OR: Legislature Passes Prison “Pay for Stay” Bill

The Oregon legislature unanimously passed a bill (SB 183) that will require prisoners to pay for their confinement in state prisons. The bill puts full authority for administering the program, and for determining both the cost of incarceration and assessing a prisoner’s ability to pay, in the hands of the Department of Corrections. While the bill has not yet been signed by the Governor, a veto is not expected. The DOC has not said if it plans to implement the new charges selectively or across the board.

The Oregon legislature unanimously passed a bill (SB 183) that will require prisoners to pay for their confinement in state prisons. The bill puts full authority for administering the program, and for determining both the cost of incarceration and assessing a prisoner’s ability to pay, in the hands of the Department of Corrections. While the bill has not yet been signed by the Governor, a veto is not expected. The DOC has not said if it plans to implement the new charges selectively or across the board.

The way the bill reads, a prisoner can be assessed the full cost of incarceration and made to pay these charges out of any assets he/she may have, including any real property. The only asset that apparently cannot be seized is money awarded in a successful lawsuit against the state for injury done to the prisoner. Prisoners can be assessed charges up to three years after their release. The DOC may also collect fees from the estate of a prisoner (but only after other government debts, including taxes and child support, are paid). When the new policy is implemented there will be an appeal process for prisoners who want to contest their ability to pay.

Source: Oregon State Legislature