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davidn3600

(6,342 posts)
Fri Sep 18, 2015, 07:14 PM Sep 2015

States are now sending bills to inmates demanding they pay for their own incarceration

He was at the end of a three-year sentence in a Florida state prison when he was caught stealing potatoes from the prison kitchen. As punishment, he was sent to confinement with a cellmate who, according to court filings, was "severely mentally ill." The man attacked Barrett in a violent rage, ultimately gouging out one of his eyes. "I went into shock," Barrett said.

When he got out of prison one month later, Barrett, 36, sued the Florida Department of Corrections for negligence. The department responded with a counterclaim or a "cost of incarceration lien" of $54,750 -- the total cost of Barrett's 1,095 day stay in the prison at $50 a day.

"They charged me for me being in prison," Barrett said. "Yeah I was surprised."

When another inmate, Dee Taylor, was released after serving a three-year bid in various Florida prisons, he also got a bill for around $55,000 from the Florida Department of Corrections.

"I was floored," Taylor said. "It's an astronomical number. It's almost laughable." Taylor, 69, said he had not filed a lawsuit against the department and that he wasn't sure why he got the bill.

Such cases stem from a Florida law that allows the state to charge inmates $50 a day to cover the costs of their incarceration. According to a spokesman at the Florida Department of Corrections, every person who is convicted in the state immediately begins accruing the $50 a day "cost of incarceration lien." If an inmate sues the department, like Barrett did, the department can decide to charge them for the cost of their stay. In other cases, like Taylor's, it's typically a judge who decides whether to invoke the statute and charge the former inmate.
---
Fees have also been charged for booking, probation, DNA testing, use of a public defender, police transport, phone calls and video visitation, court costs and sentencing.


http://money.cnn.com/2015/09/18/news/economy/prison-fees-inmates-debt/index.html

Apparently dozens of other states have similar laws and are selectively enforced. Court rulings have for the most part determined that the laws are perfectly fine.

So apparently it's OK for the state to pick and choose who pays the fees. And if you have a real good lawyer, you can perhaps fight the fees and win. Of course if you are poor or a minority...good luck.

It's amazing how fucked up this justice system really is.....
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randys1

(16,286 posts)
1. Put a few wall streeters in prison, then and only then will I even be in favor of
Fri Sep 18, 2015, 07:16 PM
Sep 2015

their existence in the first place.

Ok, maybe a couple of prisons to hold the really crazy violent people, but that is probably about 1% of the prison population.

 

MohRokTah

(15,429 posts)
3. Clear violation of the 14th amendment.
Fri Sep 18, 2015, 07:27 PM
Sep 2015

Not all inmates are treated the same under this law, ergo, it is a de facto violation of the 14th amendment.

 

yeoman6987

(14,449 posts)
5. Courts have ruled this is ok
Fri Sep 18, 2015, 07:33 PM
Sep 2015

I am surprised. This will have to go to Supreme Court eventually I think.

 

davidn3600

(6,342 posts)
10. Budgets are tight
Fri Sep 18, 2015, 08:20 PM
Sep 2015

The prison population in this country is massive compared to the rest of the world. It's becoming increasingly expensive and state and local politicians are trying to find any way they can to pay for it.

You might say that the solution is to reform the system, change the way we fight the war on drugs, and lower the prison population by getting rid of excessive mandatory minimum laws. That is the correct solution. However, no politician wants to face re-election with their opponent accusing them of being "soft on criminals." This country has a belief that prison should be horrific and inhumane. Americans feel prison should be for punishment and revenge and not rehabilitation. This is the mentality that needs to change.

Even many conservatives like Rand Paul have suggested the system is ridiculous and unsustainable. But these politicians get no traction with these ideas with voters nor other members of congress. The prison industrial complex has very strong lobbyists. There are many corporations that make money off the prison system. If the system is reformed, these companies will see contracts shrink and profits decline. So they have a very strong interest in keeping the status quo.

It's a mess.

 

Triana

(22,666 posts)
7. Greedy corprats & crooked RW politicians controlled by them ....
Fri Sep 18, 2015, 07:50 PM
Sep 2015

...what could possibly go wrong?

THIS.

 

nadinbrzezinski

(154,021 posts)
8. This problem started to become very real in the last 20 years
Fri Sep 18, 2015, 08:00 PM
Sep 2015

Ferguson, among other lovely places, has brought this to relevance as well.

Guess what happens when you cannot pay?

We have covered this as well, At least my state, with all the issues it has and they are serious, is not charging prisoners (yet)

A lot of this has been done not quite in the dead of night, but while media et al have ignored prison systems, and prison systems have become more and more insular and secretive.

Lancero

(3,003 posts)
9. Reason number I lost count a long time ago for why the PIC...
Fri Sep 18, 2015, 08:08 PM
Sep 2015

Needs to be done away with.

Hopefully Obama will do something about it since he doesn't need to worry about reelection, but failing that here's hoping the next person in office will take quick action.

napi21

(45,806 posts)
11. I honestly wonder how much ANY State has actually recovered via this law?
Fri Sep 18, 2015, 09:05 PM
Sep 2015

Can't say that I know a lot of ex-cons, but the few I do know have NOTHING! No money, no assets, no job, and not much hope of getting one...at least a decent one. Just where do they think this $$ is going to come from? If their fines are not paid, what do they do? Put the guy BACK in prison to incur even MORE FINES? What dumb asses came up with this insanity?

progree

(10,903 posts)
16. " Put the guy BACK in prison to incur even MORE FINES?" - Yes, unfortunately
Fri Sep 18, 2015, 10:08 PM
Sep 2015

The Nation magazine had a cover article on this a few years ago.

Back in the old days, it was tough getting out of prison with a criminal record and no assets, and a big gap in one's job history, etc. But it wasn't completely hopeless, at least some significant percentage were able to overcome that and get a start and make a living legitimately.

Now, per The Nation article, it is virtually impossible to get a start with collectors taking away most everything they earn.

=======

Well I can't find it, but here is something very similar (my summary notes in my own words on it, from long ago, not an excerpt) --

Newsweek 10/4/10 - More debtors ending up in prison - people who have not paid fines and court fees end up behind bars, a growing trend as in many jurisdictions the court system depends on the fees -- and then can't stay out of prison because when they do get out, they are even deeper in debt, and can't pay, and end up back in prison. (And of course besides ruining someone's life for getting in debt, the taxpayer eventually pays for all this incarceration)

tavernier

(12,382 posts)
12. Much like charging students
Fri Sep 18, 2015, 09:23 PM
Sep 2015

with loan shark interest rates.

Just another means to bail out failing banks and Wallstreet businesses.

 

rusty quoin

(6,133 posts)
17. When these prisons do their hiring, I wonder if,
Fri Sep 18, 2015, 10:19 PM
Sep 2015

when they do their screenings, do they give points for those who score high in psychopathology? It would be kind of like getting extra points for having served in the military for government jobs.

I ask this, because the punishment for Barrett for stealing potatoes was to put him in a cell with someone who would try to kill him.

 

rhett o rick

(55,981 posts)
18. At our monthly county Democratic meeting we had a speaker that had been
Sat Sep 19, 2015, 03:37 PM
Sep 2015

incarcerated. He said they wouldn't let him out if he didn't sign a payment plan for his expenses. And if he didn't meet the payment plan, he could be returned to prison. He said they drop released prisoners off near where they were arrested with little money. In some cases there is nowhere near to go to sleep. Even in larger cities where you can go to government offices for help, you usually only get some brochures and a good luck handshake. No help finding a job. Almost a guarantee to return to incarceration.

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