MEMPHIS, Tenn. — Crime and public safety is an issue that’s currently front and center across the country and here in Memphis.
It even became the focal point of the mayoral election.
While everyone wants safer streets, advocates of criminal justice reform say the system is getting it wrong.
The On Your Side Investigators decided to take an in-depth a look at fees associated with the criminal justice system.
WREG learned that offenders continue paying for their punishment years later, and in some cases so does the taxpayer.
In other words, they’ve served their time, but their debt to society is far from being paid off.
“This is not law and order, this is just wrong,” said Representative John Deberry, (D), Memphis.
Rep. Deberry spoke to WREG about concerns he has with fines and fees associated with the criminal justice system, and how non-compliance could even be contributing to recidivism.
He recently served on Governor Bill Haslam’s Task Force on Sentencing and Recidivism.
The task force’s final report noted, 40% of admissions to TDOC prisons are people who have violated the terms of probation or parole, rather than committed new crimes.
These are referred to as “technical violations” which can include many things from failing drug tests, missing court dates and not paying fees.
53-year-old Albert Grandberry and 40-year-old Lakita Dickerson are participants in the Lifeline to Success Program. They spend eight hours each day in class and working. The program helps convicted felons get re-integrated into society and assists with jobs and fee payments.
“It’s like a ball and chain,” said Grandberry who is on parole. He told WREG, “You’re scared if you don’t pay it, you’re back in prison.”
Grandberry told WREG he drove a city, solid waste truck for roughly 20 years before losing his job and going to prison on drug related charges.
40-year-old Lakita Dickerson is a mother and grandmother. By the time she’s off parole in 2022, she will have paid more than $3,000 in parole fees alone.
“I have to pay $45 every month and if it gets behind, or you hadn’t paid it, that can revoke your parole.”
Rep. Deberry says while people may not feel sorry for folks like Dickerson or their circumstances, he said every day citizens are footing the bill.
“The taxpayer’s the one funding this continued revolving door.”
Deberry added, “If they can’t pay the fines, then you put them back in jail, then the process starts all over again, so we have to pay “x” amount of dollars per day to house them, feed, them clothe them.”
Shelby County Criminal Court Clerk Richard DeSaussure’s office collects fees and fines on felonies.
For fiscal year 2015, Criminal Court collected $5.7 million dollars in fines and fees. It sounds like a like, but the outstanding balance on bills dating back to 1995 is $555 million.
Some people have bills as high as $117,000. On one of the highest amounts owed, jail fees alone account for about $96,000.
DeSaussure says most bills won’t be below $600 and the average bill is around $1100. He said despite low payment plans most people don’t pay.
DeSaussure added, “Most of my counterparts across the state are in agreement that fees and court costs are getting somewhat out of hand.”
The On Your Side Investigators requested fee schedules from local courts and the Tennessee Department of Corrections. In the case of Criminal Court, it submitted samples of fees, because a basic fee schedule doesn’t really exist.
The assessment of costs, fines and fees can be complex. It varies by crime.
Examples include:
- Daily jail rate-$38
- Expungement-$450
TDOC Supervision Fees
- Electronic monitoring-$50/month
- Probation-$45/month
There are also various court and administrative fees, along with taxes. We saw one that went toward law library renovations.
Josh Spickler is a former public defender and is Executive Director of Just City, a local group focusing on reform.
Spickler told WREG the cost structure truly punishes the people who can least afford it. He said that begins with not being able to make bail, hire an attorney and later on pay for fees.
He also said he’s reviewed cost bills from the 80s and 90s and they were much lower.
“I don’t disagree that people shouldn’t foot the bill if they commit a crime, we’ve gone well beyond that,” said Spickler.
He explained how the stakes are now even higher for people who don’t pay.
A 2011 law ties non-payment of court costs and fines to driving privileges.
Spickler explained, “It now requires anyone who owes court costs for any criminal case to pay those costs within a year or face suspension of a driver’s license.”
According to statistics obtained from Shelby County General Sessions Court, (per Dept. of Safety) since the law went into effect, 154, 424 people statewide have had their licenses revoked, for non-payment of fines and fees.
Locally, 22,939 of those revocations went through General Sessions.
Criminal court told WREG its sent more than 9,000 orders for revocations since 2013.
30-year-old Nathan Scruggs explained how it happened to him.
“I got pulled over by a police officer. I wasn’t aware my license had been suspended.”
That traffic stop sent Scruggs back to jail for driving on a revoked license.
Scruggs, who suffers from problems with mental illness, had recently been released after serving time for aggravated stalking. He explained to WREG the crime related to a breakdown and incident with the mother of his child.
After getting out and struggling to make payments, he fell behind.
Scruggs, who’d never faced a driving charge before and was a first time offender eventually paid his fine, and got his license back.
However, DeSaussure says that doesn’t always happen.
“They just feel they’re getting slammed.”
So, DeSaussure says the law meant to encourage payments has done the opposite.
“Taking their license does not mean they’re absolutely going to come up here and pay and it certainly doesn’t mean they’re not going to be out there driving on the streets.”
Deberry said he expects the work from the task force to lead to change.
He says he’d like to see Tennessee stop locking up low level offenders and technical violators who could be contributing to their communities.
“Help them get their driver’s license, help them get a job, let them pay taxes,” said Deberry.
Scruggs says he’s doing much better. He’s doing odd jobs and construction work. He visits 201 Poplar every month to make payments in cash on his cost bill.
Thanks to help from a re-entry and rehab program, he’s almost done with the $25 payments on what used to be a nearly $7,000 bill.
“You messed up, you paid your time, but they’re still knocking on your door reminding you.”
Spickler told WREG Just City plans to conduct more research on the issue and push for policy change they believe would be a fair system for all stakeholders. He said this includes the ex-offenders making the payments, the communities/clerks trying to collect the fees, and ultimately the taxpayer.
