We Could’ve Saved Him Sooner

(Introducing the Restitution Court Model)

When Fila was 9 years old, his father shot his mother in front of him.

By 12, he was locked up for stealing a bicycle.
By 14, he was being hung from ceilings and beaten by staff.
By 18, the system had labeled him “incorrigible.”
So they let him loose—with a criminal skillset far sharper than when he went in.

Fila didn’t become a criminal because he was born bad.
He became a criminal because trauma broke him—
and our justice system trained him.

No intervention.
No therapy.
No mentors.
No job training.
Just punishment. Repeatedly. And expensively.

Today, at 60, Fila is clean.
He’s one of our most trusted teammates at We Fight Monsters.
He helps us shut down trap houses, rescue survivors, and rebuild blocks.

But it didn’t have to take 50 years—or cost this many lives.

That’s why we need Restitution Court.

It’s not a pass. It’s a plan.
Not soft on crime—smart on justice.

Instead of spending $45,000 a year to warehouse someone like Fila,
we could invest $2,500–$4,000 in what actually works:
addiction recovery, job training, trauma-informed care, and structured community restitution.
And we see recidivism drop from 80–90% down to 30% or less.

We don’t need another cell.
We need a second chance—delivered with structure, supervision, and serious consequences for failure.

Because Fila isn’t the exception.
He’s the rule.
And the cost of doing nothing… is everything.

Restitution Court: A Smarter Alternative to Incarceration in Memphis

Prepared for Stakeholder Review | May 27, 2025

Restitution Court: A Smarter Alternative to Incarceration in Memphis

Prepared for Stakeholder Review | May 27, 2025

Incarceration in Memphis and Tennessee

Tennessee imprisons about 817 people per 100,000 residents—well above the U.S. average. Memphis jails at double the national urban average. These figures place Tennessee among the highest incarcerating states in the nation, with Shelby County leading the trend.

Who Is Behind Bars

Approximately 74% of new felony admissions in Tennessee are for nonviolent crimes—33% for property crimes and 27% for drug offenses. Many are low-level felonies such as auto burglary, theft, and drug possession. Incarcerating these individuals does little to address root causes and increases recidivism.

Cost of Incarceration

Tennessee spends roughly $907 million annually on incarceration, with a per-inmate cost of $30,000–$40,000/year. Community-based alternatives cost nearly half and allow offenders to remain employed and productive.

Effectiveness of Drug Courts

Drug courts reduce recidivism significantly—often below 30%, compared to over 46% for traditional incarceration. Participants receive treatment, job support, and are held accountable through rigorous supervision.

Victim and Taxpayer Impact

Incarceration rarely results in restitution for victims. Alternatives like restitution court allow offenders to pay back losses, work, and contribute to society. Victims report higher satisfaction and offenders are less likely to reoffend.

Restitution Court Proposal

A restitution court would offer eligible nonviolent offenders an alternative to prison. Participants would receive job training, rehabilitation, and trauma support while repaying victims and covering court costs. This program would resemble drug court models and incorporate proven restorative justice practices.

Success Stories from Other States

Texas and Oregon have implemented restitution-focused alternatives with great success. Texas offenders contributed significant funds toward restitution and operational costs, while Oregon’s specialized restitution court collected over $1.6 million in two years.

Comparative Outcomes

Traditional incarceration costs more, leads to higher recidivism, and often fails to compensate victims. Restitution-based alternatives are more cost-effective and better at reducing reoffending while directly helping victims.

Sources and Further Reading

This summary document is based on data from the Tennessee Department of Correction, National Institute of Justice, state audits, and policy research groups. Our full report is available here

Restitution Court: Guardrails & Consequences

Restitution Court isn’t a free pass.

This is not “hug-a-thug.”
This is “get clean or get gone.”

Participants in Restitution Court must:

• Stay sober (random and frequent testing)

• Attend all mandatory programming (therapy, job training, restitution hours)

• Check in regularly with court officers or assigned mentors

• Pay restitution—financial, service-based, or both

Infractions are met with escalating consequences:

• Missed check-ins or dirty drops = sanctions, including weekend jail, curfews, or intensified supervision

• Repeated violations = temporary detention or forced restart of the program

• Serious reoffense or failure to engage = termination and referral to sentencing court

Restitution Court gives people a fork in the road—
but if they keep walking toward destruction,
we will not hesitate to let the hammer fall.

This is not an escape from accountability.
This is accountability with purpose.

We’re not replacing consequences.
We’re restructuring them—so they build lives instead of bury them.