By Greg Gross
The York Dispatch
YORK, Pa. — Inmates at York County Prison could soon again be charged a fee to cover money they owe in restitution, fines and other court costs.
The House Judicial Committee recently voted 26-1 to advance a bill that would require all county and state prisons to dock inmates’ prison-employment wages by 25 percent to the full House for a vote.
The measure, House Bill 1089, would also deduct 75 percent from all deposits made to an inmate’s personal commissary account, funds used to buy items such as snacks, clothing and haircuts.
Only inmates who owe the state or county money would have their wages and accounts docked.
“Every time we can get a slice of that apple, we should,” said Don O’Shell, the York County clerk of courts.
All incoming inmates to York County Prison — even those without outstanding balances — were charged a $25 fee for about six months last year. County officials abandoned efforts in May over concerns about the fee’s legality and the cost of collecting the money.
The bill: State prisons currently collect fees from inmates to pay off restitution but not other fees, said Rep. Kate Klunk, R-Hanover, who sits on the House committee.
Some county prisons also collect fees, but at various rates.
“The bill will now make this uniform throughout the state at our local county prisons. The committee has heard that there has been no consistency from county to county as to collecting restitution,” she said.
Klunk, who voted in favor of the measure, said the bill stipulates that fees be deducted from personal accounts at the time of deposits so inmates can’t draw down the account, leaving little or no funds for restitution and costs.
The 2,261 inmates who were in York County Prison on Monday owed a combined $8.3 million in costs, fines and restitution, according to the Administrative Office of Pennsylvania Courts.
In York: Some county officials raised concerns with collecting fees from personal accounts, because the accounts are typically fed by inmates’ family or friends.
They also said the amount collected was too small compared to what was owed.
“Let’s cut this Mickey Mouse stuff and get to the real problems,” said Steve Chronister, president commissioner.
“Why not go after much more money than the piddlings that families scrape up to send to their loved ones in prison.”
However, O’Shell and Klunk said it’s not always family members who put money into the accounts.
“Anyone can put money into an inmate’s account — family member, friend or even fellow drug dealer who is still on the street,” Klunk said.
In his experience, O’Shell said he knows of numerous instances in which money from an inmate’s bank account — sometimes gained through criminal methods — is deposited into his or her personal account at the prison.
But O’Shell said a high deduction percentage could lead to less money being deposited into personal accounts, leaving less for restitution.
Instead of the 75 percent rate, he said a rate of between 20 percent and 30 percent makes more sense.
“It’s not a lot of money we’re talking about, but it’s about the principle,” O’Shell said. “Let’s keep (victims) in our foremost thought.”
County plan: When the York County Prison board voted to institute the fee in the spring of 2014, officials predicted it would generate about $200,000 per year from the prison’s estimated 8,000 annual inmate admissions.
However, between April and October 2014, when collection was suspended, the county collected only about $42,000 — less than a quarter of the projected annual amount.
“The money just wasn’t really there,” said Commissioner Chris Reilly. “I absolutely support inmates paying restitution, but it has to be feasible and it has to be legal.”
Instead of collecting fees from inmates while they are serving time, Chronister said, restitution and costs should be collected by other methods, such as docking paychecks of inmates after they are released from prison.
“We’ll do whatever the state legislation says to do,” said Doug Hoke, vice president commissioner.