Ohio “Pay To Stay” Prison Program Miserable Failure

In the counties of Butler and Hamilton, Ohio, the sheriff’s departments attempted to collect money from inmates to pay for the cost of their stay at jail. An all around failure, the program stopped a few weeks ago after it cost taxpayers $69,000 to settle a federal lawsuit. The state auditor halted the program because it wasn’t generating any income.

Despite this fact, these counties are discussing reviving the program through collecting booking fees. Financial analysts remain dubious. Even in the best case scenarios, the policy may not be lucrative at all; most prisoners that end up in jail have no money.

Lawsuits were the issue that originally stopped the program. An Ohio jail nearby began charging booking fees at a hundred dollars and an additional $67.77 daily charge for every day held. But federal lawsuits against Hamilton and Butler counties sparked an end to “pay to stay” programs. The main issue at hand was determining who had to pay the fee.

Ohio law permits a county to charge prisoners for room and board, medical and dental treatment, property damage and a onetime booking fee. Inmates should be billed at the end of their stay, but the key provision of the law is that only convicted inmates could be charged. The District Judge stated that it was unconstitutional to take these fines from inmates who weren’t convicted yet.

Hamilton County was taken to court in 2000 and was ordered to return around one million dollars in prison fees and to pay $150,000 for an educational program for inmates. In 2001, Butler County was also sued. By 2003, the grand total of money that was returned to settle litigation was $63,846 to 2,431 prisoners. Additionally, the county was ordered to pay a $5,000 donation to the Legal aid Society after officials did not add the agreed upon ten percent interest on refund checks.

Although the plan to charge pay to stay fees to prisoners has failed, and has cost taxpayers more money than the program is worth, the Sheriff’s department still looks to extract more money from the jail. Charging booking fees, and taking in out of state prisoners are current considerations.

Mallory Megan works for Rapid Recovery Solution, a new york debt collection agency. Having trouble collecting money from small claims? collection agencies can help.