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“Like if you Get a Hotel Bill”: Consumer Logic, Pay‐to‐Stay, and the Production of Incarceration as a Public Commodity*

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Sociological Forum

Published online on

Abstract

["Sociological Forum, Volume 36, Issue 3, Page 735-757, September 2021. ", "\nNeoliberal governance has become a defining feature of our social world, fast‐tracking the commodification of human interaction, particularly within capitalist economies. Neoliberalism’s intensification of capitalist social relations shifted social institutions such as education, healthcare, and criminal justice to resemble profit‐oriented enterprises. A preeminent consequence of this shift for the administration of criminal justice is the rapid expansion of monetary sanctions in the form of pay‐to‐stay fees. Our article contributes to scholarship on neoliberal governance and social institutions by exploring how lawmakers justify and frame the imposition and recoupment of pay‐to‐stay fees. We draw from a novel dataset compiled by the authors on pay‐to stay in the state of Illinois, which consists of state‐level pay‐to‐stay statutes, transcripts of legislative debates on the ratification of pay‐to‐stay statutes, and 102 civil complaints from 1997 to 2015 initiated on behalf of the Illinois Department of Corrections against currently and formerly incarcerated people to compel the payment of pay‐to‐stay fees. Our analysis suggests that in the era of neoliberal governance, consumerism is an institutional logic that lawmakers draw from to adopt pay‐to‐stay as a legal template in an effort to foster a producer–consumer relationship between incarcerated people and the state, thereby producing incarceration as a public commodity.\n"]