A bill banning the state from filing lawsuits against inmates in certain circumstances was passed by the Illinois Senate. The bill, authored by Sen. Daniel Biss (D-Evanston), sailed through the Senate floor, 32-19, and now goes to the House for consideration.
"This is a dangerous practice that can make it almost impossible for people who have paid their debt to society be able to get back on their feet, find housing and seek employment," Biss said, according to Evanston Now.
If it becomes law, Senate Bill 2465 would prohibit the Illinois Department of Corrections from suing former and present inmates to recoup cost of room and board during their incarceration.
Illinois has had a law since 1982 allowing the state to sue inmates but it was rarely used until recently. According to a study by the Chicago Tribune, in 2012 and 2013, two such case were filed each year but in 2015 it increased significantly to 15.
The state has the discretion to choose which inmate to sue. These are generally poor individuals yet in some cases the state sued inmates who received modest enheritances or settlements from lawsuits involving other private cases or those arising from their arrest or conviction and stay in prison.
The case of Johnny Melton is a microcosm of what the bill aims to address. The Chicago Tribune reported that Melton received $31,690 to settle a lawsuit for the death of his mother. But before he was released from a drug conviction the Illinois Department of Corrections sued Melton and won about $20,000 to cover the cost of his incarceration.
When he was paroled he turned to a homeless shelter before he was taken in by a cousin. He relied on food stamps and when he died he was penniless that his family scraped the bottom of their purse to have him cremated.
"While it's appropriate to assign financial penalties along with sentencing for certain types of crimes, the question is whether we want to rely on ad hoc lawsuits as a way to pay for the cost of prisons," The Daily Northwstern quoted Biss as saying in a release. "It's not consistent with how government should work, nor is it in keeping with the principles of criminal justice and the idea of second chances."
Under the present law the state has recovered about $500,000 since 2010 but most of it came from only two inmates. Biss said it is not worth the state's investments in these expensive recovery suits especially when you factor in the cost of recevidism and reliance on tax payer funded programs such as food stamps and housing assistance.
Rep. Kelly Cassidy introduced a companion bill in the Illinois House of Representatives addressing the issue in February and is now being reviewed by the Rules Committee. He is the House's chief sponsor for Biss' bill.
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