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| Counties sue over cost of prosecutions |
| By Times Herald |
| Published: 08/02/2004 |
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Montgomery County, Pa. joined by 20 other counties who have at least one state prison within their borders, last Tuesday filed a lawsuit against the state in Commonwealth Court in an attempt to pry open the state's pocketbook to cover these prosecution costs. "It's not right that our taxpayers have to pick up the tab and we intend to do something about it," said Commissioners Chairman James R. Matthews. Matthews estimated that the county is paying almost $45,000 a year to prosecute Graterford inmates. These costs include the cost of a prosecutor, a public defender, transportation, court personnel and the like, according to Matthews. The lawsuit asks the court to settle a dispute between the counties and the state over the interpretation of a 2000 legislative amendment to a state law governing those costs. The county, which contends that the state is responsible for all costs involving the prosecution of a inmate who commits additional crimes while incarcerated, late last year sent the state a bill for about $65,000 for an 18-month period. In response, the Pennsylvania Department of Corrections sent a letter to the county advising it that the amended law only requires that the state pay the prosecution costs arising out of escapes or attempted escapes. Claiming that it was involved in the drafting of the amended legislation, the state Department of Corrections said it was never the intention of the legislation to shift all prosecution costs for other crimes committed inside the state prison walls to the state. "We were frankly surprised at the Department of Corrections' misreading of its statutory obligation," said Montgomery County Solicitor Barry M. Miller. "We are confident that the Commonwealth Court will agree with the 21 counties involved that the Department of Corrections bears the obligation to pay for the cost of prosecuting all crimes committed within state prisons," said Miller. Up until the 2000 amendment, the county used to bill the county that initially sentenced the person to a state prison. After the law was amended, the counties stopped billing other counties, but also did not bill the state. The problem was discovered by former Montgomery County Solicitor Richard D. Winters, a well-known county defense lawyer. Winters researched the situation and advised the commissioners that the county should be billing the state for those prosecution costs, according to Matthews. Matthews said Montgomery County then contacted the other 20 counties that have at least one state prison within their borders and they agreed to join in the litigation and split the legal costs with Montgomery County as the lead county. |
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