As reported in the November 9, 2015 “myDayton Daily News“
By Laura A. Bischoff – Columbus bureau
Columbus —
Counties across the state charge jail inmates “pay-to-stay” fees that pile on debt and unfairly tether low-income people to the criminal justice system for years, according to a new report from the ACLU of Ohio.
“These fees are insidious: loading formerly incarcerated people with increasing amounts of debt that make it nearly impossible for even the most well-meaning person to become a productive member of society,” the report says.
Fees are deducted from inmate accounts while they’re behind bars and turned over to collections agencies after they’re out, which often dings their credit report and hurts their ability to get jobs, housing and transportation.
The American Civil Liberties Union of Ohio surveyed the 75 full-service jails in 74 of Ohio’s 88 counties and found:
- 40 charge a pay-to-stay fee, either through a booking fee, daily fee or both;
- 16 county jails charge both fees, with an average daily cost of $73.91;
- the Corrections Center of Northwest Ohio in Williams County charges a $100 booking fee and $66.09 per day — the highest in the state;
- Seneca and Wayne counties charge only a $5 booking fee, $5 release fee and make no mention of collections; and
- when assessing a fee, 20 county jails take indigence into account.
David Mahoney, a community activist and recovering addict in Marion, said he owes $21,000 in pay-to-stay fees he racked up in Marion County. “No way I can pay that,” Mahoney said.
ACLU of Ohio is calling on counties to end the fees charged to indigent individuals, give credit for completing programming or community service in lieu of paying fees, and opt for ticketing and probation over jailing inmates. Mahoney said he was never given an option to do community service instead of paying fees.
In 2013, the ACLU of Ohio issued a report that found courts in at least seven counties routinely jail Ohioans for owing court fines and fees, in violation of the state constitution and laws and against a 1983 U.S. Supreme Court ruling. After Ohio Supreme Court Chief Justice Maureen O’Connor reviewed the report, the high court issued “bench cards” to all judges statewide that lists legal alternatives to jail and outlines the procedure for determining someone’s ability to pay fines.