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| Suit challenges right of Mass. county to charge prisoners |
| By Associated Press |
| Published: 06/17/2004 |
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Inmates balking at paying jail fees for such things as rent, haircuts, dental and medical visits and drug prescriptions have filed a class action lawsuit against the Bristol County sheriff, saying such fees are unconstitutional. The suit filed by more than 100 inmates against Sheriff Thomas M. Hodgson, scheduled to be heard Thursday in Taunton Superior Court, claims it is unlawful to charge them $5 a day in rent, and minimal fees for haircuts, medical copayments and to obtain high school equivalency diplomas. "The inmates have an expectation that all their programs will remain the same without having to worry where the money comes from," Hodgson said. "They're saying we do not have the right to charge these fees." The lawsuit, which is being handled by the taxpayer-funded Correctional Legal Services, claims the Bristol fees violate inmates' rights, are unconstitutional and are "an invalid and unauthorized tax." "Sheriff's are not free to write their own laws. The have to follow the laws just like the inmates in their custody," said CLS attorney Jim Pingeon. Pingeon said any fees must be approved and set by the state Commissioner of Correction, not imposed by sheriffs. However Hodgson said Wednesday, "Sheriffs have clear powers of independence. I was elected by the people to find ways to reduce the burden on taxpayers and build a model for responsibility for the inmates." Inmates maintain jailhouse accounts funded with family contributions or earnings from jailhouse jobs. The fees are automatically deducted from the jailhouse accounts. Hodgson told the Taunton Gazette that his department has raised about $700,000 during the past 23 months since the $5 per day "Cost of Care" fee was instituted. The suit is being watched by sheriffs in the other 11 counties, although only the counties of Franklin and Hampshire charge no jailhouse fees. State prison inmates pay for medical, dental and haircuts, among other fees. |
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