Cost and Hidden Costs of Slavery In KY
- In Kentucky, there are 12 state prisons, 2 private prisons, 5 Federal prisons, and one ICE detention center. Kentucky-operated facilities had a staff of 4,400 employees and a budget of $620,458,700.
- Kentucky incarcerates 40% more people per capita than any other state and any other nation, and pays less for their care than anyone else (under $15,000.00 per year).
- According to research done by the ACLU (2022-06-15 captive labor research report) prisoners are paid $0.48 to $1.58 per day. Inmates on special assignment might receive up to $2.42 per day.
- Inmates who work in UNICOR jobs, which is the industry that employs prisoners in Federal prisons, average $.92 per hour. They are required to use half of those earnings to pay fines such as court costs and child support.
- UPDATE: KY Supreme Court ruled in 2022 that counties cannot charge reimbursement or incarceration fees unless ordered by a sentencing judge.* The ruling does not seem to be well understood however, and some counties are continuing to charge fees, even if the person is not convicted. It is not clear what is allowable for counties to bill and counties across the state may still be interpreting the ruling in different ways. In the past, they could charge and garnish from personal property or canteen accounts, or can contract with private debt collection agencies to collect unpaid jail debt for the following:
- up to $50/day in pay-to-stay fees
- an administrative booking fee
- charges for any medical and dental treatment
- reimbursement for any ‘property damaged or any injury caused while incarcerated’
- the cost of a home incarceration monitoring devise and supervision fees
- people who participate in jail work release programs can be charged up to 25% of their gross daily wages to offset their jail boarding fees.
- Jailers can charge a “bond acceptance fee” of $5/ bail bond.
- KY counties, not counting Fayette and Jefferson, collected at least $53.5 million in revenue from jail boarding fees, $13.7 million in revenue from work release fees, $8.2 million in revenue from home incarceration fees, and more than $8.2 million from jailer’s bond acceptance fees.
- Additional fees and costs include
- Jails in Kentucky charge up to $5.70 for a 15-minute phone call, reaping profits for companies, while prisons charge $2.10 for a 15-minute call. This means that an inmate working a typical prison job has to work 3 days to cover the cost of 15 minutes of phone time, not counting wage garnishment.
- Commissary charges for basic hygiene supplies like soap and shampoo. People in Kentucky prisons with less than $5 in their commissary and media accounts combined receive postage and writing supplies but must pay for basic hygiene products.
- There are fees for transferring money to an incarcerated loved one, but Kentucky prisons and Access Corrections don’t report data on fees to transfer money so details are not known.
- People accused of criminal activity can be further impoverished by civil asset forfeiture, which means law enforcement can seize money, property, and other assets that may be connected to criminal activity.
- Fees for probation or parole in KY can range from $10/month up to $2500/year for each felony, and $10/month or up to $500/year for each misdemeanor.
- Probation and parole companies contracting with the state typically operate with no oversight, so it is unknown how many of these companies are operating in the state, what they charge for ‘services’ or how much they make in profits.
- People can be charged for each conviction depending on the class of the offense
- Class A misdemeanor: $500
- Class B misdemeanor or violation: $250
- Felonies: $1000 to $10000 for one or more felonies
- Administrative fee of $30 if they are convicted on sex offense charges, stalking, or attempting or conspiring to commit those crimes
- May have to pay restitution and non payment will result in revocation of driver’s license, contempt of court, and continued supervision.
- Court fees.
- $100 on all criminal cases in Circuit and District Courts
- KY law says 49% of these funds must be distributed into the general fund which is the primary funding source for core operations
- For example
- 5% of each court cost is allocated to hiring deputy clerks and deputy clerk salaries
- 10.1% to the local sheriff
- 10.8% to the KY Local Correctional Facilities Construction Authority.
- In District Court criminal cases, additional fees are
- $20 intended for police, jails, housing or transporting people in custody
- $10 fee on all misdemeanors for the training, salaries, and equipment of the KY Internet Crimes Against Children Task force
- $5 fee for telephonic behavioral health triage system
- Filing fees, according to each county ($44.8 million collected from 2007-2020 for fiscal court filing fees)
- This list is not exhaustive
- KRS 441.265
- 4Required reimbursement by prisoner of costs of confinement -- Local
policy of fee and expense rates -- Billing and collection methods.
(1) A prisoner in a county jail shall be required by the sentencing court to reimburse the
county for expenses incurred by reason of the prisoner's confinement as set out in
this section, except for good cause shown.
(2) (a) The jailer may adopt, with the approval of the county's governing body, a
prisoner fee and expense reimbursement policy, which may include, but not be
limited to, the following:
1. An administrative processing or booking fee;
2. A per diem for room and board of not more than fifty dollars ($50) per
day or the actual per diem cost, whichever is less, for the entire period of
time the prisoner is confined to the jail;
3. Actual charges for medical and dental treatment; and
4. Reimbursement for county property damaged or any injury caused by the
prisoner while confined to the jail.
(b) Rates charged may be adjusted in accordance with the fee and expense
reimbursement policy based upon the ability of the prisoner confined to the
jail to pay, giving consideration to any legal obligation of the prisoner to
support a spouse, minor children, or other dependents. The prisoner's interest
in any jointly owned property and the income, assets, earnings, or other
property owned by the prisoner's spouse or family shall not be used to
determine a prisoner's ability to pay.
(3) The jailer or his designee may bill and attempt to collect any amount owed which
remains unpaid. The governing body of the county may, upon the advice of the
jailer, contract with one (1) or more public agencies or private vendors to perform
this billing and collection. Within twelve (12) months after the date of the prisoner's
release from confinement, the county attorney, jailer, or the jailer's designee, may
file a civil action to seek reimbursement from that prisoner for any amount owed
which remains unpaid.
(4) Any fees or reimbursement received under this section shall be forwarded to the
county treasurer for placement in the jail's budget.
(5) The governing body of the county may require a prisoner who is confined in the
county jail to pay a reasonable fee, not exceeding actual cost, for any medical
treatment or service received by the prisoner. However, no prisoner confined in the
jail shall be denied any necessary medical care because of inability to pay.
(6) Payment of any required fees may be automatically deducted from the prisoner's
property or canteen account. If the prisoner has no funds in his account, a deduction
may be made creating a negative balance. If funds become available or if the
prisoner reenters the jail at a later date, the fees may be deducted from the prisoner's
property or canteen account.
(7) Prior to the prisoner's release, the jailer or his designee may work with the confined
prisoner to create a reimbursement plan to be implemented upon the prisoner's
release. At the end of the prisoner's incarceration, the prisoner shall be presentedwith a billing statement produced by the jailer or designee. After the prisoner's
release, the jailer or his designee may, after negotiation with the prisoner, release
the prisoner from all or part of the prisoner's repayment obligation if the jailer
believes that the prisoner will be unable to pay the full amount due.
(8) No per diem shall be charged to any prisoner who is required to pay a work release
fee pursuant to KRS 439.179, a prisoner that has been ordered to pay a
reimbursement fee by the court pursuant to KRS 534.045, or that the Department of
Corrections is financially responsible for housing.
(9) No medical reimbursement, except that provided for in KRS 441.045, shall be
charged to any prisoner that the Department of Corrections is financially
responsible for housing.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 537, sec. 1, effective July 14, 2000.
441.265 Required reimbursement by prisoner of costs of confinement --Local policy of fee and expense rates --Billing and collection methods.(1)A prisoner in a county jail shall be required by the sentencing court to reimburse the county for expenses incurred by reason of the prisoner's confinement as set out in this section, except for good cause shown.(2)(a)The jailer may adopt, with the approval of the county's governing body, a prisoner fee and expense reimbursement policy, which may include, but notbe limited to, the following:1.An administrative processing or booking fee;2.A per die1.26ned prisoner to create a reimbursement plan to be implemented upon the prisoner's release. At the end of the prisoner's incarceration, the prisoner shall be presented
- 4Required reimbursement by prisoner of costs of confinement -- Local
https://www.wdrb.com/in-depth/sunday-edition-kentucky-jails-cant-take-fees-from-inmates-without-a-judges-order-some-are/article_51e0fd36-6ff0-11ec-b671-9fe856e57a8f.html
Hidden Costs
- Low wages (Edgeworth Economics article on the Cost-Benefit Analysis of Ending Slavery and Involuntary Servitude as Criminal Punishment and Paying Incarcerated Workers Fair Wages)
- Skew community workforce wages
- Prevent imprisoned people from paying their debts in a timely manner
- Excessively low wages reduce taxes
- Higher rates of chronic illness
- For those imprisoned
- For their families and friends
- High rates of PTSD for prison guards
- High rates of domestic abuse for prison guard families
- Disrupted families
- 32,000 KY children have a parent in prison (this is 13%, as opposed to the national average of 7%)
- Economic disaster
- For communities and counties where Federal prisons are installed
- For the imprisoned and their families
Sources
Harrison, Lowell H. The antislavery movement in Kentucky. University Press of Kentucky, 1978.