JEFFERSON CITY — Local courts across Missouri no longer will be allowed to put people behind bars for failing to pay previous jail debts.
Gov. Mike Parson on Tuesday signed , a measure that does away with hearings at which defendants must explain to a judge why they should not be locked up for failure to pay jail “board bills.†Those bills charge for the cost of imprisonment and can total thousands of dollars.
In some Missouri courts, if defendants did not show up at those hearings, or failed to make payments on their jail debt, they risked reincarceration — and additional jail bills — even after fulfilling their original sentence.
The practice persisted in some local courts, even after the that board bills could not treated as court costs under state law, “and the failure to pay that debt cannot result in another incarceration.â€
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Parson’s signature means state statute will now align with case law. Starting Aug. 28, jailers will be required to go through a civil-collection process to collect board bills.
“As a former sheriff and law enforcement officer, I understand the challenges facing those working within the criminal justice system, and we have to do a better job,†Parson, a Republican, said in a statement.
The practice of jailing people who didn’t pay their board bills was exposed in a series of columns last year by Post-Dispatch columnist Tony Messenger.
He wrote about Cory Booth, of Breckenridge, Mo., in rural Caldwell County, who stole a lawnmower in high school, pleaded guilty and was given a suspended sentence. He violated his probation three times, and returned to jail for various stints, including a yearlong sentence after a third probation violation.
Eleven years after he was first arrested, Booth was still showing up to court monthly. A judge had threatened additional jail time if he didn’t show up, or didn’t make payments on his debt, which reached as high as $7,325, Messenger reported.
Booth had to explain to Caldwell County Associate Circuit Judge Jason Kanoy every time he couldn’t make a $50 monthly payment.
Some months, Booth said, “It’s groceries or pay the judge.â€
Messenger also wrote about Brooke Bergen, of Salem, Mo., who pleaded guilty to shoplifting after stealing an $8 tube of mascara from Walmart. She got probation, but had to submit to twice-weekly drug tests that cost her $30 a week.
When Bergen did not answer a call from Lisa Blackwell, who was administering the drug tests, Bergen spent a year in jail. When she was released, Bergen was given a $15,900 bill.
Messenger’s writing shook the halls of power in Jefferson City.
In February, the state Supreme Court heard challenges to board bills from two men Messenger had profiled.
In one case, George Richey, of Appleton City, Mo., in St. Clair County, was jailed over a $3,150 board bill stemming from his 90-day stay in the county jail. He originally had been jailed after a misdemeanor conviction of violating a protective order.
Richey received an additional $2,275 bill after serving more time in jail.
In the second case, John Wright, of Higginsville, Mo., was charged $1,360 for his 90-day stay in the Lafayette County Jail. He had pleaded guilty to stealing and resisting arrest, according to court documents.
Wright was ordered to attend monthly status hearings and has not served time for failure to pay.
The Supreme Court ruled unanimously in March that lower courts were wrong to require defendants to return to court every month for hearings.
“The courts should not have required them (Wright and Richey) to repeatedly appear to account for debts the courts could not legally designate as court costs, and, in Richey’s case, the circuit court should not have sent him back to jail for failing to make those payments,†the court said.
The court said that both men were responsible for their original jail bills, but the court waived the additional $2,275 charged to Richey after his second stay in jail.
The changes will likely affect cash flow in many rural counties, which will have to readjust to new collection methods.
“It’ll be a big hit to them,†Matthew Mueller, a public defender who had argued against the practice, said in March. “Assume for example that you have 100 defendants in a particular county who are paying $10 per month toward a $6,000 board bill. Courts can no longer count on that $10 payment from all of those 100 people.â€
Messenger in April won the Pulitzer Prize for commentary for his series of columns.
Meanwhile, state Rep. Bruce DeGroot, R-Chesterfield, proposed House Bill 192 after reading Messenger’s dispatches.
A bipartisan coalition was pushing to get the legislation to Parson’s desk, which effectively puts the Supreme Court’s decision in statute.
The Missouri House in May sent the measure to Parson, a Republican, on a 138-11 vote.
Other new laws
Parson on Tuesday took action on a number of other proposals, as well.
Among them, the governor signed , designed to ensure victims of domestic violence have a safe place to live.
Under the new law, landlords would be prohibited from evicting anyone who is a victim or is in imminent danger of being victimized. It also requires landlords to let domestic violence victims break their leases if they can show proof of being harmed, through a police report.
The measure, which was sponsored by Rep. Jim Neely, R-Cameron, was approved by wide margins in both the Senate and the House.
Parson signed , which adds stealing, forgery, fraud and several other nonviolent offenses to the list of crimes that qualify for expungement.
The measure does not change the law barring violent crimes like sexual assault or domestic violence from being expunged.
The legislation comes three years after lawmakers approved a more sweeping law allowing people to seek expungements for a host of other nonviolent felony and misdemeanor crimes as way to assist people who were having trouble getting jobs or finding housing because of old criminal records.
Kurt Erickson of the Post-Dispatch contributed to this report.
Jailed for being poor is Missouri epidemic: A series of columns from Tony Messenger
Tony Messenger has written about Missouri cases where people were charged for their time in jail or on probation, then owe more money than their fines or court costs.Â
The Pulitzer Prize board considered these columns when it decided to award the prize for commentary to metro columnist Tony Messenger.Â
In a twist of irony, one judge no longer calls them “payment review hearings.†Instead, he’s even more direct. Now they are called “debt colle…
“The jail is emptying out. People that do come in are able to bond out quickly. None of the girls here are being held for financial reasons. T…
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Even with the state’s top court making progress in eradicating the practice of putting people in jail because they can’t afford to be in jail,…
“There are a pile of cases where people owe us money,†the judge told the defendant, a painter, who said he was having a hard time finding wor…
No longer, the court said in one voice, can judges in Missouri threaten indigent defendants with jail time for their inability to be able to a…
Disparate treatment of people charged with crimes offers a glimpse into a fundamental problem in the application of criminal justice in Missou…
Weiss wants the Legislature to make it illegal for counties to charge defendants for their time behind bars.
“How can they cancel a court date then issue a warrant without even telling you the new court date?†Sharp wonders.
His bill would stop the practice in ÁñÁ«ÊÓÆµ of state police agencies avoiding state jurisdiction by seeking asset forfeiture under guise of f…
"He sat in jail because he was poor," public defender Matthew Mueller said of his client.
The two defendants are Exhibits A and B of why Missouri has become the front line in a national war on poverty and the courts.
She knows what she did was wrong. She knows she should have been punished.
“It's been a hard road,†she told me recently. “Really hard.â€
For decades, Missouri’s corrections budget has been rising. So has its prison population, with a “tough on crime†philosophy filling prisons w…
“We’re hamstringing the very people who we want to go out and get a job,†Lummus says. “It’s self-defeating.â€
In his regular appearance on the McGraw Milhaven show on KTRS radio, Metro columnist Tony Messenger discusses his ongoing debtors' prison series.
He did his time. Then he got the bill: $3,150 for his stay behind bars.
A year-end update on some of the cases Tony Messenger wrote about during 2018.
The primary difference between the poor people who have been “terrorized†in Edmundson or Jennings or Ferguson, compared with those in Salem a…
The Court of Appeals in the Western District of Missouri determined that the practice of using the courts to try to collect board bills is ill…
Some counties in Missouri don't charge board bills. Those include the most urban counties in the state: both the city and county of St. Louis,…
I did my time and then some. This is how they get people. They keep them on probation and then if they don't pay their board bill they violate…
By 2009, Rapp was behind in her payments and the court revoked her probation. She did a couple of days in jail and her cash bond of $400 was a…
Every week in Missouri, a judge somewhere holds a crowded docket to collect room and board from people who were recently in jail. The judges c…
“I don’t see why he has to keep going to court every month,†she says. Sharon uses her Social Security income to try to keep him out of jail. …
Because Precious Jones was late to jail, prosecutor and judge seek to add to her sentence.
The Missouri Supreme Court and Missouri Legislature should revisit their 2015 and 2016 efforts to reform courts. More work is necessary.
Other than now being required to meet federal standards for that drug testing, private probation companies face nearly no oversight in Missour…
“I messed up on probation,†he says. “It was my fault.†Still, he doesn’t think it makes sense that he’s still hauled to court once a month wi…
Murr owed Dent County about $4,000 for her “board bill†for the 95 days she had been jailed.
The domestic violence victim, Gaddis says, wouldn’t make a report to police because she feared going to jail herself and losing her child.Â
“They make you jump through hoops,†Bote says, “and then they keep moving the hoops higher.â€
William Everts stole from a church. Almost immediately, he knew it was a bad idea.
Bergen has the sort of back story that would inspire one of the movies or television episodes based in the Ozarks that seem to be all the rage…
Clark ended up spending 495 days in county jail awaiting a trial that still hasn’t come.
Pritchett first called me last year, after I wrote about a St. Francois County woman who was sent to prison for failing to pay court costs. He…
Rob Hopple had been in jail since May after falling behind on payments on an ankle bracelet. Court dates kept coming and going, with the prose…
The bills are that high because the two criminal defendants couldn’t afford to pay for an initial sentence behind bars for relatively minor of…
“The practical reality is that people are being arrested for being poor,†Mueller says. “And there’s nothing they can do about it. They just s…
At least twice in recent years, the Missouri Supreme Court has overturned harsh sentences issued by a judge after she sent people to prison so…
Branson, in early 2018, was in Desloge, Mo., now, living with her 15-year-old son, checking in with her parole officer, hoping never to go bac…
Officially, Victoria Branson’s probation was revoked because she never paid the state the past due support and the court costs, which rang up …