DOC Should Not Balance Their Budget on the Backs of the Most Vulnerable

The use of criminal-legal fines and fees within the criminal justice system disproportionately harms Black residents with low incomes.

Testimony originally delivered on May 6, 2026

Chairperson Pinto and members of the committee, and committee staff, thank you for the opportunity to testify. My name is Diontre Davis, and I am a State Policy Fellow at the DC Fiscal Policy Institute (DCFPI). DCFPI is a non-profit organization that shapes racially-just tax, budget, and policy decisions. We center Black and brown communities in our research and analysis, community partnerships, and advocacy efforts to advance an antiracist, equitable future.

My testimony focuses on the concerning use of fees imposed on Department of Corrections (DOC) residents as reflected in Mayor Bowser’s proposed fiscal year (FY) 2027 budget. In particular, the projected increase to Concession Income—a special-purpose revenue that is used by DOC to re-stock commissary items at the Central Detention Facility (DCF) and the Correctional Treatment Facility (CTF)—in the mayor’s FY 2027 proposed budget indicates that more revenue will be collected from DC residents in DOC facilities paying higher commissary fees.

At the same time that DOC is projecting an increase in Concession Income, the Resident Welfare Fund (RWF)—which is intended to improve living conditions for individuals in DC Jails—remains flat compared to last year’s budget even though RWF funding comes from commissary profits. In contrast to the lack of investment in resident welfare, the mayor’s proposed budget includes a massive increase for DOC overtime pay. The Council should consider reallocating some of these funds to meet the needs of low-income DC residents who are incarcerated, rather than extracting more fees from vulnerable residents.

Higher Concession Revenue in the Mayor’s Budget Indicates a Concerning Increase in Commissary Fees

The use of criminal-legal fines and fees within the criminal justice system disproportionately harms Black residents with low incomes. In 2024, 87.8 percent of people in DOC facilities were Black due to systemic racism.[1],[2] This means that the bulk of DOC fines and fees collections comes from Black DC residents. Many fees charged to DC residents in DOC are too much for them to pay on their own, since they earn a maximum wage of $.50 per hour and $3 to $4 per day.[3]

People incarcerated in DOC facilities rely on the support of their families to make up the difference between their wages and the cost of commissary items just to be able to have basic necessities. This support creates an additional financial strain on Black families who are already struggling to live in the District: the median household income for Black DC households ($59,285) is less than half the estimated income needed to have an adequate standard of living for a household of one adult and two children ($144,999).[4]

With DC residents in DOC and their families already struggling to afford fees, the mayor’s proposed budget indicates that commissary fees will likely increase in FY 2027, which would cause more financial harm. Many residents of DOC facilities have to purchase commissary items, such as food, toiletries, and clothing, to meet their basic needs. Concession Income is generated from the fees that residents of DOC or their family members pay for commissary.[5] According to the mayor’s proposed budget, Concession Income is projected to increase to $2.7 million from $2 million in FY 2026.[6] The projected increase in Concession Income indicates that DC residents who are incarcerated and their family members will have to pay $700,000 more for commissary items.

The Advisory Neighborhood Commissioner Harold Cunningham, who represents DOC residents, shared that DOC raised commissary fees at least three times in the last year (two times in 2025 and one time at the beginning of 2026).[7] Now the projected increase in Concession Income for FY 2027 indicates additional increases in commissary fees in FY 2027, which would come at the expense of DC residents who are incarcerated and Black households. The Committee should look into why Concession Income is projected to rise and determine the implications for an increase in commissary fees. This information is crucial for understanding the full impact of commissary fees on residents of DOC.

The Resident Welfare Fund is Underfunded and Underused to Meet the Needs of DOC Residents

While the mayor’s proposed FY 2027 budget projects an increase in Concession Income, the projected revenue for the RWF remains flat across all four years of the mayor’s proposed financial plan at $248,665. The RWF is funded through commissary profits, so it should also rise as Concession Income rises. The Committee should look into why the RWF is not rising commensurately with the increase in revenue in the Concession Income special-purpose revenue fund.

One of the RWF’s primary uses is to help stock DOC’s commissary and provide goods and services that benefit DC residents in DOC.[8] DOC has not fully utilized the RWF in past years. As a non-lapsing fund, revenue in the RWF can carry over from year to year. Audit reports show that DOC has left significant portions of RWF revenue unspent in past years. In FY 2021, the end-of-year balance for the RWF was under $72,000, and in FY 2024 it was under $473,000. [9],[10] The RWF could potentially help residents in DOC facilities who cannot afford the cost of commissary items as well as provide other vital services for residents in DOC facilities, such as educational supports or reentry services. The Committee should examine how DOC could make better use of this fund, such as to address commissary needs without resorting to raising fees.

The Mayor’s Proposed Budget Shifts More Funds into Overtime Pay

At the same time commissary prices are rising and support for residents through the RWF is staying flat year-over-year, the mayor’s budget proposes a 44.4 percent increase in overtime pay.[11] This is a massive increase in staff pay while many of the needs of residents of DOC are unmet. The Committee should ask DOC for a clear explanation of why there is such a large increase in the amount budgeted for overtime and consider reallocating excess funds for unmet resident needs.

In conclusion, DCFPI urges the Committee to closely examine the DOC budget’s overreliance on vulnerable DC residents in DOC facilities and their families to pay higher fees to meet commissary needs. Many of these residents are already financially struggling to meet the cost of living in DC. I urge this Committee to work alongside DOC to implement a more balanced approach to supporting commissary needs and using the RWF to meet the needs of residents in DOC facilities with no increased cost to DC residents who are incarcerated and their families.

Thank you for the opportunity to testify. I am happy to take questions.

 

Endnotes:

[1] DC Department of Corrections, “Facts and Figures,” January 2024.

[2] Nazgol Ghandnoosh, “One in Five: Disparities in Crime and Policing,” The Sentencing Project, November 2, 2023.

[3] Michael Johnson Jr., “Hidden Price of Justice: Fines and Fees in DC’s Criminal Legal System,” DC Fiscal Policy Institute, June 25, 2024.

[4] Shira Markoff and Connor Zielinski, “Chronic Racial Inequality Holds Back Workers and Equitable Economic Growth,” DC Fiscal Policy Institute, March 9th, 2026.

[5] DC Department of Corrections, “DOC Responses to DC Council Questions FY2023 and FY2024 to Date,” Submitted to DC Council Committee on the Judiciary and Public Safety, 2024. See pages 244 of 1588.

[6] Executive Office of the Mayor of the District of Columbia, “FY 2027 Proposed Budget and Financial Plan, Grow DC: Our FY 2027 Budget Volume 1 – Executive Summary,” April 14, 2026. See pages 136 of 447.

[7] Interview with ANC Commissioner Harold Cunningham by Diontre Davis, March 5, 2026.

[8] DC Department of Corrections, “DOC Responses to DC Council Questions FY2023 and FY2024 to Date,” Submitted to DC Council Committee on the Judiciary and Public Safety, 2024. See pages 244 of 1588.

[9] Office of the Chief Financial Officer, “Audit of the Inmate Welfare Fund Financial Statements for Fiscal Year Ended September 30, 2021,” Pg. 6.

[10] Office of the Chief Financial Officer, “Audit of the Inmate Welfare Fund Financial Statements for Fiscal Year Ended September 30, 2024,” Pg. 7.

[11] Executive Office of the Mayor of the District of Columbia, “FY 2027 Proposed Budget and Financial Plan, Grow DC: Our FY 2027 Budget Volume 2 – Agency Budget Chapters – Part I,” April 14, 2026. See page 350 of 467.