Nassau County, New York, must think its jail is awfully darn special.  So special that it can charge for the privilege of spending some quality time there.  Fortunately, Supreme Court Justice Dana Winslow has decided that no matter how special the jail is, Nassau County can’t charge its inmates for the privilege.

According to the New York Law Journal, Justice Winslow has ordered the County to comply with the State Commission of Corrections and stop charging its inmates in New York State Commission of Correction v. Reilly.

The county conceded that it could not charge for food or medical and dental care under two other sections of the law. But it claimed that its fee covered 22.9 percent of the actual costs of housing each of the jail’s 1,600 inmates, excluding food and medical costs.

Does that mean the minibar is free? 

The contested section of the [Corrections] law, §500-n, provides that “Except as otherwise provided by law, a sheriff or other person in charge of a correctional facility . . . shall not charge a prisoner or other person in custody with any sum of money, or demand or receive from him money . . . or any valuable thing for any drink, food or other thing furnished or provided for such prisoner or person at any correctional facility.”

The County argued that their fees fell under the “except as otherwise provided by law” provision, and that the state statute was intended to prevent extortion by jail guards.  Of course, since jail guards inclined toward extortion generally are not otherwise persuaded to go legit by a non-criminal statute, this argument was unconvincing. 

The judge held that the County could not decide to impose it’s own fees and ignore State law at its leisure.  Only the state could pass a law that would fall within the exception, and the County, as directed by the Commission of Correction, had to stop charging its customers inmates.

What’s fascinating about this decision is how it juxtaposes the dual problems facing local jurisdictions, the trade off between the tough-on-crime stance taken by everyone running for public office, but the need to reduce taxes that pay for the tough-on-crime stance.  Nassau’s answer was to charge ’em for the pleasure, though my understanding is that the maid service is mediocre and none of the cells have a decent view.

Seriously, this is one of those initiatives that give real meaning to the phrase “adding insult to injury.”  There is no one in Nassau County jail of their own volition.  They aren’t there for a vacation.  You want to put them there, you pay for it. 

The thought that keeps popping into my head is, if the inmates refuse to pay, do they throw them out?  

If the county wants to cut its jail costs, how about asking the District Attorney to have her ADAs stop demanding $100,000 bail on first offender DWIs?  How about ending the “zero tolerance” policies toward everything short contributing to the County Executive’s political campaign?  I bet that Nassau County is feeling pretty darn foolish about putting that  Red Roof on the jail right about now.