A few days ago, I wrote about how jail inmates in England historically had to pay for their own incarceration. Well here in Illinois in 2011, the Supreme Court is hearing a fascinating case that relates to this.

Kensley Hawkins has accumulated $11,000 over 20 years in prison from jobs that he has had while behnd bars. Now the State of Illinois would like to garnish those earnings to have Mr. Hawkins pay for the costs of his own incarceration. Mr. Hawkins has been making about $2 a day building furniture at Stateville Prison which amounts to about $75 a month.

From the Chicago Tribune:

In March 2005, nearly 23 years after he entered prison, the Corrections Department sued Hawkins in Will County. It demanded more than $455,000 that it has spent to house him from July 1, 1983, to March 17, 2005, or an average of about $57 a day.

Under Illinois law, prisoners are liable for their incarceration costs. Most offenders do not have the means to pay, but the department can begin collection proceedings against those who have sufficient assets. Hawkins’ lawyers said the threshold is $10,000 in assets. The state requires prisoners to file financial statements.

In the last eight years, the department has brought more than 200 suits against current and former inmates, Elman said. The department has tried to seize inheritances and awards from personal-injury cases, said James Chapman, a Chicago lawyer who has represented prisoners in such claims.

Hawkins has been told that he owes $455,203.14 to cover the costs of his imprisonment at Stateville Prison. I love the fact that they haven’t even bothered to round down the amount. We have to make sure to collect those 14 cents too. Mr. Hawkins has taken his case to court to stop the state from garnishing the $11,000 in his bank account.

According to the Tribune, “the issue of whether the state can repossess the meager wages paid to inmates will be determined by the Illinois Supreme Court, which will hold arguments in the Hawkins case Tuesday [last week]. It’s the first time the court will address the issue, which also has social justice and public policy ramifications for Illinois.”

States continue to exhibit a stunning lack of foresight by ensuring that once released prisoners will find themselves right back behind bars. Funds that are earned from prison labor should not be garnished, they should be kept in trust and returned to prisoners as they are released to give them a real shot at so-called re-entry. I just read over the weekend that the Michigan Republican Party has decided that perpetual punishment is needed for those convicted of a drug felony in their state. Apparently the Michigan legislature is considering a bill this Tuesday which would bar people with felony drug convictions from receiving food stamps or basic needs assistance for the rest of their lives. Once again, the brilliant minds of our political officials on full display…