Jade01
08-12-2005, 04:35 PM
http://www.ardemgaz.com/ShowStoryTemplate.asp?Path=ArDemocrat/2005/08/12&ID=Ar01303
BY KENNETH HEARD ARKANSAS DEMOCRAT-GAZETTE
To meet rising expenses, Sheriff David Lucas is charging inmates $45 a day to stay in the Jackson County jail in Newport. Billing, however, is contingent upon conviction.
The Quorum Court enacted an ordinance this week authorizing collection of the fees, citing a state law that allows counties a means to recoup jail costs.
"I’m tired of seeing inmates living off the pocketbooks of the taxpayer," Lucas said. "It’s not right.
"Just because you are in my jail, you are not my child, and I don’t have to support you."
Arkansas Code 12-41-505 addresses the liability of convicted criminals. It states: "Every person [jailed for a crime], if he or she shall be convicted, shall pay the expenses in carrying him or her to jail and also for his or her support from the day of his or her initial incarceration for the whole time he or she remains there." In Jackson County, a municipal judge will assess the costs upon a prisoner’s release and, if the prisoner cannot pay it, the judge can then garnishee his wages or issue a judgment against the prisoner’s property. Prisoners held for a day or more in jail, but later found innocent in court, will not be billed.
"It’s perfectly legal to do this," said Brenda Pruitt, executive director of the Association of Arkansas Counties. "The problem is that someone proven guilty might not have the money to pay for it, but it doesn’t hurt to try."
Jackson County officials billed their first prisoner Wednesday — $90 for the two days he spent in the jail, Lucas said.
"It’s going to have some bugs in it," Lucas said of the billing process. "I don’t expect to collect 100 percent of what we billed, but if we get 30 percent, that’s 30 percent more than what we had."
At least one other county is collecting fees for inmates’ stays, said Chuck Lange, executive director of the Arkansas Sheriffs’ Association. For the past year, Marion County has charged prisoners a daily fee of $50 a day after they are convicted in court.
Lange said his organization doesn’t track inmate payment plans county by county. Some counties impose a booking or processing fee, charging prisoners a set fee, rather than a day-by-day fee, Lange said.
Pulaski County charges prisoners a type of co-payment for medical services rendered, such as dental, if an inmate can afford it, a spokesman at the jail in Little Rock said.
"It’s not how much you collect," Lange said. "It’s how much you save. Anything you can do to defray jail costs is good."
Lucas, who was elected sheriff in November, said he began considering the fee after reading the statute months ago. The wording of the statute appears to order, rather than suggest, that the counties charge prisoners, he said.
"It says counties ‘shall,’ not ‘may,’ impose a fee," Lucas said. "It sounds like a mandate to me.
"Somebody has to pay for what the sheriff’s office does in some form, shape or fashion," he said. "It’s not right that has to fall on the taxpayers."
Counties can base their fees upon their own expenses, Lucas said.
The Arkansas Department of Correction has said the cost of incarcerating a prisoner in a state prison is $28 a day, Lange said.
Lucas said two overriding factors prompted him to ask the Quorum Court to approve the jail fees.
The first was cost. His sheriff’s office budget, which includes operating the 27-bed jail, is $912,000 this year. But he’s already run out of money to pay for the gasoline his deputies use to patrol the county. Rising medical expenses also are a factor.
"‘Meth mouth’ is killing us," he said, referring to a dental ailment that affects users of the addictive stimulant methamphetamine.
"They come in jail, come off their drugs, and they feel pain," he said. "Their teeth start hurting, and we have to pull six teeth out at $90 a tooth.
"I’m a taxpayer, too," Lucas said. "It’s my job as sheriff to take care of the inmates but also to run this department and save money."
Secondly, Lucas said he is angered by the near-cavalier attitude of inmates incarcerated in Newport.
"Some people see jail as a free ride," Lucas said. "They get a free room with electricity and television, free medical and three hot meals daily."
One drawback in collecting the fees is that the inmate, because of his incarceration, is unable to work, Pruitt of the Association of Arkansas Counties said.
"I don’t know how they will get money from some people," she said. "But it’s worth a try. I’m glad someone is making an effort to do that."
BY KENNETH HEARD ARKANSAS DEMOCRAT-GAZETTE
To meet rising expenses, Sheriff David Lucas is charging inmates $45 a day to stay in the Jackson County jail in Newport. Billing, however, is contingent upon conviction.
The Quorum Court enacted an ordinance this week authorizing collection of the fees, citing a state law that allows counties a means to recoup jail costs.
"I’m tired of seeing inmates living off the pocketbooks of the taxpayer," Lucas said. "It’s not right.
"Just because you are in my jail, you are not my child, and I don’t have to support you."
Arkansas Code 12-41-505 addresses the liability of convicted criminals. It states: "Every person [jailed for a crime], if he or she shall be convicted, shall pay the expenses in carrying him or her to jail and also for his or her support from the day of his or her initial incarceration for the whole time he or she remains there." In Jackson County, a municipal judge will assess the costs upon a prisoner’s release and, if the prisoner cannot pay it, the judge can then garnishee his wages or issue a judgment against the prisoner’s property. Prisoners held for a day or more in jail, but later found innocent in court, will not be billed.
"It’s perfectly legal to do this," said Brenda Pruitt, executive director of the Association of Arkansas Counties. "The problem is that someone proven guilty might not have the money to pay for it, but it doesn’t hurt to try."
Jackson County officials billed their first prisoner Wednesday — $90 for the two days he spent in the jail, Lucas said.
"It’s going to have some bugs in it," Lucas said of the billing process. "I don’t expect to collect 100 percent of what we billed, but if we get 30 percent, that’s 30 percent more than what we had."
At least one other county is collecting fees for inmates’ stays, said Chuck Lange, executive director of the Arkansas Sheriffs’ Association. For the past year, Marion County has charged prisoners a daily fee of $50 a day after they are convicted in court.
Lange said his organization doesn’t track inmate payment plans county by county. Some counties impose a booking or processing fee, charging prisoners a set fee, rather than a day-by-day fee, Lange said.
Pulaski County charges prisoners a type of co-payment for medical services rendered, such as dental, if an inmate can afford it, a spokesman at the jail in Little Rock said.
"It’s not how much you collect," Lange said. "It’s how much you save. Anything you can do to defray jail costs is good."
Lucas, who was elected sheriff in November, said he began considering the fee after reading the statute months ago. The wording of the statute appears to order, rather than suggest, that the counties charge prisoners, he said.
"It says counties ‘shall,’ not ‘may,’ impose a fee," Lucas said. "It sounds like a mandate to me.
"Somebody has to pay for what the sheriff’s office does in some form, shape or fashion," he said. "It’s not right that has to fall on the taxpayers."
Counties can base their fees upon their own expenses, Lucas said.
The Arkansas Department of Correction has said the cost of incarcerating a prisoner in a state prison is $28 a day, Lange said.
Lucas said two overriding factors prompted him to ask the Quorum Court to approve the jail fees.
The first was cost. His sheriff’s office budget, which includes operating the 27-bed jail, is $912,000 this year. But he’s already run out of money to pay for the gasoline his deputies use to patrol the county. Rising medical expenses also are a factor.
"‘Meth mouth’ is killing us," he said, referring to a dental ailment that affects users of the addictive stimulant methamphetamine.
"They come in jail, come off their drugs, and they feel pain," he said. "Their teeth start hurting, and we have to pull six teeth out at $90 a tooth.
"I’m a taxpayer, too," Lucas said. "It’s my job as sheriff to take care of the inmates but also to run this department and save money."
Secondly, Lucas said he is angered by the near-cavalier attitude of inmates incarcerated in Newport.
"Some people see jail as a free ride," Lucas said. "They get a free room with electricity and television, free medical and three hot meals daily."
One drawback in collecting the fees is that the inmate, because of his incarceration, is unable to work, Pruitt of the Association of Arkansas Counties said.
"I don’t know how they will get money from some people," she said. "But it’s worth a try. I’m glad someone is making an effort to do that."