What Happens to Commissary Money When Someone Is Released?

When someone leaves jail or prison, the money left in their trust or commissary account is usually paid out to them. Many facilities now pay it on a prepaid debit card, often called a release card, instead of cash or a check. Those cards can carry fees, so knowing the rules ahead of time can help your loved one keep more of their money. Here's what to expect and how to plan.

The trust balance is returned at release

Money families send usually goes into an account the facility holds for your loved one. When they leave, what's left is paid out, minus anything the facility is allowed to take first.

Examples from official sites:

• Texas prisons: The Texas Department of Criminal Justice says any balance in a person's trust fund is given to them at release.
• Hamilton County jail (Ohio): Leftover money goes onto a Release Pay debit card that works at ATMs and stores. This doesn't apply to people moved to another facility.
• Lyon County jail (Nevada): Funds are released on a debit card when the person leaves custody.
• Washington prisons: The state Department of Corrections says unused commissary funds at release are subject to mandatory deductions under state law.

Some jails also collect old charges from the account. Hamilton County collects unpaid fees, like reception, medical and indigent fees, from the commissary account. Ask the facility what might be taken before release.

For more on how accounts work, see how prison commissary works and jail vs. prison commissary.

What release cards are and what they can cost

A release card is a prepaid debit card loaded with the money a person is owed at release. That can include wages earned inside, leftover trust balances, family support, cash held at arrest or gate money.

In May 2022, the Prison Policy Initiative reviewed release card fee sheets filed with the CFPB. It found:

• Almost three-quarters of the cards charged weekly or monthly maintenance fees.
• About 60% charged for ATM withdrawals, averaging $2.58 each.
• About 77% charged 50 cents to $1.50 just to check a balance at an ATM.
• Some cards charged $9.95 to close the account and mail a check. On a $50 balance, that's 20%.
• Grace periods to get money back before maintenance fees start generally ranged from 2 to 30 days.

Card terms differ by facility and company, so always read the fee sheet that comes with the card.

The CFPB's action against JPay

On October 19, 2021, the Consumer Financial Protection Bureau (CFPB) took action against JPay, a company that provided release cards. The CFPB found that:

• JPay's cards replaced the cash or check options that state corrections departments had offered before.
• People had to use the cards to get their own money, and paid fees to do it.
• In California, Colorado and Georgia, people had to open an account with a certain bank to receive their gate money.
• Some fee information given to cardholders was wrong or incomplete.
• JPay had provided about 1.2 million release cards since 2011.

The order required JPay to pay $6 million: $4 million back to consumers and a $2 million penalty. It also barred JPay from charging release card fees, except an inactivity fee after 90 days without use.

The Prison Policy Initiative noted that the order applies only to JPay and was set to last five years, until 2026. It also explained that, under the order, people can't be forced to take gate money on a prepaid card and must be offered other options, like a check or cash.

Gate money: what states give at release

Gate money is money a state gives some people leaving prison for basic needs like food or a bus ticket. It's separate from the trust balance, and amounts vary widely.

A 2019 Marshall Project review found:

• California: $200, an amount unchanged since 1973.
• Oklahoma: $50.
• Montana: enough to bring a person's total to $100.
• Maine: $50 in cash, only if the person's account balance and recent spending were under set limits.
• New Hampshire: no official policy; help was given case by case.

These amounts may have changed since 2019. In September 2024, KALW reported on a lawsuit claiming California prisons illegally took fees out of the $200 gate money. Check with your state's corrections department for current amounts.

Tips to keep more of the money

Your loved one has the most control before and right after release. Share these tips with them ahead of time:

1. Ask about a check or cash. Before release, ask the facility if a paper check or cash is an option instead of a card.
2. Read the fee sheet. Each card should come with a list of fees. Look for maintenance, ATM, balance-check and closing fees.
3. Use the grace period. Many cards allow a short window to request a free refund before fees begin. The Prison Policy Initiative found these ranged from 2 to 30 days.
4. Use the card quickly. Weekly or monthly fees eat into a balance over time.
5. Try a bank counter. The Prison Policy Initiative found over-the-counter withdrawals at a bank are often free.
6. Use in-network ATMs. These may be free or lower cost. Avoid checking the balance at an ATM if it costs a fee.
7. Move it to a bank account if your loved one has one. Some card companies allow this without a fee.
8. Report problems. You can file a complaint with the CFPB if fees seem wrong.

Planning a release budget? Our guide to supporting a loved one in prison on a budget can help.