Rep. Johnson fighting back against for-profit probation companies

Congressman: Unjust system creates modern day debtors’ prisons for the poor

WASHINGTON, D.C. – Rep. Hank Johnson (GA-04) announced that he is a proud original cosponsor of H.R. 4364 – the “End Debtor’s Prison Act of 2016” – which withholds Edward Byrne Justice Assistance Grants to municipalities that contract with private, for-profit companies that engage in “pay only” probation systems.

In at least 1,000 courts across more than a dozen states – including Georgia and DeKalb County – hundreds of thousands of probationers are ordered into the supervision of for-profit companies. The Supreme Court ruled in Bearden v. Georgia that a person cannot be jailed for an inability to pay a fine imposed by the court. However, for those being “serviced” by these debt collectors, that is exactly what happens. Probationers are bound to pay “supervision” fees imposed by companies while they collect the court’s fines. There are no limits on the amount or length of time for-profit companies can charge these fees.

As a result, relatively small fines resulting from traffic infractions can spiral into months or years of harassment and fees, which yield millions of dollars in probation company profits. In 2012, for-profit probation companies in Georgia collected an estimated $39.3 million in fees alone. When payments can no longer be made, these companies recommend jail.

“This is an egregious distortion of the criminal justice system, and it disproportionately affects the poor and communities of color,” said Johnson. “In fact, it may be unconstitutional.”

Johnson said the legislation is necessary because:

-- Families of probationers have reported coercion and threats of jail time for loved ones if they did not pay fees owed to companies;

-- There are no transparency requirements for total of fees collected or courts contracted with;

-- For-profit probation companies have no incentive to determine an offender’s reasonable ability to pay off their fine.

Other original cosponsors include: Mark Takano (CA), John Conyers, Jr. (MI), Keith Ellison (MN), Raul Grijalva (AZ), Barbara Lee (CA), and Sheila Jackson Lee (TX).

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