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Should a state be able to garnish a prisoner's wages to cover his incarceration costs?

By Douglas A. Berman

The question in the title of this post is one that came before the Illinois Supreme Court today, as detailed in this local article headlined "Illinois wants to collect inmate's prison wages." Here are the specifics: The Illinois Supreme Court heard arguments Tuesday in a case that could determine whether inmates who have jobs in prison owe their income to the state to cover the costs of their incarceration. Inmate Kensley Hawkins, 60, has saved about $11,000 during his 21 years in prison by squirreling away the $75 a month he makes as a furniture assembler. Now, the Illinois Department of Corrections wants him to turn over that money to help pay for the cost of housing him. Under state law, the Illinois Department of Corrections can move to recover housing and other costs from inmates who report assets of more than $10,000, said David Simonton, an attorney for Hawkins...continue to full post

Full post as published by Sentencing Law and Policy on March 15, 2011 (boomark / email).