States Force Prisoners to Pay for Stay

[LouderVol]

Fighting the Fees that Force Prisoners to Pay for Their Incarceration | Prison Legal News

This was posted in another thread, but I think it deserves it's own.

43 states charge inmates for time served. I have literally never heard of this, and this is wrong on so many levels.

Forget all the dumb laws we have the government makes too much money to let this go.

"Florida is one of five states where prisoners receive no money for their work, forcing families to cough up money for food and necessities. Florida is also one of 43 states that charge prisoners for their so-called “stay” behind bars, according to the Brennan Center for Justice"

Florida, Michigan (60 bucks a day), Maine (80 bucks a day), California has a tiered system, Illinois, Massacheusetts (80 bucks a day), Virginia, ohio 66 bucks a day,

"Eisen wrote that by 2004 an estimated one-third of county jails and 50 percent of prisons in the United States charged daily housing fees"

Even ignoring the racial arguments this is wrong.

"The average cost of a stay in jail, whether for a day or for a year, was $1,756. The most expensive stay was $72,050, according to The Marshall Project’s analysis of jail records."

Seems like this includes both jail, temporary/before sentencing, and prison after sentencing. YOU ARE CHARGED WHETHER YOU ARE FOUND GUILTY OR NOT.

Illinois selectively applying their law to go after those with assets. " Prison officials seemed to go after people who could pay and identified targets through financial disclosure forms, mail, bank or brokerage statements. All prisoners sued by the Department of Corrections since 2010 had at least $10,000 in assets. In other words, the Department of Corrections was targeting the prisoners to pay for mass incarceration."

But they have stopped, even though the law still exists.

Here is an interactive map showing what each state does.
50 State Criminal Justice Debt Tool | Bringing transparency to areas of significant legal complexity.

This is wrong. I strongly urge everyone to review what their state does and reach out to their law makers.

 

[hog88]

It's absolutely wrong and goes to show our criminal justice system has zero concern in regards to rehabilitation.

 

[AshG]

Many states also make parents pay the bill if their children end up in foster care. Go to jail, pay for your stay, then pay for your kids' foster care.

 

[NorthDallas40]

Wow. This is messed up.

 

[PEPPERJAX]

Mint on pillow?

 

[LouderVol]

Many states also make parents pay the bill if their children end up in foster care. Go to jail, pay for your stay, then pay for your kids' foster care.

If the government is taking the kids away that's absolute bs.

 

[VolStrom]

Rickyvol will be along shortly to tell you how you're wrong.

 

[AshG]

If the government is taking the kids away that's absolute bs.

"But child protective services in Wright County, Minn., placed her kids — two daughters, then 15 and 10, and a son, 9 — into foster care. Hohman, county officials argued, had left the children in an unsafe place.

After 20 months in foster care, her three children came back home.

Hohman got a bill from Wright County to reimburse it for some of the cost of that foster care.

She owed: $19,530.07"

They also garnish kids' SSI benefits


"Hunter's mother died when he was little, and his father later went to prison, court records show, leaving him in a foster home. In the years that followed, he was owed nearly $700 a month in federal survivor benefits, an amount based on Social Security contributions from his mother's paychecks. He doesn't remember Alaska's Office of Children's Services ever informing him that it was routing this money — his safety net — into state coffers."

 

[Thunder Good-Oil]

Mint on pillow?

And Rewards Points?

 

[TNVOLNAVY]

Fighting the Fees that Force Prisoners to Pay for Their Incarceration | Prison Legal News

This was posted in another thread, but I think it deserves it's own.

43 states charge inmates for time served. I have literally never heard of this, and this is wrong on so many levels.

Forget all the dumb laws we have the government makes too much money to let this go.

"Florida is one of five states where prisoners receive no money for their work, forcing families to cough up money for food and necessities. Florida is also one of 43 states that charge prisoners for their so-called “stay” behind bars, according to the Brennan Center for Justice"

Florida, Michigan (60 bucks a day), Maine (80 bucks a day), California has a tiered system, Illinois, Massacheusetts (80 bucks a day), Virginia, ohio 66 bucks a day,

"Eisen wrote that by 2004 an estimated one-third of county jails and 50 percent of prisons in the United States charged daily housing fees"

Even ignoring the racial arguments this is wrong.

"The average cost of a stay in jail, whether for a day or for a year, was $1,756. The most expensive stay was $72,050, according to The Marshall Project’s analysis of jail records."

Seems like this includes both jail, temporary/before sentencing, and prison after sentencing. YOU ARE CHARGED WHETHER YOU ARE FOUND GUILTY OR NOT.

Illinois selectively applying their law to go after those with assets. " Prison officials seemed to go after people who could pay and identified targets through financial disclosure forms, mail, bank or brokerage statements. All prisoners sued by the Department of Corrections since 2010 had at least $10,000 in assets. In other words, the Department of Corrections was targeting the prisoners to pay for mass incarceration."

But they have stopped, even though the law still exists.

Here is an interactive map showing what each state does.
50 State Criminal Justice Debt Tool | Bringing transparency to areas of significant legal complexity.

This is wrong. I strongly urge everyone to review what their state does and reach out to their law makers.

I sure hope they increase the fees to account for bideninflation. Even lawbreakers need to feel the additional pain.

 

[Electric Orange]

Kinda like charging a fee to be a slave.

 

[lawgator1]

In my work representing Florida Sheriffs I am very familiar with how this really works. The statute allows a county for example to recover $50 per day of an offender's sentence. The statute also allows the Sheriff to assert the right to recover the fee as a counterclaim for a civil claim by the inmate.

For example, we have inmates suing over slip and falls in the jail. We counterclaim for costs of incarceration to offset it. I can tell you a lot of them are not very bright. These common areas of cells are on video. We've had a couple obviously set up the slip and falls and it's pretty obvious. Have one now where two inmates are at a table and one gets up and walks away, then with this exaggerated action "slips and falls." His accomplice then casually spilled water in the area.

Not saying they are all like that, but you have to realize that a substantial majority of the people in jail are, in fact, criminals and willing to take advantage and lie whenever they can make a buck.

I have no problem asserting counterclaim against them.

I've also never in 25 years, heard of a Sheriff actually collecting a cent of it, by targeting those who can pay or otherwise.

Many things to complain about with criminal justice system. I agree on drug offenses for example. This ain't one of them.

 

[LouderVol]

In my work representing Florida Sheriffs I am very familiar with how this really works. The statute allows a county for example to recover $50 per day of an offender's sentence. The statute also allows the Sheriff to assert the right to recover the fee as a counterclaim for a civil claim by the inmate.

For example, we have inmates suing over slip and falls in the jail. We counterclaim for costs of incarceration to offset it. I can tell you a lot of them are not very bright. These common areas of cells are on video. We've had a couple obviously set up the slip and falls and it's pretty obvious. Have one now where two inmates are at a table and one gets up and walks away, then with this exaggerated action "slips and falls." His accomplice then casually spilled water in the area.

Not saying they are all like that, but you have to realize that a substantial majority of the people in jail are, in fact, criminals and willing to take advantage and lie whenever they can make a buck.

I have no problem asserting counterclaim against them.

I've also never in 25 years, heard of a Sheriff actually collecting a cent of it, by targeting those who can pay or otherwise.

Many things to complain about with criminal justice system. I agree on drug offenses for example. This ain't one of them.

Just because it's not used doesnt make it ok. I dont care if no money was ever collected from this, it's wrong.

The fact that they can jail you, determine how long you stay, and then have the possibility to charge you is crap and maybe the most UnAmerican thing I have heard in my life.

 

[BigOrangeMojo]

Playing devil's advocate here. Let's say Jussie Smollet is sentenced to jail for 2 years. He has the means to pay. Is it fair that IL citizens have to pay for the incarceration of a CA resident? What's the difference between recovering jail fees and recovering police overtime?

 

[utvolpj]

Playing devil's advocate here. Let's say Jussie Smollet is sentenced to jail for 2 years. He has the means to pay. Is it fair that IL citizens have to pay for the incarceration of a CA resident? What's the difference between recovering jail fees and recovering police overtime?

So now we are means testing prisoners? Different punishment based on how much money you have? Can't believe that's not already addressed somewhere

 

[BigOrangeMojo]

So now we are means testing prisoners? Different punishment based on how much money you have? Can't believe that's not already addressed somewhere

In 99% of the cases you would be trying to get blood out of a turnip but in the Jussie example, I wouldn't feel one bit of anger if the state recouped some of his incarceration fees.

In not saying I think it's a great idea but this doesn't make my blood boil

 

[utvolpj]

In 99% of the cases you would be getting blood out of a turnip but in the Jussie example, I wouldn't feel one bit of anger if the state recouped some of his incarceration fees.

So you're ok with unequal protection based on financial status?

 

[825VOL]

So you're ok with unequal protection based on financial status?

we already have that now, it’s called being forced to use a public defender because you are poor.

 

[utvolpj]

we already have that now, it’s called being forced to use a public defender because you are poor.

So the law is applied differently based on who represents a defendant?

 

[BigOrangeMojo]

So you're ok with unequal protection based on financial status?

You ok with the CPD suing Smollet for the costs of an investigation? You think they do that for any of the tens of thousands of investigations they do each year?

I do have a problem charging fees as long as you are paying 60 cents an hour for prison labor.

 

[825VOL]

So the law is applied differently based on who represents a defendant?

Yes. A very well trained lawyer can get someone off regardless of their guilt or the law. An overworked, disinterested lawyer will plead out his clients to just get the case closed and to get paid his meager sum. Also, the well trained lawyer will intimidate the prosecution at times. Remember, the prosecution doesn’t care about quilt or innocence, only conviction rate. So they are more likely to lower the charges for the person with a good/great attorney. Yes, the law is applied differently if you have money

 

[utvolpj]

You ok with the CPD suing Smollet for the costs of an investigation? You think they do that for any of the tens of thousands of investigations they do each year?

I do have a problem charging fees as long as you are paying 60 cents an hour for prison labor.

If they apply it consistently and it's written in the laws then it's more palatable. Giving the state the ability to charge defendants at their choosing based on their bank account is ridiculous and likely unconstitutional.

Don't even get me started with the extortion LG described earlier

 

[utvolpj]

Yes. A very well trained lawyer can get someone off regardless of their guilt or the law. An overworked, disinterested lawyer will plead out his clients to just get the case closed and to get paid his meager sum. Also, the well trained lawyer will intimidate the prosecution at times. Remember, the prosecution doesn’t care about quilt or innocence, only conviction rate. So they are more likely to lower the charges for the person with a good/great attorney. Yes, the law is applied differently if you have money

You're not describing different laws for different people. All you're saying is some are better at their jobs than others. The law is still the same

 

[HammondB3Vol]

So now we are means testing prisoners? Different punishment based on how much money you have? Can't believe that's not already addressed somewhere

Innocent until proven broke

 

[825VOL]

You're not describing different laws for different people. All you're saying is some are better at their jobs than others. The law is still the same

But it is not applied the same so in effect it is different depending on your financial status