Incarcerating people doesn't come cheap to counties and states, which are charged with providing offenders with food, shelter and healthcare, among other things.  With shrinking budgets and growing inmate populations, some correctional systems have started to spin the financial burden back onto the offenders, charging them fees for custody and other services.

In some states where money is being collected from offenders, inmates are fighting back against these fees.  In fact, in Bristol County, Mass., inmate legal advocates have taken their battle to court, filing a lawsuit against the sheriff, claiming that he doesn't have the authority to make offenders pay.  Now, it's up to a judge to determine if county inmates should be forced to foot the bill for their time behind bars.

"This is a landmark case because it is time government started standing up for the people," said Bristol County Sheriff Thomas Hodgson, who started the county's "Cost of Care" program in July 2002.  Since it began, inmates have been paying $5 per day to cover the costs of their incarceration, which has saved the county $700,000, according to Hodgson.

The money that has been collected from inmates has been rolled back into their programming, like domestic violence, religious and parenting classes.  As a result, the load has been lightened for county taxpayers.

"Taxpayers [have been] paying more than their share when it comes to building and operating prisons," Hodgson said.  "They expect me and every manager of every government entity to find ways to minimize their costs."

Debating the Sheriff's Powers

But nearly 100 inmates, who are part of a class action lawsuit against Hodgson, believe that the fees are unconstitutional.  And Correctional Legal Services (CLS), the Boston-based inmate advocacy group that is representing them, maintains that the sheriff has overstepped his bounds by billing inmates.

"[If] the legislature [intended] corrections officials to be able to assess fees, they'd write a special statute to give them that authority," CLS attorney James Pingeon said at a hearing last week at Bristol County Superior Court.  According to Pingeon, Massachusetts law does not currently allow for sheriffs to create fees for inmates.

"At one time, Massachusetts did have a statute that made county prisoners responsible for the cost of incarceration," said Pingeon.  That particular law was repealed in 1904, he pointed out.

But Hodgson and his lawyers maintain that the sheriff is within his rights to impose fees on inmates for things like room and board, medical and dental services, haircuts and high school equivalency tests.

"A county sheriff's powers are not derived from statute," said Hodgson attorney Bruce Assad.  "The law of the land is that sheriffs have the authority and power to have inmate copays."

Even inmates who are indigent receive a bill when they leave a Bristol County correctional facility, but, if they do not return to jail within two years, their debt is forgiven.  This policy helps to combat recidivism, according to Hodgson.

"That gives them an incentive not to come back," Hodgson said.  "It's more of a reasonable write-off as far as I'm concerned," he added, noting that he would rather wipe out the $1,000 bill inmates typically leave with than spend $65,000 to incarcerate them for two years.

Defining the Relationship Between County and State Corrections

According to Assad, the sheriff has a right to run the "Cost of Care" program because powers are based on common law and can only be diminished by a constitutional amendment or a legal action, which "specifically and explicitly takes away that authority."

Pingeon disagrees, however.  He believes that a sheriff's powers are limited by both statute and the state Commissioner of Correction, who, according to Massachusetts law, has the ability to set certain fees.

"[There is] no question that county prisoners can be charged for haircuts, but the statute says the [Massachusetts] Commissioner of Correction can establish the fee," said Pingeon.  "Similarly, there's no authority under the statute for [a sheriff to] charge for GED testing."

Contrary to Pingeon's claim, the state Department of Correction has not been traditionally involved in running county jails, according to Hodgson.

"For the day-to-day management of the jail, particularly as far as operational issues, the commissioner doesn't dictate to the sheriff," said Hodgson. 

The DOC does, however, oversee the county jails to make sure that they are following certain state standards, Hodgson said. 

According to Assad, even with the fees, Bristol County, has never encountered a problem with the state DOC.
 
"They've held us in compliance and continue to do so," Assad said. 

Examining the Broader Issue at Hand

But, Pingeon and his clients feel that Hodgson's "Cost of Care" program is anything but compliant: they maintain that it is illegal for him to require inmates to pay five dollars a day while they are incarcerated.
 
"The sheriff rationalizes the "Cost of Care" fees in part by saying [that] it's only fair for inmates who commit crimes to relieve the burden on the taxpayers," Pingeon said.  "[These kinds of fees are] appropriate for the legislature to rule on and not for the sheriff to take into his own hands."

The Sheriff, however, believes that his efforts are in the best interests of both the inmates, who receive programming as a result of the collected fees, and the taxpayers, who he represents in office. 

Because other sheriffs in the state have similar intentions, the judge's decision in this case will have a broad impact, both Hodgson and Assad noted.

"This particular case affects many, many people.  This affects sheriffs' offices throughout the state," Assad said.  "The stake is millions of dollars in revenue to pay for programs inmates are receiving."

If the sheriff loses this legal battle, other counties will suffer, too, Hodgson pointed out.

"It would be a far-reaching adverse impact on sheriffs' departments throughout the state," he said.

But, for now, he feels as though he and his "Cost of Care" program are standing on solid ground.

"I feel very confident and comfortable that this court will rule in favor of the taxpayers."

Resources:

Bristol County Sheriff's Office (508) 995-6400

Correctional Legal Services  www.mcls.net