Our Voice: Balanced approach needed for those with court fines in Benton County
If Benton County commissioners have the final word, it appears the county will soon do away with what has been referred to as its “debtors’ prison.”
Under the controversial practice, folks who have unpaid court fines in Benton County District Court can be jailed if the fines aren’t paid. They are then credited $50 a day toward their debt for each day they are incarcerated. Those who owe can also opt for a shift on the sheriff’s department work crew, getting $70 in credit per day for their efforts.
The American Civil Liberties Union has taken issue with that court’s long-standing practice, recently suing Benton County and saying that it is unconstitutional.
Most other counties pursue unpaid fines through collection agencies.
County commissioners say it’s clear the system needs to change. County and city attorneys, District Court judges and county officials have met to try to find a resolution. They are in talks with the ACLU, though the details of those discussions have not been made public.
The ACLU says the Benton County system disproportionally punishes the poor.
We say it’s a matter of perspective.
After being convicted of a crime, fees include fines, restitution and court-appointed attorney costs. For someone down on their luck, those can take time to pay off. Spending some time in jail or on one of the quite productive work crews gives them a way to pay down their debts without writing a check. Many just don’t have the money to pay the fines.
Sending them to a collection agency isn’t the best option either. Damaged credit, harassing phone calls from collection agents and garnished wages can further derail those trying to make a better life, not to mention the fees and time associated with the collection process. District Court collects about $10 million annually in revenue.
The system as it is now has its flaws, namely the cost to taxpayers for incarceration of debtors and the operation of work crews, which require supervision by law enforcement and transportation of the crews.
We can also see the ACLU’s point, but we believe the system can be adjusted to satisfy both compliance with the court’s rulings and associated fines, as well as the rights of those with debts to pay. For some of those who owe debts, work crew and time served may be a better option. They simply could never pay off the fines, and would rather not be the target of collection agencies for years to come.
We hope the county officials’ discussions with the ACLU can produce some common ground, possibly a hybrid system.
This story was originally published October 29, 2015 at 6:41 PM with the headline "Our Voice: Balanced approach needed for those with court fines in Benton County."