Monday, April 21, 2008
Reducing Dallas jail’s “debtor prison” function would save money, reduce overcrowding
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Debtors prisons have been outlawed in the United States in every circumstance but one: When the government is the Creditor.
But the economics of debtors prisons don't work well on a large scale, particularly when operated and paid for by said sole Creditor. The expense of exacting the punishment for non-payment can easily cost more than it would have simply to reduce the debt for those who could not pay.
The City of Dallas is pondering a program to reduce unnecessary incarceration in the county jail for people who can't or don't pay traffic tickets, reports the Dallas Morning News ("Plan to eliminate jail time for fine-only offenses could save Dallas $1 million per year," April 20):
The city of Dallas may open a 24-hour court to immediately process people arrested for many minor infractions, which could eventually save the city about $1 million a year.
Dallas Chief Municipal Court Judge Jay Robinson proposed the changes, likening the current situation to a "debtors' prison," because dozens of people arrested every day for not paying fines on tickets are often left languishing in the county jail overnight or even longer, waiting to see a judge.
He said the process mostly penalizes those with the least ability to pay fines and court costs.
"None of our crimes carry jail time," the municipal court judge said. "They're fine-only offenses. ... Does it make sense to imprison someone for a registration violation? That seems sort of ridiculous."
City officials are estimating that in time the city could save $1 million a year on the more than $6.8 million the city pays the county for the use of its jail facility.
The county jail's population could also fall, because fewer arrested people would be going to the jail, but the impact is likely to be minor. County officials say every little bit helps.
The types of violations the court would process are all from people arrested for Class C misdemeanor tickets – often when cited for three or more violations at the same time.
Others are taken into custody for failing to pay such tickets.
A judge told the paper there are two kinds of defendants who end up in court for traffic fines - those who can't pay, and those who forget to do so. Is there really any public safety benefit from incarcerating either class of defendant at all?
There's certainly little economic benefit. When people jailed for fines finally get to traffic court, "most received "time-served" sentences, meaning they don't have to pay fines and court costs," the paper reports.
The issue in the last several years reached a crisis stage because of massive new fines enacted in 2003, funds which go into the Orwellian named "Driver Responsibility Program." As a result, today an astonishing 10% of Texas drivers have outstanding warrants, and the county jails simply couldn't possibly jail every driver with debts to the state. (Overall, seventy percent of "Driver Responsibility" fines go unpaid statewide.)
Dallas' idea would reduce the procedural burden for processing excessively large fines and court costs from these minor offenses. Instead of supplying a deterrent for poor behavior that we want to reduce, both state and local government have come to rely on fine revenue for significant aspects of their budget.
Public safety goals are harmed when government comes to rely on fines for routine income because law enforcement's goal should be to reduce crime, but if crime goes down it generates a revenue crisis for the state.
I like Dallas' idea, and look forward to seeing more details about how it would work and what happens with fines under the new regimen.

Pegasus News content partner - Grits For Breakfast
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Comments
Scott Doyle Verified
Is there really any public safety benefit from incarcerating either class of defendant at all?
Yes.
With gas over $3 a gallon, methinks the simple fact you're operating a vehicle means you can afford a traffic citation - if you can't, obey the effing laws. People who 'forget' to pay are then only motivated b/c of an arrest warrant. Spending a night in jail would certainly remind you to pay future fines and tell your friends not to let it slide like you did.
Not to mention, these are typically peeps who get at least 3 citations at once? Seems to Doyle that million will quickly be lost since nobody has any reason AT ALL to pay their fines...and I'm interested in hearing whether that was contemplated in this 'saved' estimate.
Public safety goals are harmed when government comes to rely on fines for routine income because law enforcement's goal should be to reduce crime, but if crime goes down it generates a revenue crisis for the state.
Public safety itself will be compromised if people aren't held accountable for moving violations.
3 months ago ( Link to this comment | Suggest removal )
Rick Yost Verified
Just because someone can afford a quarter tank of gas to get back and forth to work, doesn't mean they can afford anything else. Car tags, inspections, insurance, then gas at $3+ (as Scott noted) it's sometimes hard to get everything taken care of at once.
According to 'Doyle', everyone should be held accountable for their actions. I agree to a point- I've been broke, I've been out of work, and I've had to be across town for an interview or something quickly; quickly enough to make a traffic mistake or two. And all the while driving a car with no inspection sticker, or no insurance- hey, 'it happens. It doesn't make me a hardened criminal. Putting me in jail won't help me get to work, to earn the money to pay your wonderful traffic citation.
I guess Mr. Doyle is one of those special people who's never made a mistake. Or maybe he just makes enough money to take care of any transgressions. Not everyone is so lucky, or prosperous- not in the U.S. today.
We don't expect government officials or offices to operate perfectly- yet the poor slob out there, just trying to get along doesn't get a break from Doyle.
(Yeah, this from the downtown homeless grinch)
3 months ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
Doyle's gotten himself plenty of citations over the years. I'm sure I've funded a Collin County banquet by now. People's large margin of error is bad enough; why allow them to actively make conditions worse by disregarding laws enacted to keep us safe?
Once you've used up your defensive driving option and deferred adjudication to keep the tickets off your record (keep in mind multiple offenders are the ones who stand to gain most here), you've got no incentive at all to pay a ticket...much less worry about anymore you rack up. And what are they gonna do, write you another meaningless ticket for driving without a license if you tally up enough points to have it revoked?
Traffic laws are legislated for our safety. Scaling back enforcement of them isn't in our best interest - it'll simply be less costly for the city. Lost revenue from indifferent violators will more than offset these potential savings and create a negative cash-flow, eventually hitting taxpayers. So, not only will the city lose money on the deal and come back on us, we'll have more reckless driving to deal with. Can't wait for them days!
If you want to work on ways to help out poor peeps who couldn't afford the tickets, doing away with enforcement that keeps everyone else in check is not the answer (imo).
3 months ago ( Link to this comment | Suggest removal )
Matt Anderson Verified
Car tags, inspections, insurance, then gas at $3+ (as Scott noted) it's sometimes hard to get everything taken care of at once.
OK -- then stay off the road until everything's taken care of.
I'm sure folks occasionally forget to renew the inspection or the insurance, and so they get cited (if caught). But if they don't pay those fines, and get caught again, then locking them up for a few hours will teach them a good lesson. Or impounding and selling off their cars to satisfy the fines -- which has the added benefit of keeping those who won't follow the rules off the road. I know we already have a problem with overfull impound lots -- we just need to reduce the amount of time that cars are stored before they're sold or scrapped.
3 months ago ( Link to this comment | Suggest removal )
Rick Yost Verified
Matt Anderson -OK -- then stay off the road until everything's taken care of.
This could be a catch 22 in some individual's situations, but I see what you and Scott are saying. And I agree for the most part. I see my share of stupid drivers on the road, drivers who put everyone on the road in danger. Maybe I'd just rather see a distinction between the moving violation, and documentation.
I guess I'm concerned (for some bizarre reason) for the low-end, low-pay, low-rent, and low-optioned folks in America; a demographic that appears to be growing.
Look, maybe I'm just paranoid from too much bad or worrisome economic news lately. Most folks my age might agree, it's harder for even the 'upwardly-mobile, middle-class, super-consumers' to feel the power over their lives they enjoyed ten to fifteen years ago. Keeping up with the Jones is getting more difficult and expensive.
We should be directing our frustrations and newly-found uncertainty about our paychecks, mortgages, children's education, ability to save any money, plan for vacations, or even retirements to the people at the top of the economic food chain- the execs and ceo's of this country.
Although it might make us feel empowered to dump on the little guy who's trying to survive the game, it won't help our own situations at all.
3 months ago ( Link to this comment | Suggest removal )
Rick Yost Verified
I know I tend to get off article topic, I'm sure I should be shot.
Yes I'm generalizing here, but it seems America will go out of its way to crack down on the little guy, while the suit in the board room gets away with murder.
3 months ago ( Link to this comment | Suggest removal )
Gwen DuVal Staff
LET THEM EAT CAKE!!! Debtors prisons would get all of these "unfortunates" off the streets, and leave more space for the Hummers of the world. And let the poor people get another job paying minimum wage when they lose the one they can't get to with out a car. No wait, they could take public transportation, except that doesn't really exist in the majority of the metroplex.
The problem for me is the 10% of ALL Texas drivers have outstanding violations. 70% of fines statewide go unpaid? These numbers seem to prove the system is not exactly working as is.
3 months ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
Gwen, methinks that 70% unpaid rate was solely for this: Driver Responsibility Program. It's our points system that fines you after x-amount of tickets within a 1 or 2 year span, then revokes your license for excessive points.
But if nobody's going to be tossed in jail for not paying multiples of citations, then driving without a license when it gets revoked - why the hell would anybody worry about traffic laws? Absolutely ridiculous idea and I sincerely hope it's quashed immediately after proposal.
For those worried about the 'little guy' - these fines are not designed as a slap on the wrist, they're imposed to make you think twice about doing whatever you did again. There are financing options usually offered, etc. If you're truly concerned that a traffic citation will be the end of someone's financial well-being, surely there are other ways of dealing with that.
I kinda want this to pass just so people will see how foolish of a notion it is when accident rates increase and the city has less revenue than before.
3 months ago ( Link to this comment | Suggest removal )
Scott Miller Verified
I'm with Rick on this one.
It seems to me that tickets have become a primary source of income for cities. That's why you now see constables, DART cops and even game wardens with speed guns. It's only in the last decade or so that I've seen constables doing traffic tickets.
Case in point: there's a school zone on Sylvan as you approach the Trinity river. For the five or so years that I've been driving that route to work I've seen a constable out there with a speed gun about three times a week on average. It's a rare thing that someone actually speeds through there but people get waved over for going a mile or two over the limit all the time.
One thing I've never seen in that particular school zone- not once in five years- is a school kid. Hell, I don't even know where the school itself is.
3 months ago ( Link to this comment | Suggest removal )
Gwen DuVal Staff
Where did that million dollar savings number come from? That's a lot of $150 fines, and I'm guessing that the taxpayer is spending more than $19.99 a night to put these people up overnight.
Where is Tom Bodett when you need him?
And Scott I bow to your more extensive experience with tickets, but I don't remember anyone offering me a payment plan when I got the $150 fine for not wearing my seatbelt! And because at that time I still owned a home in Mo which was my official address, I was not eligible for the defensive driver program, not for out of state drivers. That certainly got my attention, but $75 would do the same thing, and leave me lunch money.
3 months ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
Eh?
Million is their 'savings' estimate for not locking people up. I'm saying if nobody will be reprimanded for not paying tickets, there won't as much money to play with b/c nobody who'd normally pay will cough it up anymore. Tough to save what you don't have.
It's not an issue of whether fines are too high - let's stay on topic here. Re: your MO address ordeal, if you knew a warrant wouldn't be issued had you not paid that citation I doubt you'd have paid. Keeping it off your record would be your only motivation, and once that's out the window you'd have forgotten all about it.
But that's not nearly as much of a concern as blatant disregard for traffic laws b/c nobody's worried about being cited. Public safety > monies. Especially since I don't feel it's likely they'll save much of anything.
3 months ago ( Link to this comment | Suggest removal )
David Charbonneau Verified
Another very important way to save taxpayers money on the overcrowding problem is to make Judge Don Adams adhere to the peoples civil rights and make him have to answer as to why he is allowed to continue to illegally incarcerate the people by denying them their right not only to fill the papers out to prove that they are indigent but he completly denies them the right to ask for a court appointed attorney and even goes to the extent to tell the people that (It is not your priority to worry about feeding your children ...that your number one priority is to get an attorney) This is what he tells the people who have not even been JUDGED YET TO WHETHER THEY ARE GUILTY OR INNOCENT !!!! I will refer you to an article in pegasus news about Judge Don Adams and a young man whose name is Joey Charbonneau (which if you go to http://Google.com and type in Joey Charbonneau it will bring you to the article in http://pegasusnews.com entered there by one Harry Williams of {The Texas Fair Defense Project} out of Austin Texas)who he falsely imprisoned and denied him his constitutional rights along with his civil rights and Due Process Of Law as did the District attorney handling this case when they both (The D.A and Judge Don Adams conspired in that courtroom to fabricate a set of lies to falsly keep him in Jail even after a writ of Habeus Corpus was served to Judge Don Adams demanding the immediate release of Joey Charbonneau's illegal incarceration knowing that they were doing so and were caught in the Process!!!!! This Judge needs to be unseated along with his entire staff who are also instructed by Don Adams to tell the people that there are no such papers to fill out to prove that you are indigent which they continue to do!!!! I will tell you that he writes his on laws in his own handwriting and puts people in jail under his illegal laws!!! I have his hand written proof of what I have just wrote for I am Joey Charbonneaus Father!
3 months ago ( Link to this comment | Suggest removal )
OpusthePoet Anonymous
From the DMN article the city is spending just shy of $50 per day (or any part of the day) per prisoner, and getting $0 revenue per prisoner, with an average of 250 prisoners per day. By my calculations that's $4.5 million down the tubes every year. By having 3X as many judges and courts (3 shifts per day) subtracting salaries and utilities from that shows they plan on spending $3.5 million to save $1 million...
Now as for whether or not that's a good idea, I'm what is legally referred to as a vulnerable road user. I was hit with a truck (yeah, the guy was using the truck as a weapon) a little over 6 years ago and still feeling the effects, many of which are the result of the wreck being hit-and-run and not having access to rehab above the absolute minimum required to get me walking with a cane. I'm sure there was something the driver was doing prior to deciding to hit me with his truck that would have been against the law, and had he gotten a ticket maybe I would have 2 good legs, instead of one good and one along for the ride.
Opus
2 months, 4 weeks ago ( Link to this comment | Suggest removal )
OpusthePoet Anonymous
And i forgot to mention that ticket revenue doesn't go to the cities any more since the state passed anti-speedtrap legislation several years ago (over a decade). Now most ticket revenue goes to the state, after a convoluted formula determines how much the city had to spend to enforce that law. Writing tickets is supposed to be revenue neutral for cities, but in truth tickets are a drain on resources, and most cops won't even bother except for really egregious offenses. If you want to know who to blame for that, just look to Sen. John Corynn, who also legislated red-light camera fees away from cities.
Opus
2 months, 4 weeks ago ( Link to this comment | Suggest removal )
chrisdanger Anonymous
Dallas is way behind the curve on alot of things, be it this or something as minor as a small amount of pot on your person. Lets face it: There isnt any jail space for the "real" bad guys (thieves, rapist, murders, ect..) when you let people take up space for a $50-$500 dollar traffic ticket or possession of less than an ounce of grass. I would suggest instead of jail, give these folks an option for community service, as these programs have been shown to do more good for a city than just incarcerating someone for running a red light and not having the funds to pay it off due to "real life" (i.e. rent, bills,ect..)coming first.
2 months, 4 weeks ago ( Link to this comment | Suggest removal )
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