PARENT'S RIGHTS NOW!

DORCHESTER COUNTY SC SHERIFF FUDGES A LITTLE ON THE TRUTH

In a document titled "Sheriff Nash Reviews Specific Concerns of County Council" Sheriff Ray Nash is quoted as saying "Drug forfeitures ...are the only way we have of supplementing our finances when Council refuses to provide the funding we need..." (emphasis added).

Much documentation is available to demonstrate that the highlighted portion of the above statement is false. Moreover, Sheriff Nash's opponents know this statement is false. So the question is whether Sheriff Nash will correct the misstatement or whether it will even matter if he does not.

BAD NEWS FOR DORCHESTER COUNTY INMATE FEE PROGRAM?

Last week, The Standard-Times reported Bristol County sheriff testifies in favor of inmate fees. This article updates the ongoing dispute discussed in Injunction Issues Against Bristol Jail "Pay For Stay" and pasted hereinbelow. We cannot predict what will happen in this case, but we think it bodes poorly for Dorchester County South Carolina. We also think that Sheriff Nash's program has "two problems"--one is that it is immoral, the other is that it is illegal.
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On July 28, 2004, the Bristol Superior Court (Moses, J.) issued an injunction against the collection of rent, medical co-pay, GED and other charges from prisoners in the Ash Street Jail in New Bedford and the Bristol County Jail and House of Correction in North Dartmouth. The order issued in Souza, et al. v. Hodgson, Bristol County Sheriff, a class action filed in 2002 by MCLS' Litigation Director, Jim Pingeon. Shortly thereafter, a single justice of the Appeals Court denied the defendant�s application for a stay of the order pending appeal. On March 31, 2005, the court ruled that the case can proceed as a class action. The judge also stated that the court would allow the sheriff to pursue an appeal before ordering him to return the money (about $700,000) that he seized from prisoners in his custody. MCLS believes that the sheriff is likely to pursue an appeal.

Sheriff Thomas Hodgson is an old-school "tough-on-crime" politician whose polices have polarized Bristol County. Some years ago he gained much publicity by re-instituting chain gangs on county roads and other public work projects. Although some people in the county love the idea, others are outraged, and several Bristol County towns have asked the sheriff to not use chain gangs (which he calls "tandem work crews") within their limits. Sheriff Hodgson likes to present himself to the public as concerned about the taxpayers' pocketbook. Therefore, he tries to portray policies such as the five dollar per day rent that he began collecting from prisoners in his custody as ways to save the public money and teach prisoners "responsibility" at the same time. There were two problems with the sheriff's prisoner fees, however. One problem is legal, and the other is moral.

No law gives the sheriff the power to charge prisoners a daily fee for being in jail. Nor is there a law that says he can charge prisoners for medical care. In fact, the network of laws governing the power and authority of sheriffs in Massachusetts makes him the guardian of the property of prisoners, including whatever money they may have with them when they come into jail or that they may receive from family members while they are in jail. There are certain fees and charges that can be taken out of a prisoner�s funds because the law says that they can. The victim-witness fee is probably the best known such charge. Another permitted fee is for haircuts. But the law passed by the legislature that authorizes that fee provides that the Commissioner of Correction may set the amount of the fee for the counties as well as the DOC. The Commissioner may also authorize medical care fees for state prisoners, bu t the law does not apply to the counties. The sheriff is not free to dream up medical or other charges on his own.

The moral problem with Sheriff Hodgson's fee policies is that the prisoners in the Ash Street Jail and the North Dartmouth House of Correction have no way to pay the fees that he imposed. In many places prisoners can earn small amounts of money through their prison jobs, jobs that might pay 25 cents to 2 dollars an hour. Massachusetts state prisoners in work release programs can have regular jobs in the community and make normal wages. In that kind of situation it may make some sense for prisoners to " kick in" some money towards the cost of their custody. And in fact Massachusetts state prisoners in work release do contribute in that way. But Sheriff Hodgson does not have a single paying job for the more than one thousand prisoners in his custody. The result of this situation is that it was usually the families of Bristol prisoners who were paying the sheriff�s charges. Where is the justice in that?

This is an important case. Several other sheriffs in Massachusetts impose unauthorized fees on their prisoners, and the final result in this case will be important to the families of many if not most of the approximately twelve thousand people in county jails across the state.

Questions and Answers

Has Sheriff Hodgson stopped charging rent and has he stopped charging for medical care? Yes. On July 30, 2004, the Bristol County Sheriff's Department circulated a memo announcing that it had stopped charging the five dollar daily fee, medical fees, and the fee for GED tests. The haircut fee was lowered to $1.50, which is the amount established by the Commissioner of Correction for state prisoners. The court ruled that because the Commissioner's fee was $1.50, Sheriff Hodgson's $5.00 haircut fee was excessive.

Will people get their money back? We hope so. Although the trial court has ruled in our favor, the sheriff is entitled to an appeal, which we expect him to take. "It ain't over 'till it's over."

When will people get their money back? We don't know. The courts will decide if, when and how the money will be refunded. The total amount of money taken is apparently about $700,000. It will be necessary to find thousands of present and former Bristol County prisoners who should get refunds.

Will people get interest on their money? We don't know. The court will have to decide that and the question has not yet been argued before the judge.

What should people do to get their money back? The procedure for retrieving funds has not been set. Be sure that MCLS has your name and address and that you give us any change of address if you move. We have to be able to find you in order to give you any money you are entitled to, and the courts often will not permit us to hold money for very long for people whom we cannot locate.

There is a new MCLS direct dial number for state prisoners: (877) 249-1342