A notice of appeal has been filed in the Marion County pay-for-stay case of Nicholas Steven Jackson.
In his original motion for post-trial relief, the 26-year-old Jackson asked the court to declare that the pay-for-stay system was unconstitutional.
Circuit Court Judge John Putman issued a ruling on October 18 in which he denied that request.
The judge did strike down the almost $19,000 pay-for-stay amount charged to Jackson and ordered that it be deleted from Jackson’s sentencing order. In his ruling, Judge Putman found that requirements of the law and the Marion County ordinance based on the law were not met in Jackson’s case.
Jackson’s appeal is directed at the finding that pay for stay is not unconstitutional.
Pay-for-stay is an amount charged to convicted defendants for the time they spend in jail. The daily amount in Marion County is $50.00, even though the daily cost of housing prisoners is estimated at twice that amount.
The process calls for an invoice to be provided by the sheriff to the prosecuting attorney. If a defendant wants to challenge the amount being charged, a circuit judge can hear the defendant’s side as to his or her ability to pay the charge and render a decision as to the amount.
These steps are required to be taken in order to add pay-for-stay charges to a sentencing order. In Jackson’s lawsuit it was alleged that the required steps in assessing pay-for-stay are not taking place in most Arkansas courts, including the Marion County Circuit Court.
Decades of U.S. Supreme Court decisions have established the constitutional right to a judicial inquiry into a defendant’s ability to pay.
The reality is: a comprehensive evaluation into whether the person has the ability to pay fines, fees and costs is not often done in Arkansas courts.
FINE, FEES AND COSTS
At the conclusion of Jackson’s jury trial, almost $26,000 in fines, fees and other cost were assessed. Of that total,$18,250 represented pay-for-stay cost.
There are processes in place to determine the financial ability of a defendant. If those accused of a crime seek the services of a public defender, an affidavit of indigency must be completed to show they meet the economic requirements of the program. The presiding judge goes over the form and determines if a public defender can be appointed to the case.
The same type of process is, for the most part, never used to determine if a defendant is able to pay the fines, fees and cost, although such a review is required. Even though the law says defendants can come before a judge and explain their financial situation, such hearings are rare.
Jackson “was never afforded a hearing on the issue of pay-for-stay amounts as required by Marion County Ordinance 2005-15,” according to the motion for post-trial relief filed by his attorney.
One examination of the pay-for-stay system in this state concluded that many judges “proceed directly to the penalties prescribed by the Arkansas Fines Law” with little or no inquiry into the question of whether the person can afford the fines and fees to be assessed.
The author of one of the studies cited in Jackson’s filing concludes that it is a “direct violation” of the 8th Amendment to the U.S. Constitution to enforce fines across the board for indigent and non-indigent defendants.
The study also pointed out that if defendants are saddled with fines, fees and costs in an amount surpassing their ability to pay, it is likely the person will end up going back to jail on a non-payment charge.
It is estimated that thousands of people have been jailed, often repeatedly and for weeks or even months, simply because they cannot afford to pay court costs, fines and fees.
In addition to putting a person in jail for nonpayment of fines and fees, the person’s driver’s license can be suspended.
A hearing on Jackson’s pre-trial relief motion was held July 31 in Yellville.
The defense has asked the court to allow a new lawyer, Sharon Keil of Little Rock, to enter the case. She will serve as the lead attorney for Jackson during the appeal process.
She served as a deputy public defender in the Mountain Home office at one time.
FOUND GUILTY OF MISDEMEANORS BY JURY
Jackson, who lists an address in Western Grove, was originally charged with kidnapping, aggravated assault, breaking or entering, terroristic threatening, two counts of endangering the welfare of a minor, resisting arrest and criminal trespassing in early October 2020.
The charges stemmed from an altercation involving Jackson and an ex-girlfriend.
The state dismissed some of the charges against Jackson and a jury found him guilty of only three misdemeanors. He was sentenced to 12 months in jail.
PAYMENTS LAG
In a survey done by the Association of Arkansas Counties, it was reported that the payment of fines, fees and other costs in both District and Circuit Courts lags far behind the amount assessed.
Fines assessed in District Courts in 2021 came to almost $178 million dollars and the amount collected was about $84 million.
The fines assessed in Circuit Courts during the same year came to $2.3 million and the amount collected was under a million dollars.
JURY TRIAL LONG TIME COMING
For a number of reasons, including conducting mental evaluations and the COVID-19 pandemic, about three years and seven months elapsed between Jackson’s arrest and his jury trial.
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