As of 2010, there were at least twenty-four states with statutes that authorize incarceration fees. For example, in Marion County Florida, individuals charged with relatively minor traffic violations are routinely sentenced to as many as 60 days in jail, and charged $50 per day for their stay. This is a conflict of interest, judges are simply more likely to issue jail time for the purpose of generating revenue, rather than for protecting citizens.
The 8th Amendment provides that “[e]xcessive bail shall not be required, nor excessive fines imposed..." This practice imposes an unnecessary burden on inmates, and disproportionally affects racial and ethnic minorities, and those of low socioeconomic status. These policies merely create barriers to reentry and encourage a cycle of poverty.