Report: Fines Promote Juvenile Recidivism

As a criminal defense lawyer, it’s my job to ensure that my clients receive fair and just treatment under the law. A 2023 study on monetary sanctions and juvenile recidivism in Florida raises concerns about whether court fees undermine rehabilitation. According to The Crime Report’s coverage of the study, court fees were associated with higher rates of reoffending among juvenile defendants. Black and Hispanic youth who were assessed fees received higher amounts, on average, than white youth.

Among youth assessed fees, the study found that Black youth in Florida had an average of $709.50 in fees assessed against them, compared to $633.33 for Hispanic youth and $426.50 for white youth. Restitution amounts did not differ significantly among the groups. Fees were highest for property offenses, felony or administrative offenses, and among youth with higher “risk levels.” However, just under 70 percent of the youth sampled in the study were classified as low-risk.

The authors measured recidivism by whether a new offense committed within 365 days after a youth completed the community-based placement led to a juvenile adjudication, a withholding of adjudication, or an adult conviction. After matching youth with similar characteristics, the researchers found that 19.4 percent of those assigned fees reoffended, compared to 15.7 percent of those without fees.

Sarah Couture, identified in the 2023 coverage as Florida State Director at the Fines and Fees Justice Center, expressed concern that fees charged to children and their families promote recidivism instead of rehabilitation. She also raised concerns about the burden court debt places on young people and their families. The study found that youth in more disadvantaged communities received higher fee amounts when fees were assessed. Fees can undermine the purpose of the juvenile system, which should help support young people’s development and set them up for success.

A separate report by the Fines and Fees Justice Center and Juvenile Law Center, Dreams Deferred: The Impact of Juvenile Fees on Florida’s Children, Families, and Future, found that Florida collected only $547,973 of the roughly $5.1 million in juvenile fees assessed in 2019, about 11 percent. The 2023 study also surveyed 45 young people in one Florida juvenile residential program about court debt and its effect on their families. Their responses showed that paying even a hypothetical $100 fee could require borrowing money or putting off other bills.

Lead author Alex Piquero told The Crime Report that some young people surveyed did not know how they would pay their court debt. Some said they might turn to illegal activity to raise the money.

Restitution serves a different purpose from court fees: it compensates victims for losses caused by an offense. Our guide to restitution in Florida criminal cases explains the general process in adult court. Juvenile cases have separate rules under section 985.437, Florida Statutes, including a limit based on what the child and parent or guardian can reasonably be expected to pay or provide.

The study raises concerns about using court fees to deter juvenile crime. Youth assigned fees had higher rates of reoffending than comparable youth without fees. Restitution showed no statistically significant overall effect in the matched comparison, although a separate analysis found a higher risk of reoffending among Black youth assigned restitution. These findings support closer scrutiny of financial burdens that may hinder a young person’s rehabilitation.