out of jail is visit the parole agent and hear about the total debt (the monthly
fee times length of supervision). So already they feel like a failure. That first payment is due on day one.
— Parole Agent
20

A number of parole agents also believed that the task of collecting revenue-enhancing fees is
inconsistent with their crime-prevention mission of ensuring that supervisees obtain the support
they need to avoid offending again. Some parole agents believe the supervision fee should be
eliminated, explaining that it does not advance parole supervision, in contrast to the legal financial obligation of restitution, which they see as benefiting the victim of a crime and performing
a restorative function for those convicted.

I really want agents to get out of money collection. That would free so much time
[for more important priorities].
— Parole Agent
I don’t want to be a bill collector – if the person has a drug problem it’s more important to get them counseling and to stay out of trouble with police.
— Parole Agent
Instead of supervisory fees for indigent people, I’d like to see them go to a day program where their time is accounted for, to ensure they’re doing something constructive with their time.
— Parole Agent
I think it’s a big deal for these parolees just to make it crime-free and they should
be rewarded, not punished at the end of their supervision with the fee and the 17
percent CCU interest.
— Parole Agent
The parole agents in our focus group recognized that many individuals were unable to afford fee
payments, and frequently mentioned the importance of granting exemptions, but some believed
that the fee obligation could promote responsibility, particularly for the subset of individuals
able to afford payment.

As a supervision agent, I often feel that the fee is standing in the way of parolees.
…But I feel torn about the fees because, on the one hand, many people have no job
prospects or skills – yet paying the fee can help them learn responsibility. And I do
know some who have the income to pay.
— Parole Agent

I know people who have the money to pay and still get the fee waived, while others
who are very poor must pay – that’s unfair. I think they should keep the fee to start,
and if there’s a hardship, then the agent should start the process to get it waived.48
21

This would require an extra report by the agent but it also might keep the opportunities to collect that exist, and be more fair. I know of people who have been in jail for
a while but have a good job skill and can pay the fee.
— Parole Agent
I think the fee should be imposed – it reminds the parolee that he has to pay fees and
bills. I would only revoke for willful nonpayment. For example, I had a parolee
who is a contractor -- working and paying child support, but not the fee -- so I violated him. I think the fee is an incentive.
— Parole Agent
Most of the parole agents we interviewed believed that individualized determinations of ability
to pay would improve administration of the parole supervision fee. Most agreed that evaluating
the financial situation of each parolee would help provide a basis for setting realistic payment
goals. A sliding scale system was seen as useful, as was the idea of developing specific policies
to grant discretionary “waivers” for good cause (such as waiving the fee if a parolee has child
support payment obligations, or allowing a “grace period” without fees for the first six to twelve
months while parolees work to build a stable, crime-free life in the community). Some objected,
however, that income verification and investigation of circumstances would take too much time
from busy agents.
Some think that investigation of financial circumstances under the current system before imposing supervision fees would be advisable.
The Commission could look into working with the parole case managers inside the
jailhouse before people are released.
— Parole Agent
Several other jurisdictions have recognized that individualized determinations, scaled to ability
to pay, improve payment outcomes. For example, as part of its move toward increased use of
“day fines” in lieu of confinement, Pennsylvania’s Commission on Sentencing has recommended
scaling the amount of fines imposed to an individual’s ability to pay.49 A pilot program in Maricopa County, Arizona, also found that consolidating all legal financial obligations into one payment plan, scaled to an individual’s ability to pay, improved collection rates.50

The Virginia experience: abolishing the fee.
Many of the concerns of the Maryland supervision agents in our focus group echo conclusions that
Virginia, too, reached in the mid-1990s regarding its supervision fee. In 1994, Virginia abolished
its parole supervision fee, which had proved to be a “nightmare” for parole officers to collect. In the
22

pre-1994 system, Virginia parole officers were required to collect a $30 per month supervision fee,
revenue from which was deposited into the state’s general fund, as is the case in Maryland.51
The fee proved to be “a huge hassle to collect,” according to a Virginia corrections official.52 In
addition to the problems inherent in requiring parole officers to be fee collectors, the associated
administrative and accounting tasks made collection by the Department of Corrections too
burdensome relative to the small amount of revenue generated by the fee.53 Some within the
Department, including parole officers, objected to the fee and to the parole officers’ role in the
collections process, not only because of the administrative challenges, but also because collection
undermined their other duties: “Parole officers are not loan sharks,” stated Walter Pulliam, Chief
of Operations in Virginia’s Division of Community Corrections.54
Virginia no longer charges an ongoing fee for post-release supervision. Instead, a single flat fee
is levied at the time of sentencing against persons convicted of a crime, and is then collected by
the court clerk. This fee is meant to finance a range of adjudicative and corrections-related costs,
including the costs of post-release supervision, warrants, courthouse maintenance, and witness
expenses.55 The fee amount ranges from $61 for certain misdemeanor convictions to $350 for
felony convictions, and the amount ultimately collected is distributed, in percentages fixed by
statute, to funds associated with the various court and corrections costs.56 While post-release
supervision is one of the items the flat fee is meant to cover, any revenue distributed under the
heading of “supervision” is returned to the state’s general fund.57 It is unclear how this courtimposed obligation affects indigent defendents.

exemptions
Many of the problems with the parole supervision fee could be prevented if the exemptions that
the Legislature intended were actually used. Fully appreciating the goal of raising revenue from
the fee, the Legislature nevertheless recognized explicitly that many parolees would not be in a
position financially to pay the fee. The General Assembly predicted at the time of the fee’s adoption that only 60 percent of persons on parole would be employed and that only 25 percent of
that group – or 15 percent of the total parolee population – could actually pay the fee.58 Thus,
it created exemptions for individuals unable to afford payment. 59
But the exemptions, while on the books and clearly intended by the Legislature to offer relief to
parolees unable to pay, are rarely used in practice. As a result, numerous parolees incur substantial debt from a fee from which they would be exempt if the process worked as intended.

The Parole Commission has exclusive authority to grant exemptions.
The Parole Commission has exclusive authority to eliminate or reduce the supervision fee for any
of the following five reasons:
•
•
•
•

the supervisee is unable, despite diligent attempts, to find a job that enables him orher
to afford the fee;
the supervisee is enrolled in school or a job training program;
the supervisee is responsible for the support of dependents and paying the fee would
constitute an undue hardship; or
“other extenuating circumstances” exist.60

In contrast, while the very same exemptions apply to drug and alcohol testing fees, the statute
confers authority on the DPP to grant exemptions to those fees directly, without requiring
approval by the Parole Commission.61
Although the Legislature anticipated that most parolees would be unable to pay and created
exemptions for them, 62 the continued allocation to the Parole Commission of exclusive exemption authority makes it difThe Maryland Parole Commission determines whether inmates
ficult for individuals ever
serving sentences of at least six months are eligible for release under
to extinguish their obligation to pay.
supervision. Its decisions are made through hearings in which parole is granted based partly on the following factors: i) the circumUp-front exemptions are
stances surrounding the crime, ii) behavior while incarcerated, iii)
almost never granted due
societal compatibility and attitude, iv) mental, physical and moral
qualifications, and v) intended plans for employment and housing
both to the way the underlying law is written and to
upon release. Aside from rehearings, which are held when parole is
the practice of the Parole
not granted at a first hearing, the Parole Commission does not have
a continuing relationship with inmates or parolees.
Commission.
Some of
the exemptions authorized
The Division of Parole and Probation, through 700 locally based
under current law – such
as those for “disability”
agents, supervises persons serving sentences outside of state and
local correctional facilities through regular meetings with and
and for “family obligations
monitoring of offenders. A small portion of DPP agents work as
combined with undue
investigators for the Parole Commission and other criminal justice
hardship” – may be granted
at the moment parole comagencies, gathering information on individuals for pre-sentence
and pre-parole reports.
mences. Yet even though
parolees might qualify for
some of the enumerated
exemptions when parole begins, the practice of the Parole Commission is to impose the fee
automatically and not make an up-front assessment of whether an individual is entitled to an
exemption.
24

In contrast, the most widely applicable exemption – for unemployment – is only available later
in the parole term, after the supervisee has made diligent attempts to find a job.63 However, once
parole is under way, the Parole Commission is, as an operational matter, unaware of the individual’s ongoing financial situation. To obtain a formal exemption, a parolee would have to seek
legal help or proceed pro se in front of the commission. DPP parole agents, who do maintain
regular contact with the individual, are largely cut out of the process. Nonetheless, parole agents
with whom we spoke described an informal practice in which some agents assist individuals with
requests to the Parole Commission for exemptions. DPP policy, however, is formally to forbid
such assistance, according to a senior official. If a parolee asks his agent for an exemption, the
parole agent is supposed to inform him or her “that the Division is without authority to exempt
the offender from the payment obligation” and “[m]ay advise the offender to consult with legal
counsel regarding requesting an exemption from the court or Parole Commission.”64
This DPP policy would appear to foreclose the one route by which parolees actually obtain
exemptions. When we interviewed a member of the Parole Commission, he told us that he
could not recall ever seeing an application for a fee exemption presented directly by a parolee or
parolee’s lawyer. In contrast, he did say that, on occasion, he receives letters from parole agents
asking for waivers, often because a parolee is unable to work and is receiving disability benefits.
He grants these requests, which are infrequent.

The fee is imposed with few exemptions.
As a result of the parole supervision fee law, and of Parole Commission and DPP practice,
exemptions are rarely granted and a fee that all concerned know is unpayable is nonetheless
repeatedly imposed on most parolees.

Supervision Fees
Exempt/Waived
538; 7%

Not Eligible
347; 5%

Imposed
6,601; 88%

Thus, it is unsurprising that an individual’s employment status when parole begins (i.e., when a
parole case “is activated”) appears not to have any effect on whether the parole supervision fee is
imposed. Cases involving people who are unemployed are just as likely to have fees imposed as
those involving people with full-time jobs.65
25

Imposition of Supervision Fees and Employment Status at Case Activation

Imposed

Exempt/Waived

Not Eligible

Employed Full-time

88%

Employed Part-time

95%

Unemployed

89%

Other

83%

Student

75%

13%

Grand Total

88%

vi. recommendations
In light of the detrimental effect that the parole supervision fee has on parolees, the many factors
that impede individuals’ reentry from prison into society, and the widespread inability of individuals to pay, this report raises serious questions about the continued use of the parole supervision fee as a revenue source in Maryland. In keeping with suggestions made by many reentry
professionals, parole personnel and formerly incarcerated persons on parole, we recommend that
the each of the four state bodies that administer the supervision fee take the following steps.

Legislature:
• Abolish the parole supervision fee outright. The Maryland Legislature should abolish
the supervision fee outright in light of the inability of most parolees to afford it, the limited
revenue it raises, and the detrimental effect it has on reentry. This is the path that Virginia
chose in 1994 after finding that its parole supervision fee undermined correctional goals and
was too difficult to collect.
In the alternative, the Legislature should:
• Implement a sliding scale fee tailored to an individual’s financial circumstances. Those
parolees who can pay more should pay more. Those who are able to pay very little or nothing
should have their obligations adjusted accordingly.
• Ensure that the obligation to pay the fee does not commence until a Division of Parole
and Probation agent has done an initial assessment of the parolee’s circumstances. The
DPP is better positioned than the Parole Commission to evaluate an individual’s ability to
afford the fees and make payment.

Parole Commission:
• Evaluate exemptions up front. Even without a legislative change, the Parole Commission
should conduct front-end evaluation of whether parolees should be considered exempt based
on disability, enrollment in job training and other educational programs, family obligations
combined with undue hardship, and other extenuating circumstances.66
Division of Parole and Probation:
• Direct parole agents to help individuals apply for exemptions. Even without a legislative
change, the DPP should reverse current policy, and direct agents to help supervisees apply for
exemptions, effectuating the Legislature’s goal of ensuring that qualified individuals receive
exemptions.
Central Collection Unit:
• Eliminate the 17 percent surcharge added to parole supervision fee debt. Even without
a legislative change, the CCU should eliminate the 17 percent surcharge that automatically
enlarges supervision fee debt solely because the parolee was unable to afford the fee during
parole. This undercuts reentry and is bad policy.

appendix: text of the maryland parole supervision law
Maryland Code Annotated, Correctional Services § 7-702. Fees
(a) In this section, “supervisee” means an individual supervised by the Division of Parole and
Probation for the Commission.
(b) Unless a supervisee is exempted by the Commission under subsection (d) of this section, the
Commission shall assess a monthly fee of $40 as a condition of supervision for each supervisee.
(c)

(1) The fee assessed under subsection (b) of this section shall be paid to the Division of
Parole and Probation.

(2) The Division of Parole and Probation shall pay all money collected under this section
into the General Fund of the State.

(d) The Commission may exempt a supervisee wholly or partly from the fee assessed under subsection (b) of this section if:
(1) the supervisee has diligently attempted but has been unable to obtain employment
that provides sufficient income for the supervisee to pay the fee;
(2)

(i) the supervisee is a student in a school, college, or university or is enrolled in a
course of vocational or technical training designed to prepare the supervisee for
gainful employment; and
(ii) the institution in which the supervisee is enrolled supplies certification of
student status to the Commission;

(3) the supervisee has a disability that limits possible employment, as determined by a
physical or psychological examination that the Commission accepts or orders;
(4) the supervisee is responsible for the support of dependents and the payment of the
fee constitutes an undue hardship on the supervisee; or
(5) other extenuating circumstances exist.
(e) The fee assessed under subsection (b) of this section is in addition to court costs and fines.

(f )
(1) If a supervisee does not comply with the fee requirement:

(i) the Division of Parole and Probation shall notify the Commission; and

(ii) the Commission may revoke parole or mandatory supervision.
(2) The Commission shall conduct a hearing to determine if there are sufficient grounds
to find the supervisee in violation of the fee requirement.
(3) At a hearing under this subsection, the Commission may consider:

(i) any material change in the supervisee’s financial status;

(ii) good faith efforts of the supervisee to pay the fee; and

(iii) alternative means to assure payment of the fee before the period of
supervision ends.
(g)

(1) In addition to the fee assessed under subsection (b) of this section, the Division of
Parole and Probation may require a supervisee to pay for drug or alcohol abuse testing
that the Commission orders.
(2) If a supervisee fails to pay for drug or alcohol abuse testing as required by the Division
of Parole and Probation, the Commission may revoke parole or mandatory supervision.
(3) If the Division of Parole and Probation determines that any of the criteria specified
in subsection (d) of this section are applicable, the Division may exempt a supervisee
wholly or partly from a payment for drug or alcohol abuse testing.

(h) The Division of Parole and Probation shall:

(1) adopt guidelines for collecting the supervision fee;

(2) adopt guidelines for collecting the cost of drug and alcohol abuse testing; and

(3) investigate requests for an exemption from payment if the Commission requests an
investigation.

(i) The Division of Parole and Probation shall:

(1) keep records of all payments by each supervisee; and

(2) report delinquencies to the Commission.

endnotes
1

See Md. Code Ann., Cts. & Jud. Proc. § 7-402(a), (b) (2008) (authorizing sheriff to collect $40 for
taking someone into custody); Md. Code Ann., Art. 27A § 7(c) (requiring defendants to reimburse
the state for public defender services unless the defendant does not have the ability to make such
reimbursement); Md. Code Ann., Corr. Servs § 7-702 (probation and parole supervision fees).

For example, assault in the second degree may be punished under Maryland law by a fine of up to
$5,000. Md. Code Ann., Crim. Law § 3-203(c)(3) (2008). In addition to any other costs required
by law, convicted defendants will also be required to pay $45 in circuit court, Md. Code Ann., Cts.
& Jud. Proc. § 7-409(b) (2008), or $35 in district court, Id. § 7-409(c), plus another $3 in any
court (even when the defendant waived the right to trial), Id. § 7-409(d). These assessments, like
most Maryland court costs, may be waived for indigency. Id. § 7-405.

Md. Code Ann., Crim. Proc. § 11-603 (2008).

Kathryn Morgan, A Study of Probation and Parole Supervision Fee Collection in Alabama, 20 Crim.
Just. Rev. 44, 44 (1995).

Dale Parent, Nat’l Inst of Just., Recovering Correctional Costs Through Offender Fees
1 (1990).

Letter from J. Joseph Curran, Jr., Attorney General of Maryland, to Donald Shaefer, Governor of
Maryland (Apr. 29, 1991).

Md. Code Ann., Corr. Servs. § 7-702(c)(2) (2008).

See, e.g., Christy Visher et al., Urb. Inst., Baltimore Prisoners’ Experiences Returning
Home (Mar. 2004), available at http://www.urban.org/UploadedPDF/310946_BaltimorePrisoners.
pdf; Christy Visher et al., Urb. Inst., Returning Home: Understanding the Challenges of
Prisoner Reentry (Jan. 2004), available at http://www.urban.org/uploadedPDF/410974_ReturningHome_MD.pdf.

Press Release, Maryland Governor Martin O’Malley (August 29, 2007), available at http://www.
governor.md.gov/pressreleases/070829.html.

10 Maryland Department of Public Safety & Correctional Services, Reentry Goals and Priorities, http://
www.dpscs.maryland.gov/rehabservs/reentry.shtml.
11 Maryland Department of Public Safety & Correctional Services, Rehabilitation Services, http://
www.dpscs.maryland.gov/rehabservs/.
12 Id.
13 Maryland Department of Public Safety & Correctional Services, Proactive Community Supervision
(PCS), http://www.dpscs.state.md.us/rehabservs/dpp/pcs.shtml.
14 Id.
15 Faye S. Taxman, No Illusions: Offender and Organizational Change in Maryland’s Proactive Community Supervision Efforts, 7 Criminology & Pub. Pol’y 2 (2008).
16 The 2007 fiscal year ran from July 1, 2006 through June 30, 2007. DPP’s electronic data files
represent 7,524 individual cases, not individual parolees. A parole case is normally “closed” when
the parolee reaches the end of his or her prison sentence (i.e., the person has served the remainder
of their sentence under supervision after having been released from prison, either at the discretion
of the parole board, or after receiving certain diminution credits). Other reasons for closing a case
include revocation for violation of parole conditions or commission of crime; reversal of the conviction on appeal; commutation of the sentence; case transfer out of state; or death. It is possible that a
few individuals had more than one case closing during the period. All cases that were closed during
the period were included in the analysis; the findings do not represent a “sample” of cases.

17 A much smaller number of people are under probation supervision after being released from prison.
Parole differs from probation in that it is the discretionary and conditional release of a prisoner into
the community by the Parole Commission prior to the completion of his or her sentence, allowing
the offender to serve the remainder of the original sentence under supervision. In contrast, probation supervision is ordered by a judge at the point of conviction and is a sentence releasing a person
convicted of a crime into the community or a treatment facility either instead of, or after a period
of, incarceration.
18 See, e.g., Alan Rosenthal & Marsha Weissman, Justice Strategies, Sentencing for Dollars: The Financial Consequences of a Criminal Conviction (Feb. 2007), available at http://www.communityalternatives.org/pdfs/financial%20consequences.pdf (documenting growing use of financial penalties
in New York); Rachel L. McLean & Michael D. Thompson, Council of State Governments
Justice Center, Repaying Debts (Working Paper, 2007), available at http://tools.reentrypolicy.
org/repaying_debts/ (making policy recommendations to rationalize the collection of debts from
the formerly incarcerated); Rhode Island Family Life Center, Court Debt and Related Incarceration in Rhode Island from 2005 through 2007 4 (Apr. 2008), available at http://
www.ri-familylifecenter.org/pagetool/reports/CourtDebt.pdf. (analyzing the cost of Rhode Island’s
incarceration of individuals for court debt, finding that in 13% of cases the incarcerations cost the
state more that the amount owed by the individuals); David Weisburd et. al., The Miracle of the Cells:
An Experimental Study of Interventions to Increase Payment of Court-Ordered Financial Obligations, 7
Criminology & Pub. Pol’y 9 (2008) (studying the effect of an increased threat of possible incarceration on the collection of fees from New Jersey probationers). For an earlier study on the reform
of a financial penalty system in one Arizona county, see Susan Turner & Judith Greene, The FARE
Probation Experiment: Implementation and Outcomes of Day Fines for Felony Offenders in Maricopa
County, 21 Just. Sys. J. 1 (1999-2000).
19 Under Maryland law most prisoners have an initial parole hearing when they have served about one
quarter of their total prison sentence. Some prisoners receive a hearing before the 25 percent mark;
those convicted after 1994 of certain violent crimes must serve 50 percent of the full term before
receiving a hearing. See Md. Code Regs. §§ 12.08.01.17(1), (3) (West 2008). If a prisoner is not
granted parole release, he or she may still be entitled to certain sentence reduction credits (e.g., for
good behavior or performance of institutional assignments) that effect a “diminution” of their term
of confinement. See Md. Code Ann. Corr. Servs. §§ 3-701 to 3-711 (West 2008); Md. Code Regs.
§ 12.08.01.13. Calculation of a prisoner’s “diminution credits” determines the date when a prisoner
is eligible for release to mandatory parole supervision. See Md. Code Ann. Corr. Servs. § 7-501; Md.
Code Regs. § 12.08.01.13.
20 Christy Visher et al., Urb. Inst., Baltimore Prisoners’ Experiences Returning Home 5-6
(Mar. 2004), http://www.urban.org/UploadedPDF/310946_BaltimorePrisoners.pdf.
21 Christy Visher et al., Urb. Inst., Returning Home: Understanding the Challenges of
Prisoner Reentry 55-56 (Jan. 2004), http://www.urban.org/uploadedPDF/410974_ReturningHome_MD.pdf.
22 Id. at 35.
23 Id. at 36-40.
24 Visher et al., supra note 20, at 6-7.
25 Nancy G. LaVigne & Vera Kachnowski with Jeremy Travis, Rebecca Naser, & Christy Visher, Urban Justice Institute, A Portrait of Prisoner Reentry in Maryland 63 (Mar. 2003),
http://www.urban.org/UploadedPDF/410655_MDPortraitReentry.pdf.
26 People who are released from prison are instructed that they must report to a parole office in the
community within 48 hours, at which time their parole case is “activated.” If they do not report
as required, parole officials will “activate” their parole case as soon as they receive a file of records
about the parolee from the Department of Corrections. A parole case is normally “closed” when
the parolee reaches the end of their prison sentence (i.e., the parolee has served the remainder of the

sentence under supervision after having been released from prison, either at the discretion of the
parole board, or after receiving certain diminution credits. Other reasons for closing a case include
revocation for violation of parole conditions or commission of crime; reversal of the conviction on
appeal; commutation of the sentence; case transfer out of state; or death.
27 Christy Visher et al., supra note 21, at 50.
28 Diana Pearce & Jennifer Brooks, The Self-Sufficiency Standard for Maryland 9 (Dec.
2001), available at http://www.wowonline.org/ourprograms/fess/state-resources/SSS/The%20SelfSufficiency%20Standard%20for%20Maryland.pdf. Monthly costs adjusted for inflation to 2007
dollars using the Bureau of Labor Statistics “Inflation Calculator,” available at http://data.bls.gov/
cgi-bin/cpicalc.pl.
29 A lump sum projecting the total parole supervision fee is calculated at case activation, but the actual
amount a parolee is legally obligated to pay cannot be determined until the end of the supervision
term, since cases may terminate before the expected expiration date (e.g., if parole is revoked).
30 While an expected fee amount is calculated up front based on an estimate of the length of the supervision, if a parolee exits earlier (e.g. if they are revoked) the fee for the months not served is not
legally “imposed.” The actual total amount of the fee is not known until the person exits supervision
– the figures here are not based on the initial estimation.
31 The total amount of parole supervision fees ordered in our sample’s cases was $4,556,130.
32 The data on payment outcomes also include payment of restitution, fines, and court-imposed fees.
However, these other categories of legal financial obligations were imposed so rarely in this parolee
sample that the data can be said to reflect fairly the rates of payment of just the parole supervision
fee.
33 Again, this data also includes rates of payment for rarely imposed restitution, fines, and court fees.
34 Again, the number of cases involving people classified as Indian and Asian is too small (two and 12,
respectively) for the apparent employment advantages shown here to be meaningful.
35 Pamela C. Ovwigho, Catherine E. Born and Correne Saunders, Intersection of Incarceration and
Child Support: A Snapshot of Maryland’s Caseload, University of Maryland School of Social Work,
July 2005.
36 DPP officials say that the parole board does not order drug testing as a routine condition of parole.
A requirement of testing is more likely to be imposed by a parole agent when a parolee’s behavior
suggests that drug abuse may be an issue. Additionally, a parolee who participates in a substance
abuse treatment program may be tested as part of the therapeutic regimen, but those fees would not
be reflected here.
37 Md. Code Ann., Corr. Servs. §14.06.03.07(B) (2008).
38 Md. Code. Ann., Crim. Proc. §11-603(a).
39 See Md. Code Ann., Crim. Law § 3-203(c)(3) (2008) (authorizing courts to waive fees and surcharges); Md. Code. Ann., Crim. Proc. § 11-605(a) (authorizing the court to waive the imposition
of restitution). If the court decides not to issue a judgment of restitution it must state on the record
its reasons for doing so. Id. § 11-605(b).
40 Under Maryland law, a judge may grant an exemption to the probation, but not parole, supervision
fee. See Crim. Proc. § 6-226(d).
41 See Bearden v. Georgia, 461 U.S. 660, 668-75 (1983) (holding that probation cannot be revoked for
failure to pay fine unless court first performs inquiry into reasons and that only when “alternative
measures are not adequate to meet the State’s interests in punishment and deterrence may the court
imprison a probationer who has made sufficient bona fide efforts to pay”); Turner v. State, 307 Md.
618, 626 (1986) (“a defendant may not be imprisoned solely for failure to pay a fine where his failure

to pay arose from his indigency”).
42 However, for one category of parolees – sex offenders – revocation for failure to pay the parole supervision fee is more common, according to lawyers interviewed. In this instance, parole is sometimes
revoked for failure to pay because parole agents see revocation as a way to reduce risk of continued
offending, and are unable to prove any violation other than a failure to pay the parole supervision
fee.
43 American Correctional Association. “2007 Directory of Adult and Juvenile Correctional Departments, Institutions, Agencies, and Probation and Parole Authorities.” White Plains, MD: Automated Graphics Systems, 2007. p. 18
44 Maryland law instructs agencies to write off accounts with a value of less than $30 each month after
obtaining the approval of the Abatement Committee of the CCU. Md. Code Regs. §§ 17.01.01.05
(2007).
45 Md. Code Regs. 17.01.01.07 (2007).
46 Telephone Interview with Roderick Morant, Delinquent Accounts/Loan Manager, Department of
Management and Budget, Office of the Secretary, Central Collection Unit (July 29, 2008).
47 Telephone Interview with Roderick Morant, Delinquent Accounts/Loan Manager, Department of
Management and Budget, Office of the Secretary, Central Collection Unit (July 2, 2008).
48 Although agents on occasion assist supervisees with the exemption process, official DPP policy
prohibits them from providing such assistance.
49 Pennsylvania Commission on Sentencing, Proposed Revisions to Sentencing Guidelines
3 (2008), available at http://pcs.la.psu.edu/2008%20Public%20Hearings%20-%20Proposed%20
Revisions/PCS.GuidelineRevisions.Intro.PublicHearings.01052008.pdf.
50 Susan Turner and Judith Greene, The FARE Probation Experiment: Implementation and Outcomes of
Day Fines for Felony Offenders in Maricopa County, The Justice System Journal 21.1 (1999).
51 VA ST §53.1-150 (1994)
52 Interview with Walter Pulliam, Chief of Operations, Virginia Department of Corrections, Division
of Community Corrections (Jan. 8, 2009).
53 Interview with Walter Pulliam, Chief of Operations, Virginia Department of Corrections, Division
of Community Corrections (Jan. 8, 2009); Interview with Richard Crossen, Virginia Department
of Corrections, Community Corrections Manager (Jan. 12, 2009).
54 Interview with Walter Pulliam, Chief of Operations, Virginia Department of Corrections, Division
of Community Corrections (Jan. 8, 2009).
55 See, e.g., VA. Code Ann. § 17.1-275.1.
56 See VA. Code Ann. §§ 17.1-275.1; 17.1-275.2; 17.1-275.7; 17.1-275.8; 16.1-69.48:1(B) and (C)
(2009). In addition to any other costs required by law, convicted defendants will also be required to
pay $100 in circuit court. See VA. Code Ann. §§ 17.1-275.1; 17.1-275.2; 17.1-275.7; 17.1-275.8;
16.1-69.48:1 (2009).
57 See id.
58 William R. Miles, Supervising Analyst, Department of Fiscal Services, Division of Fiscal Research,
Maryland General Assembly, Fiscal Note Revised HB 198 2 (1991).
59 See Md. Code Ann., Corr. Servs. § 7-702(d) (2008) (listing five grounds for exemption).
60 Md. Code Ann., Corr. Servs. § 7-702(d) (2008). A full copy of the statute is reprinted in the
Appendix.
61 See Md. Code Ann., Corr. Servs. § 7-702(g)(3) (2008).
33

62 See William R. Miles, Supervising Analyst, Department of Fiscal Services, Division of Fiscal Research, Maryland General Assembly, Fiscal Note Revised HB 198 2 (1991)
63 Md.Code Ann., Cts. & Jud. Proc. § 7-405 (2008).
64 DPP Supervision and Monitoring Manual, Chapter 7, Section 07: Collection of Offender Payment
Obligations (draft dated February 2007).
65 Students appear more likely to have their fee waived, or to be deemed not eligible for a fee, but just
eight cases involved students, too small a number for a confident funding.
66 An up-front assessment also would be desirable for the first, and most common, exemption ground
—unemployment. However, the current statute contemplates such an exemption later in the parole
term “after the supervisee has diligently attempted but has been unable to obtain employment ...”
Md. Code Ann., Corr. Servs. § 7-702(d)(1) (2008).

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