Colorado City Settles ‘Debtors Prison’ Case

Nicole Beemsterboer/NPR

Nicole Beemsterboer/NPR

You can add Colorado Springs, Colo., to the list of American cities learning that turning “civil” cases like traffic tickets into jail-time cases might be illegal. National Public Radio did a deep-dive into the situation this week, offering the context that “… debtors’ prisons have long been illegal in the United States. But many courts across the country still send people to jail when they can’t pay their court fines. Last year, the Justice Department stepped in to stop the practice in Ferguson, Mo. And now, in a first, a U.S. city will pay out thousands of dollars to people who were wrongly sent to jail.”

The NPR story said that Colorado Springs and the American Civil Liberties Union of Colorado announced “… a settlement that will end the practice of jailing people too poor to pay their court fines. The city will even give payouts to people who were incorrectly sent to jail. Last year, the ACLU of Colorado discovered nearly 800 cases where people had gone to jail in Colorado Springs when they couldn’t pay their tickets for minor violations. Most of the people were homeless — and they were ticketed for things such as panhandling or sleeping in a park overnight. The settlement calls for people to receive $125 for each day they were in jail. One man featured in the story, illegally jailed after being fined for holding up a sign at roadside, will receive some $11,000.

NPR quoted ACLU attorney Mark Silverstein explaining that “… putting people in jail when they can’t pay their fines — without giving them alternative options such as community service — has been ruled unconstitutional by the U.S. Supreme Court” and also cited their previous work on the issue: An NPR investigative series in 2014 found the practice is widespread across the country. “The law is supposed to treat us equally,” Silverstein says. “So when people with means can simply pay a fine and move on and then the poor get sentenced to jail, because they’re poor, that’s a two-tiered system of justice that violates the principle of equal protection of the laws.”

That previous NPR investigation, which is truly alarming, noted that “… one of the first instances NPR found of fees charged to criminal defendants was in 1965 when California required payments to reimburse crime victims. By the 1980s, states started billing criminal defendants to reimburse taxpayers. Michigan, in 1984, passed the first law to charge inmates for some of the costs of their incarceration. By 1990, Texas reported that fees from offenders made up more than half the budget of the state’s probation agencies.” California now can charge people for their jail stays, public defender costs and other fees, as can 48 other states.

Read the Colorado Springs story here:

Colorado Springs Will Stop Jailing People Too Poor To Pay Court Fines

Thousands in St. Louis land in ‘debtor prisons’ for not paying a court fee

The Atlantic magazine has a new report out about “debtor prisons” in the St. Louis area, and it’s nothing short of alarming. The story by Whitney Benne and Blake Strode traces the problem all the way back to the pre-Civil War Dred Scott decision and includes details about how fairly routine municipal tickets – like for “saggy pants” – end up putting people in jail.
 
The report notes that “… as the recent deluge of reports and litigation confirms, and many have long known, thousands of people throughout the St. Louis metropolitan area are routinely sent to jail because they cannot pay local court fines and fees. These people are poor, and they tend to be black. While there are many terms to describe this—including, importantly, unconstitutional, —there is one with historical resonance reserved for such a practice: debtors’ prison.
 
The offer background: “… today, the ‘debts’ that lead to incarceration take the form of monetary penalties established and enforced by municipal courts. For many people throughout the St. Louis region, the nightmare of debtors’ prison is a recurring one: Each time a payment or court date is missed, the court issues another warrant, and the individual is subject to arrest, jail, and additional fines and court fees.
 
It is a case study in how the “gray area” of government activity, in this case charges that are serious enough to land you in jail but not “criminal” in the sense you have a right to an attorney, end up with significant jail time. Prepare your outrage meter and read the entire report: Debtors’ Prison in 21st-Century America.