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Some offenders, like Ora Lee Hurley, find themselves trapped by fees and fines in prison and find it nearly impossible to get out. Hurley was a prisoner held at the Gateway Diversion Center in Atlanta in 2006. She was imprisoned because she owed a $705 fine. As part of the diversion program, Hurley was permitted to work during the day and return to the center at night. “Five days a week she work[ed] fulltime at a restaurant earning $6.50 an hour and, after taxes, net about $700 a month.”40 Room and board at the diversion center was about $600, and her monthly transportation cost $52. Miscellaneous other expenses, including clothes, shoes, and personal items such as toothpaste, quickly exhausted what was left. Hurley’s attorney decried the trap she was in: “This is a situation where if this woman was able to write a check for the amount of the fine, she would be out of there. And because she can’t, she’s still in custody. It’s as simple as that.”41 Although she worked a full-time job while in custody, most of her income went to repay the diversion program, not the underlying fine that put her in custody in the first place.

This harsh reality harks back to the days after the Civil War, when former slaves and their descendents were arrested for minor violations, slapped with heavy fines, and then imprisoned until they could pay their debts. The only means to pay off their debts was through labor on plantations and farms—known as convict leasing—or in prisons that had been converted to work farms. Paid next to nothing, convicts were effectively enslaved in perpetuity, as they were unable to earn enough to pay off their debts.

Today, many inmates work in prison, typically earning far less than the minimum wage—often less than $3 per hour, sometimes as little as 25 cents. Their accounts are then “charged” for various expenses related to their incarceration, making it impossible for them to save the money that otherwise would allow them to pay off their debts or help them make a successful transition when released from prison. Prisoners are typically released with only the clothes on their backs and a pittance in gate money. Sometimes the money is barely enough to cover the cost of a bus ticket back home.

Let Them Eat Cake

So here you are—a newly released prisoner—homeless, unemployed, and carrying a mountain of debt. How do you feed yourself? Care for your children? There is no clear answer to that question, but one thing is for sure: do not count on the government for any help. Not only will you be denied housing, but you may well be denied food.

Welfare reform legislation signed by President Bill Clinton in 1996 ended individual entitlements to welfare and provided states with block grants. The Temporary Assistance for Needy Family Program (TANF) imposes a five-year lifetime limit on benefits and requires welfare recipients, including those who have young children and lack child care, to work in order to receive benefits. In the abstract, a five-year limit may sound reasonable. But consider this: When one is labeled a criminal, forced to “check the box” on applications for employment and housing, and burdened by thousands of dollars in debt, is it possible that one will live on the brink of severe poverty for more than five years and thus require food stamps for oneself and one’s family? Until 1996, there was a basic understanding that poverty-stricken mothers raising children should be afforded some minimal level of assistance with food and shelter.

The five-year limit on benefits, however, is not the law’s worst feature. The law also requires that states permanently bar individuals with drug-related felony convictions from receiving federally funded public assistance. No exceptions are made to the felony drug ban. Accordingly, pregnant women, women raising young children, people in drug treatment or recovery, and people suffering from HIV/AIDS are ineligible for food assistance for the rest of their lives