DENVER — ACLU of Colorado and Denver announced a resolution this morning of Mickey Howard’s lawsuit against the City for jailing him for 4 additional days after a court ordered his release on bond because he could not pay Denver’s additional $50 “bond fee.” Denver has made substantial policy changes and agreed to pay a meaningful monetary payment to Mr. Howard for damages and attorneys’ fees.[1]

According to the ACLU lawsuit, when Mr. Howard entered the jail, he had $64, which was enough to pay a $10 bond set by the court, as well as an additional $50 bond fee. At the time of booking, however, Denver took another $30 from Mr. Howard to pay Denver’s inmate “booking fee.” That left Mr. Howard with only $34, which was not enough to secure his release. The ACLU lawsuit identified two Denver policies that caused Mr. Howard’s unlawful detention: (1) requiring defendants to pay a $50 bond fee, in addition to the monetary bond set by the court, in order to gain their release; and (2) taking $30 from defendants at booking even when doing so would make them unable to post bond and/or pay the bond fee.

Shortly after the lawsuit was filed, Denver stopped collecting the $30 booking fee and the $50 bond fee. Although the underlying criminal case against Mr. Howard was dismissed, he was left with over $500 in pretrial services fees for electronic monitoring. On December 1, 2018, Denver eliminated fees charged to individuals who are required to submit to electronic monitoring as a condition of their pretrial release.
 

Statement of ACLU of Colorado Staff Attorney & Senior Policy Counsel Rebecca Wallace
“The ACLU of Colorado commends Denver for its prompt and just resolution of this case. Within days of this case being filed, Denver ended the practices that had caused Mr. Howard’s detention. But Denver went far beyond making policy changes to ensure pretrial defendants were not imprisoned for inability to pay fees. Reflecting a true commitment to both pretrial and economic justice, Denver chose to take the truly momentous step of ending the practice of collecting booking and bond fees altogether. In doing so, Denver is a model across the state and country for smart and fair pretrial reform.

Other sheriffs in Colorado continue to collect these fees from legally innocent people who have only been accused of a crime. Many, like Mr. Howard, will see their case dismissed and most have extremely limited resources. The $30 booking fee, which many sheriffs take from whatever money even the poorest defendants have in their pocket at booking, can result in defendants with low money bonds remaining incarcerated because they are unable to afford their release. This practice has a name—it is called debtors’ prison. It is cruel, unconstitutional and un-American to imprison defendants because they can’t afford to make a monetary payment, but it happens every day in our system of pretrial injustice. It needs to change, and the ACLU will continue to work through the courts and the legislature to change it.

The ACLU also wants to recognize the life-changing advocacy of Elisabeth Epps and the Colorado Freedom Fund. Without their work to get people out of jail and challenge the system that puts and keeps them there, we would not have found Mickey Howard.
 

Statement of Mickey Howard
“I started this case to get justice and make change. Nobody should be stuck behind bars just because they cannot pay. With the ACLU’s help, we have made lasting change, and that makes me proud.”
 

Statement of Denver
“Denver is committed to just, equitable, and meaningful criminal justice reform. Denver’s decision to eliminate its $50 bond fee, $30 booking fee and pretrial electronic monitoring fees are our next steps in common sense criminal justice reform.”
“Denver looks forward to working with our partners at the ACLU to continue to identify areas of potential reform while maintaining a safe community for all of Denver.”
 

more on this case

[1] Mr. Howard has requested that the amount of the monetary payment be kept confidential.

December 19, 2018
Ahead of Joint Budget Committee's Thursday briefing on proposed DOC budget—which includes nearly $40 million for prison expansion—ACLU of Colorado and CCJRC release memo warning of 'significantly overestimated' prison population growth projections

DENVER — As Colorado's corrections budget nears $1 billion, criminal justice reform advocates are urging state lawmakers to explore alternatives to opening another prison in the state.
In a memo released Wednesday, ACLU of Colorado and the Colorado Criminal Justice Reform Coalition warn that state officials' projections for prison population growth are "significantly overestimated" and highlights several steps the state can take to manage its prison population without opening another prison.
The Joint Budget Committee is scheduled to hold a briefing Thursday on Gov. John Hickenlooper's proposed fiscal year 2019-20 budget for the Department of Corrections, which includes nearly $40 million for prison expansion. Specifically, it includes $27.8 million to reopen Colorado State Penitentiary II (CSP II) and an additional $11 million to remodel and repurpose the Denver Reception and Diagnostic Center (DRDC) and CSP II for the purposes of swapping the functions of both prisons.
The request to reopen CSP II stems from DOC's desire to maintain at least a 2 percent vacancy rate to account for potential growth in the state's prison population. As of November, the vacancy rate for male prison beds was 1.2 percent. This equates to a shortfall of only 75 prison beds, according to the ACLU-CCJRC memo, which notes it would take just a small decline in the prison population to cover. The memo also points out there are currently unused beds in community corrections that have been funded to help people transition after release from prison, which could be utilized to achieve the desired 2 percent vacancy rate.
"Instead of reopening a prison and supporting a $1 billion DOC budget that results in a 50-percent recidivism rate, the state should take proactive steps to reduce its prison population," said ACLU of Colorado Public Policy Director Denise Maes. "It is critical that all Coloradans demand prosecutorial reform and that their legislators advance sentencing reform. Otherwise, Coloradans will be paying the tab for new prisons for generations to come."
Legislators rejected the reopening of CSP II three times during the 2018 session, opting instead to pass legislation aimed at improving the state's parole and community corrections systems, as well as its management of the prison population. As the ACLU-CCJRC memo notes, these measures are in early stages of implementation and have yet to achieve their maximum potential.
ACLU of Colorado and CCJRC say efforts to reopen CSP II are being driven largely by a prison population projection that is "significantly overestimated." The projection, which was conducted by the Colorado Division of Criminal Justice (DCJ), estimated the state's population would grow by approximately 1,000 inmates in FY18-19. However, these projections have not turned out to be reliable, and the prison population has actually declined by an average of 13 people per month since the beginning of the fiscal year.
"Opening another prison is neither fiscally prudent nor necessary to address prison capacity in Colorado," said CCJRC Executive Director Christie Donner. "There are several ways the state could safely reduce the prison population without breaking the bank. We sincerely hope lawmakers will take a good, long look at all the options before throwing tens of millions of dollars at a solution in search of a problem."
The memo includes a list of actions the General Assembly and criminal justice agencies can take to safely reduce the prison population, including adjustments to the parole system, full implementation of previously approved legislation, and reducing the crime classification for simple drug possession from a felony to a misdemeanor.
RESOURCES:

Read the full ACLU-CCJRC memo at: https://www.ccjrc.org/wp-content/uploads/2018/12/12-19-18-CCJRC-ACLU-memo-in-opposition-to-prison-expansion-final.pdf