Here's a bipartisan opportunity for Kansas lawmakers: Eliminate juvenile fines and fees

Across the ideological spectrum, numerous Kansas organizations and impacted citizens have come together on the problem of financially devastating our state’s minors and working families — and together, we’re calling on our lawmakers to move swiftly to correct it.

At 24 years old and now a decade removed from his first juvenile offense, Dante is still saddled with debt for crimes he committed as a teenager. After his recommended release from probation for compliance, Dante moved to another state and landed a great job — he considered his childhood mistakes behind him.

But Kansas law enforcement flew to Ohio to arrest him, flew him back to Wichita in shackles — and then told him he’d have to pay for the flight. They said he owed $4,000 and if he didn’t pay it, he’d have to return to jail.

Had Kansas not caused Dante to lose his job, he said, he likely could have paid the fines and fees.

“In everything I did, I never hurt anyone,” said Dante. “I never went to jail for anything I did. I went to jail for not being able to pay fines and fees.”

Believe it: We regularly do this to thousands of children in Kansas. As part of our juvenile legal system’s machinery, we lock youth offenders up, bury them in fines and fees, then add the costs of imprisoning them. By the time they’re adults, they could be drowning in debt.

This abusive practice is troubling in a way that transcends philosophical differences.

The ACLU of Kansas and Kansas Justice Institute believe that Kansas is as strong as its families and its communities — and while we may arrive here following different paths, we both agree this issue is critically important. Kansas families impacted by juvenile fines and fees need immediate relief.

We hope the Legislature will reconsider the fate of HB 2073, a bill that would have eliminated juvenile fines and fees this very session. Kansas families cannot wait until the next legislative session for a solution.

No one supporting HB 2073 argues against consequences for youth offenders. But children don’t generally have jobs — or the ability to pay these fines and fees. By requiring juveniles to pay fines and fees, we place the burden of harsh, financial punishment on working Kansas families, many of whom already live paycheck to paycheck, trapping them into a cycle of debt.

The juvenile justice system charges youths and guardians fees at every step of the process — for electronic ankle monitoring, detention, probation and public defender representation. It’s unsurprising that youths of color are overrepresented and overpunished in the juvenile justice system, especially in Kansas.

When racial disparities for youths in the criminal legal system dropped nationally, the disparity rate for Black youths arrests in Kansas actually increased in the same time period — by a whopping 51%. Meanwhile, juvenile fines and fees don’t deter crime — in fact, research has found juveniles fines and fees actually lead to increased rates of recidivism.

And adolescents and teenagers in juvenile court who are unable to pay their fines and fees are more likely to be incarcerated, undermining any preventative or rehabilitative purpose. For this reason, law enforcement leaders also support eliminating juvenile fines and fees.

Nykia was only 10 years old when she was incarcerated on theft charges. Her parents died while she was in jail. In order to cover costs associated with her detention, the state began taking so-called child support payments out of her mother’s Social Security death benefits she received.

Nykia, now in her 20s, is still paying the balance of those fines and fees from her childhood detention.

Tyler served a 6-year sentence for a crime he committed at 13. Similarly, the state charged his family child support to pay for his detention. Shortly after his release, he found himself homeless. Still, court officials repeatedly called his cell phone, warning that if he didn’t keep up with payments, he’d have to return to jail.

The absolute absurdity and harm of our juvenile fines and fees system is why its elimination has bipartisan support, an increasingly rare phenomenon. We proudly support HB 2073 with a coalition of state and national organizations including Kansas Appleseed, Progeny, Kansas Action for Children, Americans for Prosperity, Debt Free Justice and the Gault Center.

Unfortunately, the bill’s progress seems to have stalled in 2023, a casualty in the usual churn of the legislative session that shifts towards other priorities, despite strong support from the committee that passed it to the House floor.

By ensuring that the juvenile justice system relies on restorative principles rather than punitive and extreme financial punishment, we can build a justice system that addresses harm without perpetuating it on a systemic scale — without binding young Kansans to these economic anchors, and watching them drown into adulthood.

Micah Kubic is the executive director of ACLU Kansas, and Sam MacRoberts is the is the litigation director of Kansas Justice Institute.