Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

[Disir]

BELTON — Houston Miller hustles to the exit door of the Bell County adult probation department, his blond ponytail flopping halfway down his back.

The 19-year-old must get to his new $8-an-hour shipping clerk job so he can pay $1,800 in fines, fees and court costs. He got busted with a pinch of pot.

“How will you pay that?” I ask when I catch up with him.

“Working Monday through Friday — and maybe overtime,” he answers.

Explaining his rush, he says, “I gotta pay $400 by the end of the month. I was under the impression that if I don’t pay, if you miss a payment, they can send you to jail for it.”

They’re not supposed to. That’s why I’m in Bell County, near the center of Texas.

Bell County was chosen for a study on how adult probation works in Texas. Turns out Bell County is a microcosm not only for Texas but also for the nation. A pay-or-go-to-jail mentality is causing problems, so much so that the U.S. Justice Department sent a rare letter to judges and court administrators across the nation last month urging them to avoid sending people to jail for failure to pay fines and fees, especially when they can’t afford it.

When the fees raise money for government but don’t contribute to public safety, the letter states, “they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.”

Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.
Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

That isn't what probation is for.

 

[shadow355]

BELTON — Houston Miller hustles to the exit door of the Bell County adult probation department, his blond ponytail flopping halfway down his back.

The 19-year-old must get to his new $8-an-hour shipping clerk job so he can pay $1,800 in fines, fees and court costs. He got busted with a pinch of pot.

“How will you pay that?” I ask when I catch up with him.

“Working Monday through Friday — and maybe overtime,” he answers.

Explaining his rush, he says, “I gotta pay $400 by the end of the month. I was under the impression that if I don’t pay, if you miss a payment, they can send you to jail for it.”

They’re not supposed to. That’s why I’m in Bell County, near the center of Texas.

Bell County was chosen for a study on how adult probation works in Texas. Turns out Bell County is a microcosm not only for Texas but also for the nation. A pay-or-go-to-jail mentality is causing problems, so much so that the U.S. Justice Department sent a rare letter to judges and court administrators across the nation last month urging them to avoid sending people to jail for failure to pay fines and fees, especially when they can’t afford it.

When the fees raise money for government but don’t contribute to public safety, the letter states, “they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.”

Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.
Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

That isn't what probation is for.

I got a parking ticket one time. County Seat where I live. I did not put enough, or did not put money in a parking meter.

I came out of the business, and seen the ticket on my windshield.

I went to the Police Department and payed the ticket......it was like three dollars.

The Police Chief at the time, whom has since long gone and lived in the county east of me - took the money and put it in the top drawer of his desk.

I left.

Shadow 355

 

[Disir]

Are you implying he pocketed it?

 

[shadow355]

Are you implying he pocketed it?

It was not normal procedure.

He was later under investigation by Federal Authorities for former weapons of the Department being found as used in crimes out of state.

He fought a search warrant for his place of residence as I understand......and won.

Shadow 355

 

[Disir]

What was normal procedure?

 

[shadow355]

BELTON — Houston Miller hustles to the exit door of the Bell County adult probation department, his blond ponytail flopping halfway down his back.

The 19-year-old must get to his new $8-an-hour shipping clerk job so he can pay $1,800 in fines, fees and court costs. He got busted with a pinch of pot.

“How will you pay that?” I ask when I catch up with him.

“Working Monday through Friday — and maybe overtime,” he answers.

Explaining his rush, he says, “I gotta pay $400 by the end of the month. I was under the impression that if I don’t pay, if you miss a payment, they can send you to jail for it.”

They’re not supposed to. That’s why I’m in Bell County, near the center of Texas.

Bell County was chosen for a study on how adult probation works in Texas. Turns out Bell County is a microcosm not only for Texas but also for the nation. A pay-or-go-to-jail mentality is causing problems, so much so that the U.S. Justice Department sent a rare letter to judges and court administrators across the nation last month urging them to avoid sending people to jail for failure to pay fines and fees, especially when they can’t afford it.

When the fees raise money for government but don’t contribute to public safety, the letter states, “they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.”

Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.
Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

That isn't what probation is for.

I was at Ft.Hood.

They do things they want at Bell County, that's a fact.

Coperas Cove, Texas......at the time I was down there. The Police did not like GIs one bit. They hassled GIs till someone put a stop to it.

High and tight haircut - polo shirt - Levi Jeans and Nike shoes. Kind of like "Stop and Frisk" in Washington DC. But before I left for Korea, someone put a stop to it.

Good times at Belton lake. Good times. Beer - Food - Friends - Rick Ashley on the radio.

Shadow 355

 

[Disir]

Ok. I understand that.

What was proper procedure?

 

[mamooth]

Debtor's prison is back in the USA big time.

Got to have those fines, to finance the police and courts, who are needed to issue more fines. With crime rates down, they have to find reasons to justify a large staff.

 

[Wry Catcher]

BELTON — Houston Miller hustles to the exit door of the Bell County adult probation department, his blond ponytail flopping halfway down his back.

The 19-year-old must get to his new $8-an-hour shipping clerk job so he can pay $1,800 in fines, fees and court costs. He got busted with a pinch of pot.

“How will you pay that?” I ask when I catch up with him.

“Working Monday through Friday — and maybe overtime,” he answers.

Explaining his rush, he says, “I gotta pay $400 by the end of the month. I was under the impression that if I don’t pay, if you miss a payment, they can send you to jail for it.”

They’re not supposed to. That’s why I’m in Bell County, near the center of Texas.

Bell County was chosen for a study on how adult probation works in Texas. Turns out Bell County is a microcosm not only for Texas but also for the nation. A pay-or-go-to-jail mentality is causing problems, so much so that the U.S. Justice Department sent a rare letter to judges and court administrators across the nation last month urging them to avoid sending people to jail for failure to pay fines and fees, especially when they can’t afford it.

When the fees raise money for government but don’t contribute to public safety, the letter states, “they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.”

Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.
Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

That isn't what probation is for.

Texas is special; in CA fines, penalty assessments, court costs and even restitution can be set aside or the terms and conditions of probation can be modified for good cause.

In the example good cause would allow the PO or the Defendant's Attorney (likely Public Defender) to set a hearing to modify the grant of probation. Typically fines and court costs can be 'paid off' by completing volunteer hours within the community (at least in progressive states). Restitution can be modified to a civil judgment ordered when ordered by the trier of fact to the benefit of the victim, thus future earnings and tax refunds can be collected and used to satisfy the judgment.

The AG (attorney general) in CA determined years ago that "debtors prison" is unconstitutional and simply failure to pay a court obligation without compelling evidence that such a violation was intentional contempt did not warrant incarceration. Thinking people, not special people, also understand that it is costly and not productive to jail someone because she or he is poor; and that time could be better spent by working in the community under the supervision of court / probation / sheriff vetted staff, had better outcomes then spending time in jail where too many miscreants resided.

 

[shadow355]

BELTON — Houston Miller hustles to the exit door of the Bell County adult probation department, his blond ponytail flopping halfway down his back.

The 19-year-old must get to his new $8-an-hour shipping clerk job so he can pay $1,800 in fines, fees and court costs. He got busted with a pinch of pot.

“How will you pay that?” I ask when I catch up with him.

“Working Monday through Friday — and maybe overtime,” he answers.

Explaining his rush, he says, “I gotta pay $400 by the end of the month. I was under the impression that if I don’t pay, if you miss a payment, they can send you to jail for it.”

They’re not supposed to. That’s why I’m in Bell County, near the center of Texas.

Bell County was chosen for a study on how adult probation works in Texas. Turns out Bell County is a microcosm not only for Texas but also for the nation. A pay-or-go-to-jail mentality is causing problems, so much so that the U.S. Justice Department sent a rare letter to judges and court administrators across the nation last month urging them to avoid sending people to jail for failure to pay fines and fees, especially when they can’t afford it.

When the fees raise money for government but don’t contribute to public safety, the letter states, “they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.”

Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.
Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

That isn't what probation is for.

1) He should have not had "dope".

2) The criminal justice system all over America is not infallible.

3) If he don't pay he goes to jail. The Court has to spend money to incarcerate him, instead of letting him pay them. The county looses money. I am sure if the money each month is too high for his budget, he can work something out with the court......or his lawyer can. If the court locks him up for the simple reason he did not pay on time......they are stupid. Plus, you can't get blood from a turnip. He wins - court looses as I see it.

4) It is an OK deal the way I see it now - as long as there is checks and balances and a routine state audit.

5) What is the prior criminal activity of the accused .....if any?


Shadow 355

 

[shadow355]

Debtor's prison is back in the USA big time.

Got to have those fines, to finance the police and courts, who are needed to issue more fines. With crime rates down, they have to find reasons to justify a large staff.

Thats what seizures are for in major criminal and drug cases.

You seize any and all profits from illegal activity. Proceeds ( ?? auctioned property ) go to victims funds, pays for the investigation, part goes to Police and Prosecution for future work, and part goes to court.


Shadow 355

 

[shadow355]

Ok. I understand that.

What was proper procedure?

I wont get into it.

Shadow 355

 

[Disir]

BELTON — Houston Miller hustles to the exit door of the Bell County adult probation department, his blond ponytail flopping halfway down his back.

The 19-year-old must get to his new $8-an-hour shipping clerk job so he can pay $1,800 in fines, fees and court costs. He got busted with a pinch of pot.

“How will you pay that?” I ask when I catch up with him.

“Working Monday through Friday — and maybe overtime,” he answers.

Explaining his rush, he says, “I gotta pay $400 by the end of the month. I was under the impression that if I don’t pay, if you miss a payment, they can send you to jail for it.”

They’re not supposed to. That’s why I’m in Bell County, near the center of Texas.

Bell County was chosen for a study on how adult probation works in Texas. Turns out Bell County is a microcosm not only for Texas but also for the nation. A pay-or-go-to-jail mentality is causing problems, so much so that the U.S. Justice Department sent a rare letter to judges and court administrators across the nation last month urging them to avoid sending people to jail for failure to pay fines and fees, especially when they can’t afford it.

When the fees raise money for government but don’t contribute to public safety, the letter states, “they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.”

Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.
Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

That isn't what probation is for.

Texas is special; in CA fines, penalty assessments, court costs and even restitution can be set aside or the terms and conditions of probation can be modified for good cause.

In the example good cause would allow the PO or the Defendant's Attorney (likely Public Defender) to set a hearing to modify the grant of probation. Typically fines and court costs can be 'paid off' by completing volunteer hours within the community (at least in progressive states). Restitution can be modified to a civil judgment ordered when ordered by the trier of fact to the benefit of the victim, thus future earnings and tax refunds can be collected and used to satisfy the judgment.

The AG (attorney general) in CA determined years ago that "debtors prison" is unconstitutional and simply failure to pay a court obligation without compelling evidence that such a violation was intentional contempt did not warrant incarceration. Thinking people, not special people, also understand that it is costly and not productive to jail someone because she or he is poor; and that time could be better spent by working in the community under the supervision of court / probation / sheriff vetted staff, had better outcomes then spending time in jail where too many miscreants resided.

There are right wing states where you pay your probation fees and you pay for drops, and (useless) drug programs. It definitely is not nationwide. There are also states that have privatized probation and they will absolutely operate as collection agencies. Some states it boils down to the county. They kick out a warrant but either refuse to jail them or pick them up until they go in front of a judge and they agree to restart payments.

 

[Disir]

1) He should have not had "dope".

I agree. Too---wtf is a pinch? It's the inability of the author to clearly articulate or attempting to hide information.

2) The criminal justice system all over America is not infallible.

I agree.

3) If he don't pay he goes to jail. The Court has to spend money to incarcerate him, instead of letting him pay them. The county looses money. I am sure if the money each month is too high for his budget, he can work something out with the court......or his lawyer can. If the court locks him up for the simple reason he did not pay on time......they are stupid. Plus, you can't get blood from a turnip. He wins - court looses as I see it.

I agree.

4) It is an OK deal the way I see it now - as long as there is checks and balances and a routine state audit.

I think 3 and 4 contradict each other-unless you can explain further.

5) What is the prior criminal activity of the accused .....if any?

I agree with that on many issues but I am not so sure it is the central issue in the article unless the money is owed from prior convictions. Even so..........that would bring us back to your number 3.

 

[shadow355]

I think 3 and 4 contradict each other-unless you can explain further.

If the state ( County Judicial System ) is doing their job and doing it correctly - one is that "the punishment fits the crime" ; then i see no problem.

To make sure everyone in the court is doing their job and correctly, an audit on a routine basis needs to be conducted by the state - DUE TO the large amount of people whom will be dealt with in the criminal justice system - Defense Lawyer don't meet Prosecutor for lunch and unlawfully, discuss who is going to get what.....in reference to the defendant, at trial." I give you this, you give me that....you owe me from last case" Dont tell me that don't happen also....I have been in public safety too long.


Shadow 355

 

[Disir]

I think 3 and 4 contradict each other-unless you can explain further.

If the state ( County Judicial System ) is doing their job and doing it correctly - one is that "the punishment fits the crime" ; then i see no problem.

To make sure everyone in the court is doing their job and correctly, an audit on a routine basis needs to be conducted by the state - DUE TO the large amount of people whom will be dealt with in the criminal justice system - Defense Lawyer don't meet Prosecutor for lunch and unlawfully, discuss who is going to get what.....in reference to the defendant, at trial." I give you this, you give me that....you owe me from last case" Dont tell me that don't happen also....I have been in public safety too long.


Shadow 355

Currently it is legal for those fines to exist. A state audit would, therefore, find it is a legitimate process.

 

[shadow355]

Currently it is legal for those fines to exist. A state audit would, therefore, find it is a legitimate process.

Listen to me. You are turning my words around.

I suggested earlier about improprieties in the entire county Criminal Justice System. From arrest , to arraignment, to trial or plea, to sentencing.

Fines and all. If someone minute wants to suggest a program to increase funds for the county - and help people whom are arrested ( oh - puhleese) then it needs to be managed and audited by a higher authority instead of those whom can say "We can do what we want, when we want." Small "collars" don't get abused by the Criminal Justice system, and hard criminals don't get a smack on the wrist because they "slipped someone a few bucks".

Small town judicial system - would everything be documented like in a criminal trial? Probably not - so if little ole John Q Public gets screwed over there is no evidence, or record of the event / occurrence......right. No documentation = no evidence of wrong doing, no way to punish those whom are "crooked as a dogs hind leg." No way to correct a wrong.

Small town politics. And improprieties. I'm smarter than you think.

I made a verbal suggestion about a audit ( everything from A-Z ) of the department I work in for a D.O.D contractor. It would be interesting.

Please don't turn my words around and please don't try to get me in a argument. I have enough trouble with FBJ and ZackB and their immaturity.


Shadow 355

 

[Disir]

Currently it is legal for those fines to exist. A state audit would, therefore, find it is a legitimate process.

Listen to me. You are turning my words around.

I suggested earlier about improprieties in the entire county Criminal Justice System. From arrest , to arraignment, to trial or plea, to sentencing.

Fines and all. If someone minute wants to suggest a program to increase funds for the county - and help people whom are arrested ( oh - puhleese) then it needs to be managed and audited by a higher authority instead of those whom can say "We can do what we want, when we want." Small "collars" don't get abused by the Criminal Justice system, and hard criminals don't get a smack on the wrist because they "slipped someone a few bucks".

Small town judicial system - would everything be documented like in a criminal trial? Probably not - so if little ole John Q Public gets screwed over there is no evidence, or record of the event / occurrence......right. No documentation = no evidence of wrong doing, no way to punish those whom are "crooked as a dogs hind leg." No way to correct a wrong.

Small town politics. And improprieties. I'm smarter than you think.

I made a verbal suggestion about a audit of the department I work in for a D.O.D contractor. It would be interesting.

Please don't turn my words around and please don't try to get me in a argument. I have enough trouble with FBJ and ZackB and their immaturity.


Shadow 355

I'm not turning your words around. I'm not questioning your intelligence. I am sticking with the core issue and ignoring all of the extra thrown in. I am not interested in whom you work for pertaining to this specific issue. You bring valuable insight to other issues. This is not a dick swinging contest. Probation is NOT a collection agency. That is not probation's role.

 

[Agit8r]

This is how corrupt state and local governments have become. They no longer expect the transnational corporations that are within their jurisdictions to pay property taxes or any other form of tax for that matter, so they adopt Sheriff-of-Nottingham tactics to close the shortfall.

 

[WildBillKelsoe]

BELTON — Houston Miller hustles to the exit door of the Bell County adult probation department, his blond ponytail flopping halfway down his back.

The 19-year-old must get to his new $8-an-hour shipping clerk job so he can pay $1,800 in fines, fees and court costs. He got busted with a pinch of pot.

“How will you pay that?” I ask when I catch up with him.

“Working Monday through Friday — and maybe overtime,” he answers.

Explaining his rush, he says, “I gotta pay $400 by the end of the month. I was under the impression that if I don’t pay, if you miss a payment, they can send you to jail for it.”

They’re not supposed to. That’s why I’m in Bell County, near the center of Texas.

Bell County was chosen for a study on how adult probation works in Texas. Turns out Bell County is a microcosm not only for Texas but also for the nation. A pay-or-go-to-jail mentality is causing problems, so much so that the U.S. Justice Department sent a rare letter to judges and court administrators across the nation last month urging them to avoid sending people to jail for failure to pay fines and fees, especially when they can’t afford it.

When the fees raise money for government but don’t contribute to public safety, the letter states, “they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.”

Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.
Watchdog: Pay-or-go-to-jail policy makes probation officers bill collectors

That isn't what probation is for.

Anyone that don't like it can return to prison and not pay a dime.