When Nevada charges prison fees, mothers pay the price 

Over the past four decades, the number of women incarcerated in the criminal justice system has surged by more than 585 percent, placing a growing financial burden on them through fines and fees. This burden is especially devastating because women often enter the system at a significant economic disadvantage, making it even harder to navigate and recover from monetary sanctions.

Amber Foster — a commercial truck driver, advocate with Return Strong, and mother of four based in Las Vegas — experienced the financial and psychological burdens of fee debt during her eight year sentence in Nevada.

When Foster was incarcerated, her mother took over primary care of her children, even though she was suffering from rheumatoid arthritis and surviving on SSI benefits. “What many people don’t really understand is that it’s not just the person who is incarcerated, our families are incarcerated with us,” Foster said.

Research shows that when prisons impose fines and fees, it is entire families – specifically women – who pay the price. One study on the fees imposed on incarcerated people across 14 states found that 83% of the family members shouldering these costs were women. Most often, it’s mothers who pay.

These fees are not about accountability—their primary function is to raise revenue. And when you consider the full weight of court debt on incarcerated people and their families, it becomes clear: these monetary sanctions amount to a form of double punishment, compounding the consequences of incarceration long after a sentence has been served. Though often framed as a tool for accountability, in reality, the imposition of fines and fees often extract money from people with no means to pay, driving them further into debt that follows them for years after release.

The burden of court debt falls especially hard on women, particularly mothers. It erodes their sense of identity and the pride that comes from being a provider. “Being a mom to me means being their financial provider and protector. It hurt for me not to be able to be there financially. There was a time when they were homeless and I wasn’t able to help,” said Foster. A study from the Center for American Progress underscores this, finding that almost two-thirds of women, and more than two-thirds of Black women, were either the primary or co-providers for their households.

Even when families are able to send money to their loved ones inside, those funds are often siphoned off for debt repayment. As Foster notes, “let’s say my mom put $100, I would only get $20. They were taking like 80% of it [for restitution, fines, fees, and medical bills], Foster explained. “A couple of times I had to call my uncle because my mom was out of food, because she would send the money to me.”

In Nevada, as in the majority of states across the country, fees imposed on a single person often translates into a decades-long debt sentence for their entire family. A recent national survey on the impacts of fines and fees found that 99% of parents impacted by court debt were forced to cut back on at least one essential need. This translates to 17 million households facing food or housing insecurity or lacking another basic need. For women who are already at socio-economic disadvantage, the burden of court debt is doubly amplified. As Foster noted,“Without all the fines and fees payments, I could have gotten a car, a down payment for an apartment, clothes for my daughter and son, money for my mom,” she added. “It could have done wonders.”

With multiple fee-traps laced throughout the criminal legal system, Nevada is one of the most expensive places to be incarcerated in the U.S. Commissary markups — or fees on items purchased from commissary — once climbed as high as 66%, resulting in massive profits for the state at the expense of families. Thanks to recent reforms, however, markups capped at 35%, meaning families will now see their dollars go further when supporting loved ones. In addition, Nevada passed legislation eliminating markups on hygiene items, room-and-board fees, and medical co-pays, taking an essential step toward protecting the health of incarcerated people and easing the financial load on families.

But we still have work to do. One man released after nearly 15 years in prison received a letter from the Nevada Department of Corrections demanding $7,216.76 in medical debt, payable within 30 days. To meet that demand, one would need to earn $115,000 annually without spending a dollar on basic needs. It’s not just cruel, it’s impossible.

The financial toll is just one part of the story. The emotional and psychological toll is just as crushing. Foster noted how difficult it was to be a mother when your only means of connection to your child is being blocked by fees. “Letters and phone calls were how we stayed connected. There were times I couldn’t call them because I didn’t have money for the phone call fees. The system is made to break you. If you don’t have a strong mindset it will break you.”

Right now, the Nevada Legislature has another opportunity to support mothers and families of people who are currently and formerly incarcerated by passing SB88, which would discharge medical debt upon release from prison, and SB323, which makes a pilot program that allowed 15 minutes of free phone calls for women in the women’ s prisons permanent. Additionally, lawmakers have the chance to pass SB120, which would require judges to offer payment plans, at no cost, for fines and fees and end public defender fees. These critical reforms recognize that incarceration should not come with a lifelong debt sentence that prevents people rebuilding their lives and caring for their children.

Nevada has already demonstrated leadership in eliminating exploitative fees that burden struggling families and hinder successful reintegration. This session, the state has a chance to actively support women like Foster, who have risen above unimaginable trauma and hardship to rebuild their lives and provide for their families.

By continuing to eliminate these court-imposed costs, and passing reforms like SB 88, SB 120, and SB323, Nevada can serve as a model for a compassionate, rehabilitative justice system that puts people first – not profit.