Illinois Sues Prisoner for Cost of Incarceration
Illinois Sues Prisoner for Cost of Incarceration
In February 2013, the state of Illinois sued a prisoner to recover the cost of keeping him locked up for 15 months. The suit was filed after the state learned that the prisoner received an award for the wrongful death of his mother.
Johnny Meltonwas locked up at the Logan Correctional Center in Illinois from October 2011 to January 2013. Prior to his release, he received a large settlement after his mother was wrongfully killed. The money from the settlement was deposited into Melton's prison account.
After Melton's release but before his funds were released to him, the state sued him for almost $20,000 for "reimbursement" of the cost of his incarceration. Along with the lawsuit, the state also sought, and was granted, a prejudgment order of attachment. Melton was provided no hearing prior to the order being granted. The attachment order was quickly served on the Department of Corrections and Melton's prison account was frozen.
Melton filed an appeal, arguing he was entitled under the Fourteenth Amendment to a pre-deprivation hearing.
The appellate court denied Melton's appeal, by first holding that Illinois law explicitly gives the state a right to seek reimbursement from prisoners for the cost of their incarceration. The court then held that a defendant has no procedural due process right to a hearing prior to the entry of an order of attachment.
"Attachment is a pretrial remedy wherein a defendant's property is seized and held until the rights of the parties are determined," wrote the court. A hearing is not required until "an individual is finally deprived of a property interest." Because attachment only holds one's property until a lawful determination is made, no prior hearing is required, the court ruled. See: People ex rel. Dir. of the Dep't of Corr. v. Melton, 2014 IL App (4th) 130700 (Ill. App. Ct. 4th Dist. 2014).
Related legal case
People ex rel. Dir. of the Dep't of Corr. v. Melton
| Year | 2014 |
|---|---|
| Cite | 2014 IL App (4th) 130700 (Ill. App. Ct. 4th Dist. 2014) |
| Level | State Court of Appeals |