JEFFERSON CITY • While Shanda Ganaway’s attorney was standing before Cole County Circuit Court Judge Patricia Joyce trying to erase a $3,300 bill for time spent in jail, Ganaway was 142 miles away in Monticello, Mo.
There, she had a hearing before Lewis County Circuit Court Judge Russell Steele.
Both hearings on Thursday morning were about the same thing.
Money.
In 2014, Ganaway pleaded guilty to felony drug distribution near a school. The 38-year-old from Canton, Mo., had a drug problem. She has since sought treatment. Steele sentenced Ganaway to 10 years in prison but suspended the sentence. She was placed on five years’ probation.
In 2015 she was arrested and her probation was revoked. After spending 187 days in the Lewis County Jail, she was sent to prison for 120 days.
People are also reading…
In Missouri, if you are convicted of a felony, the county can bill the state Department of Corrections for the time you spent in jail before trial.
The provision of law has long been controversial for a couple of reasons. First, the payment from the state to the counties is subject to appropriation, and the Missouri Legislature never appropriates enough money for the full statutory limit of payment. Right now, the state reimburses counties $22 per day for stays in the county jail on felony cases, and in many cases the state is behind on its payments. Most counties charge more than that, sometimes twice as much.
Second, as former Supreme Court Justice Mike Wolff wrote in a 2010 opinion in a case on court costs, the constant push and pull between counties and the state over funding for the criminal justice system has serious consequences.
“We should acknowledge,†Wolff wrote in the case, which involved a Barton County dispute over who should pay for prosecutors’ pensions, “that the state’s interest in its criminal justice system exceeds its willingness to pay the costs.â€
He cited the “board bill†statute as an example: “The incentive, of course, is for local prosecutors to urge judges to send offenders to state prisons at a far greater cost than the cost of punishing those who otherwise could be punished through greater use of county jail facilities. This shows that sometimes not paying for something ends up costing more.â€
In the case of Ganaway, the question is who will pay for her stay in the county jail.
Matthew Mueller says it should be the state.
Mueller is the senior bond litigation counsel for the Missouri State Public Defender’s Office. For the past year or so, in several rural counties over the practice of charging indigent defendants “board bills†for their stays in jail, and then forcing them to appear month after month before the judge to make a payment or explain why they can’t.
In Ganaway’s case, because she was convicted of a felony, Lewis County already billed the costs to the state. As is required in state statute, the judge, prosecutor and circuit clerk all signed a declaration that Ganaway was insolvent and couldn’t afford to pay the bill. That is necessary before a county can bill the state.
As Mueller explained to Judge Joyce on Thursday, Lewis County billed the Department of Corrections, which then paid $22 a day on the 187 days Ganaway was in the county jail.
But when Ganaway was released from prison after serving 120 days, more insolvent than ever, she, too, got a bill from Lewis County. Because the state’s reimbursement didn’t cover the county’s full bill, the county wanted her to pay it, or she’d be subject to another probation violation.
So Ganaway started paying. She lives with her sons, ages 12 and 19. Her only source of income is from Social Security payments. She’s paid about $700 of the jail bill so far.
Mueller wants Joyce to order that she should get that money back.
“Because the costs were taxed to the state, Ms. Ganaway shouldn’t be responsible for it in any way,†Mueller argued. The court’s own action, he said, has “absolved her from any liability.â€
Then he explained to Joyce why Ganaway wasn’t there.
Steele is one of many rural judges in the state to hold monthly “payment review hearings.†If Ganaway didn’t show up to his court Thursday morning, a warrant could have been issued for her arrest.
This process seemed to catch Joyce, the presiding judge in Cole County, by surprise.
“She shows up every month?†she asked.
Yes, Mueller responded. “This is happening all over the state, your honor.â€
Arguing on behalf of the Department of Corrections, assistant attorney general Andrew Crane suggested Mueller’s dispute wasn’t with the state but with Lewis County.
In the end, Joyce will decide.
One way or another, the case could have far-reaching effects on people, who, like Ganaway, end up tethered to a court system being used by both the county and the state as a collection agency for an underfunded justice system.
“I think it’s wrong,†Ganaway says. She called me after her hearing in front of Steele. She is scheduled for another payment review hearing in March. “I did my time and then some. This is how they get people. They keep them on probation, and then if they don’t pay their board bill, they violate the probation. It’s an ongoing story.â€
Jailed for being poor is Missouri epidemic: A series of columns from Tony Messenger
Tony Messenger has written about Missouri cases where people were charged for their time in jail or on probation, then owe more money than their fines or court costs.Â
The Pulitzer Prize board considered these columns when it decided to award the prize for commentary to metro columnist Tony Messenger.Â
In a twist of irony, one judge no longer calls them “payment review hearings.†Instead, he’s even more direct. Now they are called “debt colle…
“The jail is emptying out. People that do come in are able to bond out quickly. None of the girls here are being held for financial reasons. T…
In a case of civil contempt — such as when a judge jails a reporter for not revealing a source, or an attorney for failing to follow an order …
Even with the state’s top court making progress in eradicating the practice of putting people in jail because they can’t afford to be in jail,…
“There are a pile of cases where people owe us money,†the judge told the defendant, a painter, who said he was having a hard time finding wor…
No longer, the court said in one voice, can judges in Missouri threaten indigent defendants with jail time for their inability to be able to a…
Disparate treatment of people charged with crimes offers a glimpse into a fundamental problem in the application of criminal justice in Missou…
Weiss wants the Legislature to make it illegal for counties to charge defendants for their time behind bars.
“How can they cancel a court date then issue a warrant without even telling you the new court date?†Sharp wonders.
His bill would stop the practice in ÁñÁ«ÊÓƵ of state police agencies avoiding state jurisdiction by seeking asset forfeiture under guise of f…
"He sat in jail because he was poor," public defender Matthew Mueller said of his client.
The two defendants are Exhibits A and B of why Missouri has become the front line in a national war on poverty and the courts.
She knows what she did was wrong. She knows she should have been punished.
“It's been a hard road,†she told me recently. “Really hard.â€
For decades, Missouri’s corrections budget has been rising. So has its prison population, with a “tough on crime†philosophy filling prisons w…
“We’re hamstringing the very people who we want to go out and get a job,†Lummus says. “It’s self-defeating.â€
In his regular appearance on the McGraw Milhaven show on KTRS radio, Metro columnist Tony Messenger discusses his ongoing debtors' prison series.
He did his time. Then he got the bill: $3,150 for his stay behind bars.
A year-end update on some of the cases Tony Messenger wrote about during 2018.
The primary difference between the poor people who have been “terrorized†in Edmundson or Jennings or Ferguson, compared with those in Salem a…
The Court of Appeals in the Western District of Missouri determined that the practice of using the courts to try to collect board bills is ill…
Some counties in Missouri don't charge board bills. Those include the most urban counties in the state: both the city and county of St. Louis,…
I did my time and then some. This is how they get people. They keep them on probation and then if they don't pay their board bill they violate…
By 2009, Rapp was behind in her payments and the court revoked her probation. She did a couple of days in jail and her cash bond of $400 was a…
Every week in Missouri, a judge somewhere holds a crowded docket to collect room and board from people who were recently in jail. The judges c…
“I don’t see why he has to keep going to court every month,†she says. Sharon uses her Social Security income to try to keep him out of jail. …
Because Precious Jones was late to jail, prosecutor and judge seek to add to her sentence.
The Missouri Supreme Court and Missouri Legislature should revisit their 2015 and 2016 efforts to reform courts. More work is necessary.
Other than now being required to meet federal standards for that drug testing, private probation companies face nearly no oversight in Missour…
“I messed up on probation,†he says. “It was my fault.†Still, he doesn’t think it makes sense that he’s still hauled to court once a month wi…
Murr owed Dent County about $4,000 for her “board bill†for the 95 days she had been jailed.
The domestic violence victim, Gaddis says, wouldn’t make a report to police because she feared going to jail herself and losing her child.Â
“They make you jump through hoops,†Bote says, “and then they keep moving the hoops higher.â€
William Everts stole from a church. Almost immediately, he knew it was a bad idea.
Bergen has the sort of back story that would inspire one of the movies or television episodes based in the Ozarks that seem to be all the rage…
Clark ended up spending 495 days in county jail awaiting a trial that still hasn’t come.
Pritchett first called me last year, after I wrote about a St. Francois County woman who was sent to prison for failing to pay court costs. He…
Rob Hopple had been in jail since May after falling behind on payments on an ankle bracelet. Court dates kept coming and going, with the prose…
The bills are that high because the two criminal defendants couldn’t afford to pay for an initial sentence behind bars for relatively minor of…
“The practical reality is that people are being arrested for being poor,†Mueller says. “And there’s nothing they can do about it. They just s…
At least twice in recent years, the Missouri Supreme Court has overturned harsh sentences issued by a judge after she sent people to prison so…
Branson, in early 2018, was in Desloge, Mo., now, living with her 15-year-old son, checking in with her parole officer, hoping never to go bac…
Officially, Victoria Branson’s probation was revoked because she never paid the state the past due support and the court costs, which rang up …