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| Post Number: 11
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Tiger 
Group: Members
Posts: 606
Joined: Aug. 2003
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Posted on: Sep. 09 2003,2:12 pm |
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Liberal, if you would have read my initial post more carefully you would have seen that I agreed with you on the punishment thing. I'm sick of minnow always thinking everyone's motives are excuses for things he doesn't agree with. If it isn't minnow's way then it must be WRONG!!! Simmer down Liberal and take a breath.
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| Post Number: 12
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minnow
Group: Members
Posts: 2243
Joined: Aug. 2003
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Posted on: Sep. 09 2003,2:46 pm |
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I'm right on almost every issue. Just look at what your thinking has done for you?
...a ghost town...
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| Post Number: 13
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jimhanson
Group: Moderator
Posts: 8491
Joined: Aug. 2003
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Posted on: Sep. 09 2003,2:51 pm |
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It would be interesting to see what any of our local judges say about this--the County may impose more of a "fine" than the judges impose!
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"If you want to anger a Conservative, tell him a lie. If you want to anger a LIBERAL, tell him the TRUTH!"
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| Post Number: 14
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Spidey
Group: Members
Posts: 1775
Joined: Aug. 2003
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Posted on: Sep. 09 2003,3:19 pm |
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I'm not so sure he meant "as a punishment" by saying deterent. Those two words have different meanings.
PUNISHMENT > You did a bad thing therefore you must pay rent!
DETERENT > You must pay rent to help defray costs, you know this isn't a free ride anymore, you may reconsider next time.
Charging convicted prisoners for room and board is the LEAST that should happen. But didn't I read somewhere that one county is doing this and the expenses out weigh the income? Surely there needs to be more thought put into this if that is correct in what I read.
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| Post Number: 15
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1adam12
Group: Members
Posts: 61
Joined: Aug. 2003
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Posted on: Sep. 09 2003,3:44 pm |
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Most likely, he did mean "deterrent". But that's OK, he's only one of the highest paid county employees - you expect him to think before he talks  .
The deterrent effect is minimal, however. The meth head, burglar or pizza-man assailant doesn't think "gee, if I get busted, it'll cost me $10 a day in jail. Hmm. Maybe I shouldn't do this".
This is simply a vain attempt to recoup some of the costs which was approved by the legislature. Don't get me wrong, they should pay. But there are no teeth to the charges.
I saw an article about the Rice County jail. Last year they had $6000 in charges to inmates, but only recovered $600.
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| Post Number: 16
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minnow
Group: Members
Posts: 2243
Joined: Aug. 2003
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Posted on: Sep. 09 2003,5:25 pm |
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1. Then their credit is ruined and the local trailer park or section 8 housing won't accept them.
2. They end up staying at a relatives near where we live and ...our things start missing....
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| Post Number: 17
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danbelshan
Group: Members
Posts: 263
Joined: Aug. 2003
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Posted on: Sep. 09 2003,5:28 pm |
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Here's State Law
Minnesota Statutes 2002, Table of Chapters
Table of contents for Chapter 641
641.12 Collection of fees and board bills.
Subdivision 1. Fee. A county board may require that
each person who is booked for confinement at a county or
regional jail, and not released upon completion of the booking
process, pay a fee of up to $10 to the sheriff's department of
the county in which the jail is located. The fee is payable
immediately from any money then possessed by the person being
booked, or any money deposited with the sheriff's department on
the person's behalf. If the person has no funds at the time of
booking or during the period of any incarceration, the sheriff
shall notify the district court in the county where the charges
related to the booking are pending, and shall request the
assessment of the fee. Notwithstanding section 609.10 or
609.125, upon notification from the sheriff, the district court
must order the fee paid to the sheriff's department as part of
any sentence or disposition imposed. If the person is not
charged, is acquitted, or if the charges are dismissed, the
sheriff shall return the fee to the person at the last known
address listed in the booking records.
Subd. 2. Board. At the end of every month the
sheriff of each county shall render to the county auditor a
statement showing the name of each fugitive from justice, United
States prisoner, one committed from another county or one
committed by virtue of any city ordinance, the amount due the
county for board of each and from whom, and also of all amounts
due for board of prisoners for the preceding month.
Subd. 3. Inmate payment of room and board. (a) A
county board may require that an offender convicted of a crime
and confined in the county jail, workhouse, or correctional or
work farm pay the cost of the offender's room, board, clothing,
medical, dental, and other correctional services. The board
shall establish a schedule to charge offenders under this
subdivision. The costs may be collected at any time while the
offender is under sentence or after the sentence has been
discharged. During the period of confinement, the costs may be
deducted from any money possessed by the offender or any money
deposited with the local correctional or law enforcement agency
on the offender's behalf. The board, or local correctional
agency or sheriff with authority over the jail, workhouse, or
farm, may use any available civil means of debt collection in
collecting costs under this subdivision.
(b) The chief executive officer of the local correctional
agency or sheriff may waive payment of the costs under this
subdivision if the officer or sheriff determines that the
offender does not have the ability to pay the costs, payment of
the costs would create undue hardship for the offender or the
offender's immediate family, the prospects for payment are poor,
or there are extenuating circumstances justifying waiver of the
costs.
© If an offender has been ordered by a court to pay
restitution, the offender shall be obligated to pay the
restitution ordered before paying the costs under this
subdivision. However, if the offender is making reasonable
payments to satisfy the restitution obligation, the local
correctional agency or sheriff may also collect costs under this
section.
HIST: (10858) RL s 5473; 1973 c 123 art 5 s 7; 1975 c 94 s 5;
1997 c 239 art 9 s 38; 2002 c 322 s 1
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
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Go to danbelshan.com for my newsletters.
Go to Dan Belshan on facebook to get the latest.
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| Post Number: 18
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Liberal
Group: Moderator
Posts: 11451
Joined: Aug. 2003
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Posted on: Sep. 09 2003,5:48 pm |
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Everyone is in agreement that it's legal to collect money from an inmate if it is meant to offset the cost of housing the inmate.
The problem is Ron G. spells out exactly how our county plans to use it as a form of punishment.(this is another slap on the hand...)
Reimbursment is OK... punishment is unconstitutional.
Ron G. made it kind of obvious that the reason for this fee will be punishment.
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The people are masters of both Congress and courts, not to overthrow the Constitution, but to overthrow the men who pervert it!
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| Post Number: 19
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minnow
Group: Members
Posts: 2243
Joined: Aug. 2003
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Posted on: Sep. 09 2003,5:50 pm |
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It just punishes the work release people so many will choose to just do the time instead of working to break even...especially with new facilities....excerise rooms, entertainment hall...cable/satellite.
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| Post Number: 20
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collector
Group: Members
Posts: 48
Joined: Sep. 2003
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Posted on: Sep. 09 2003,6:40 pm |
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As you can see by my username, I do collections for a national agency. To answer a few questions regarding prisoners and filing bankruptcy--anyone can file bankruptcy, however, the courts don't look favorably on that like they used to. It is harder to get your debts discharged these days. Will it hurt the prisoners to have a collection item on their credit report? Probably. Is it fair a medical bill or another type of bill is OK to send to collections for a poor person or indigent person and/or the credit report but a poor person or indigent person shouldn't have an item on his bureau for failure to pay a fee to a jail? I don't think so. All bills need to be paid and all should be treated fairly. Recovery rates for any business that places debt in collection is averaging about 25%. That isn't much. The county could do that and calculate a return based on the average. Chances are it will be less than that in real dollars. Will placing these charges on people and having an agency collect it make it debtors prisons again? No. There are many county governments using the services of collection agencies to collect jail fees, unpaid taxes, fines, etc. The agency takes an average 30% and the county gets the rest. It is better than letting all these unpaid taxes and fines stay on the books each year only to be written off. Whether we like collectors or collection agencies isn't the issue. Getting what is due is the issue. People like me work hard to do that for anyone wishing to place a debt in collections.
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