Norton Introduces Bills to Remove Halfway House Subsistence Fees and Co-pays for Federal Inmates During Second Chance Month

WASHINGTON, D.C. – In recognition of Second Chance Month, which is in April, Congresswoman Eleanor Holmes Norton (D-DC) today announced she has introduced two bills regarding Federal Bureau of Prisons (BOP) inmates and returning citizens. First, she introduced the Fairness in Federal Bureau of Prisons Medical Care Act of 2019, which would remove the copay BOP inmates are required to pay to visit a BOP-provided doctor. Currently, BOP inmates are required to "pay a fee for health services of $2.00 per healthcare visit." While $2.00 may seem insignificant, when inmates earn only twelve to forty cents per hour on their work assignments, $2.00 is substantial.

"We should encourage inmates to seek medical care before conditions become worse and ultimately more expensive for taxpayers," Norton said. "Preventative care is much less expensive for the federal government than costly treatment that could have been avoided by a simple doctor's visit earlier in the process."

Under the current BOP rules, if an inmate is found responsible through the Disciplinary Hearing Process of having caused another inmate's injury that required a medical visit, the offending inmate is required to pay the $2.00 copay for the injured inmate's visit. That rule would not change under Norton's bill.

Second, Norton introduced the Ensuring Successful Reentry Act, which would eliminate so-called "subsistence fees" the BOP imposes on the income of individuals living in residential reentry centers (RRCs), supposedly to promote financial responsibility by requiring RRC residents to pay a portion of their housing costs. The fee is currently 25% of a resident's income. However, many offenders living in RRCs often work minimum wage jobs, so the loss of 25% of their paychecks is a significant hurdle to successful reentry, and it makes it extremely difficult for them to pay rent, child support, or fines and fees associated with their conviction (such as restitution). Recently, the BOP eliminated the subsistence fee for offenders on home confinement, who cost BOP almost nothing for maintenance. Far from promoting financial responsibility, subsistence fees actually prevent offenders from meeting their financial obligations.

The Department of Justice (DOJ) has already recognized how "counterproductive" subsistence fees are, both for offenders and BOP. In a November 2016 memo, then-Deputy Attorney General Sally Q. Yates noted that BOP's "process for collecting these subsistence fees is costly and administratively burdensome for both RRC's and [BOP]," and called for DOJ to "develop a plan to limit the use of counterproductive ‘subsistence' fees imposed on indigent residents." BOP can already waive subsistence fees in certain situations for residents of RRCs, but only a change in federal law can permanently remove this unnecessary barrier to reentry.

"It is not in the public interest to impose additional burdens on returning citizens, setting them up to fail, especially those who manage to find employment and are working toward independence," Norton said. "Jobs and affordable housing are critical components for ensuring successful reentry. Charging subsistence fees is antithetical to this goal."