Help needed!

cepora · #1 06-16-2002, 04:04 PM

Hi. I have an 18 year old son in the county prison doing a 11 1/2 to 23 month sentence. He will serve his time in the county. Today I visited him and he told me that there is a new "rule" at the prison--first of all, each inmate is being charged 10$ for every day they are incarcerated there. That will be paid like a fine once released. Then, he said that when the inmates get money for commissary sent to them, that the prison is taking half of that money "for their room and board". Has anyone ever heard of this??? Is is legal?? I called the prison as soon as I got home and questioned them and the lady that answered the phone said "we haven't gotten a memo about that yet" and that the "fiscal department is not in on Sundays". Any help would be appreciated. I don't know where to start with this one. Thanks.

cepora · #2 06-16-2002, 04:35 PM

I am sorry if I put this post in the wrong forum...didn't know exactly where it should go.

KConnor56 · #3 06-16-2002, 05:13 PM

cepora,

I know of many jail, & prisons that charge for booking fees, medical/dental care,restitution, etc. I have never heard of them grabbing half of a prisoners money to pay for room & board, but it wouldn't surprise me.-----Ken

jdswifey02 · #4 06-16-2002, 06:58 PM

ditto what Ken said.... ?!? I am guessing you will be calling again on Monday?? let us know what they have to say... perhaps it is just a rumor to get the guys upset?!?

38special · #5 06-26-2002, 12:57 AM

Ms. Cepora:
Capturing half an inmates store account is not legal. Civil liability will follow this type action. Theft of property can result to the authorizing official of this procedure. I really do not believe the county will do such an unacceptable thing. The charge for their stay has been tried in court and withstood the test. The bill at the end of incarceration was the higher courts recommendation (I can not recall the case name, but 20/20 did a documentary on the Sheriff of the county...??? of Arkansaw. Let the bill ride until the end and file bankruptcy on it. File charges against the authorizing official when they take your son's money; Theft of Property. Sorry about your situation......................38 Special..................................

soraya · #6 06-26-2002, 05:09 AM

sorry about your situation. I can't believe this is legal. how can you charge them 10 dollar each day for their stay??/ like they chose to be there? and taking half of the money the family sends...they are stealing your money. call again and let us know what happens, ok?

cepora · #7 06-26-2002, 06:31 AM

I just spoke with my son yesterday and they have started taking half of his commissary money. He also was handed a "bill" stating how much he owed the prison to this point in time. My son said that their reasoning is....once I send the money to him, it isn't my money anymore -it is his money. And, since he owes them for his "keep" they are entitled to take it. NO ONE at the prison has answered my questions...everyone I talk to say they don't know. The one lady told me all she could do was to leave my name and number for the warden and he'd call me & answer my questions. Of course I haven't received that phone call. I'll keep you posted. I really don't know what to do at this point.

soraya · #8 06-26-2002, 06:43 AM

I would write the warden directly about this (by registred mail), keep writing and calling until you get an answer from somebody. Which prison is your son in?

soraya · #9 06-26-2002, 06:44 AM

Maybe you can aks your son to see a copy of the bill, or to have a copy of it. because if you want to take action against this, you'll need this as a proof

B-Ray · #10 06-26-2002, 07:51 AM

Get your Governor's office, to give you what State law, that allows one of it's divisions to confiscate private monies to fund it's operation.

If that doesn't work, go to your State Senator, since there's Federal monies involved in the State prison system.

If there isn't any, then the door is open for a class action suite against the State.

You don't find such actions, when a division of the State, like the State school system when it needs money.

Budwoman · #11 06-26-2002, 09:47 AM

I am not suprised Cepora that they are trying to take 1/2 of his money.... I could not believe it when they started charging rates for Medical, Dental, Write ups, etc here in the State of N. C.

I have not sent Butch money for a little while and I am afraid to send it now because I know they will take part of it for his write up and days in Seg.

BRay is right, write to the Governor's Office and the Director of DOC in you State and ask them what the laws are about taking 1/2 of the inmates account to pay for his incarceration..... These people seem to always find a way to continue to hurt the families of inmates.... I guess they will never understand that What families send in is a hardship on most.... The inmate does not make enough money to pay for what they actually need. Butch makes $1.00 per day..... Most of his food comes from the canteen(he cannot stand what is in cafeteria) He must buy his shoes, pay for Doctor, Dentist any write up or Seg time... and the list goes on... So, how on $5.00 per week does he pay for that? It beats me.... Sure, the money is a gift to our loved ones, but it still comes from us..... At least we should be able to deduct it from our Income Taxes as a support payment or something of that sort..

Donna

cepora · #12 06-26-2002, 10:32 AM

Thanks for your advise everyone! I really didn't know where to begin with this one, I knew it didn't sound right, but didn't know what could be done. I'll keep you updated. Thanks again

cepora · #13 06-30-2002, 07:12 AM

Hi everyone. Just an update. They have started taking his money, last week. If I send him 20, he gets 10 and a slip of paper stating that they took it and what his "balance" is for his room and board. I have written the warden, no response. I have called repeatedly, no one knows anything. I am going to write the governor today. I have told my son to mail me anything he has gotten in writing concerning this. I'll let you know what I find out.

Daveswife · #14 06-30-2002, 03:32 PM

I've never heard of such a thing, specially not county jail. I would definately do some serious checking into this.
Good luck!!

Budwoman · #15 07-01-2002, 01:22 PM

CEPORA

INSURE THAT YOU GET COPIES OF HIS RECEIPTS SHOWING THE 1/2 DEDUCTION.... THEN MAKE A COPY, AND WRITE A LETTER TO YOUR STATE DIRECTOR OF PRISONS, SEND A COPY OF THIS SAME LETTER TO YOUR GOVERNOR.

ASK FOR THEM TO TELL YOU HOW THEY FEEL THEY CAN LEGALLY TAKE YOUR MONEY YOU ARE SENDING TO YOUR SON AS PAYEMENT FOR ROOM AND BOARD.

ALSO ASK THEM IF YOU GET TO CLAIM HIM ON YOUR INCOME TAX AS A DEPENDANT.....

THEN, CALL THE FEDERAL DIRECTOR OF PRISONS AND ASK THE SAME QUESTION.... HOW CAN A STATE DOC TAKE 1/2 OF THE MONEY I SEND TO MY SON FOR HIS ROOM AND BOARD.

GOOD LUCK

DONNA