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  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default Collecting "Pay to Stay" from Defendants Not Convicted

    My question involves civil rights in the State of:N.A.

    Some states have "programs" where sheriff's departments are collecting money from prisoners,to offset the cost of prisoners staying in prison.

    Question:

    Can such sheriff's departments have such claims "Pay to stay" against people who were arrested,jailed,but never convicted (case dismissed,or acquitted),for their stay in jail,after they have been arrested?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Collecting "Pay to Stay" from Defendants Not Convicted

    Laws vary by state.

    You can check to see what the laws of any given state provide by looking at the state statutes.

    If you find a state that authorizes charges to prisoners who are not convicted, you can check the case law for that state (and federally) to see if there have been any opinions addressing the issue under the language of the given statute.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Collecting "Pay to Stay" from Defendants Not Convicted

    Yes, it depends on state law.

    Pre-trial detainees can not be punished. They can't be requried to work. However, charging a fee to offset the cost of confinement is not considered punishment constitutionally, from the case law I have read, so it is entirely a matter of your state's laws. As you don't identify the state, who knows. So do your own research.

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