As the financial burdens placed on those who come into contact with the American criminal justice system draw increasing criticism – and the attention of the Obama administration – we wondered: What do these monetary sanctions look like locally?
While Oregon is not the most expensive state to have a run-in with the law, it can cost you.
In addition to court fines and fees, in Oregon you could find yourself paying for your court-appointed attorney, and even your stay in state prison or jail – depending on which county you get arrested in and your ability to pay.
And if a judge determines you could have afforded to pay your court fees and that your failure to pay was a choice, you can be arrested.
RELATED: How America’s justice system comes down harder on people in poverty
Oregon’s Judicial Department is expected to bring in $284.4 million in court-related fees, fines, forfeitures and surcharges during the 2015-2017 biennium. Of that, $3.7 million are payments made by defendants to help cover the cost of their court-appointed attorneys.
In Oregon state prisons, inmates with an ability to pay are responsible for the cost of their incarceration, which is currently priced at $94.55 per day.
However, most prisoners don’t have a lot of money and therefore aren’t charged. It’s estimated the state will only recoup $127,490 in prison stay costs from inmates for the 2015-17 biennium.
“The only cases we pursue in trying to recover the cost of care are those where the inmate has demonstrable assets,” said Betty Bernt, Oregon Department of Corrections spokesperson. “DOC would not pursue recovery from an inmate that did not have the ability to pay.”
Unlike states such as Florida, where many prisoners are released owing tens of thousands of dollars for the cost of their incarceration, it’s uncommon for Oregon’s inmates to be released from prison owing the state money.
“We do sometimes maintain agreements with inmates that allow for them to pay off some of their cost of care after release,” said Bernt, “but this is rare.”
According to state statute (ORS 179.640), this can happen if DOC finds out about a new source of income that shows a change in the person’s financial circumstances. Then the agency will issue a new ability-to-pay order based on the new information.
This can happen anytime during an inmate’s incarceration or within three years of his or her release.
In Oregon, a lien has been placed on a former inmate’s house only twice in order to collect money to cover the cost of the individual’s incarceration at a state prison, Bernt said.
Court fees, fines and surcharges collected in each county are sent to the Department of Revenue. The money, including public defender fees, does not stay in the county where it was collected.
During the 2013-15 biennium, the Department of Revenue received $67 million in criminal fines from Oregon jurisdictions. As it defines “criminal,” that amount includes parking ticket payments and public transit violation payments, as well as other fines.
That money was distributed to various state agencies, including the Department of Corrections, the Department of Justice, Oregon Health Authority and the Oregon Judicial Department – with the highest amount, $24.5 million, going to the Department of Public Safety Standards and Training.
Multnomah County
“The state, through Oregon Justice Department, determines if someone is eligible for a court-appointed attorney,” explained Lane Borg, executive director at Metropolitan Public Defenders, a nonprofit that supplies court-appointed attorneys to defendants in Multnomah County. “They typically charge a $20 application fee and can charge a contribution up to about $200.”
While most everyone pays the $20 application fee, many factors are taken into account, such as a defendant’s income and number of dependents, when determining if they are eligible for, and how much they should contribute to, a public defender.
“Most attorneys know that the real underserved are the lower middle class,” Borg said. He said those are the people who make too much to qualify for a public defender but cannot afford the $5,000-plus it costs to retain an attorney.
After the application is reviewed and court staff determine whether a person is eligible for a court-appointed attorney, a judge uses his or her discretion based on that information to issue a final decision.
Multnomah County Circuit Court Judge Edward Jones said he doesn’t always agree with the court’s verification staff when they say a defendant should be able to afford the amount it would cost them to hire their own attorney. In those cases, he assigns them a court-appointed attorney anyway.
“Let’s say you’re charged with drunk driving,” Jones said. “They have a number that represents somebody’s idea of a reasonable fee for that case in this jurisdiction. Now frankly, my looking at those numbers – they’re not from 1936, but on the other hand they’re not, in my view, current numbers.”
Judges also determine when to waive or reduce court fees and other fines. They use their discretion in determining whether someone should pay. Jones said some judges are more apt to waive fees than others, but that’s the nature of judicial discretion.
“People’s situations vary dramatically,” Jones said. “If you have two autistic kids at home, your financial situation looks a little different. And there’s no set of guidelines (that) is going to account for all those variations. It really does come down to the judge in the particular situation.”
Defendants can often be sentenced to a fine and fees in addition to their jail or prison time.
Defendants in Multnomah County have 30 days to pay their fines and fees in full before an additional fee, ranging from $50 to $200, is added to the amount they owe.
If they still don’t pay, the balance is referred to the Department of Revenue, which will subtract the amount owed from a defendant’s tax return. After that, if money is still owed, Jones said, another fee is added and it’s referred to a collection agency.
“On the one hand, we have this money collection mission, around fines and fees and restitution,” said Jones. “On the other hand, we have this crime prevention responsibility, and there can be tension between those two missions.
“If I’ve got a guy who’s convicted of a crime and owes some money, a fine or something like that, and let’s say two years in he’s had no new criminal problems, he’s doing well, but he hasn’t paid the money. Now, do I throw his ass in jail? Or not? It’s a very good question, and the answer is: It depends.”
By the numbers
$4.3 million: Amount Oregon defendants paid toward court-appointed attorneys in 2011-13
$67 million: Criminal fines collected in Oregon jurisdictions and paid to the state Department of Revenue in 2013-15
$94.55: Daily cost of incarceration in Oregon state prisons, charged to inmates with means to pay
