COST OF INCARCERATION: PRI$ONERS PAY

TESTIMONY OF DODIE O. DITOMASSO

Good Morning. I appreciate the opportunity to testify this morning in
support of putting forth legislation for Prisoners and what they should
ultimately have to pay for their incarceration. Dont Prisoners have to pay
enough by serving time? Dont Prisoners pay their debt to society while
behind bars? Nonetheless, here in Illinois, that isnt that only cost Prisoners
face. Prisoners can also be sued for the cost of their incarceration. More
specifically, any judgment or settlement Prisoners receive for their rights
being violated may be taken away from them to cover the cost of their
incarceration. I am here today to support legislation that can create a
balance between what monetary awards Prisoners should justly receive and
keep, and what rights law-abiding citizens should be guaranteed, specifically
in keeping certain taxes lower.
As a future Lawyer, I represent various groups of individuals, but most
importantly, I represent individuals who suffer from rights violations. As a
law clerk, I have worked for the Cook County States Attorneys Office in the
Torts & Civil Rights Division. There, I have gained valuable experience in this
specific area. I have worked on numerous cases dealing with Prisoners
rights being violated, and have seen many judgments, settlements, and
awards taken away from Prisoners. In sum, Prisoners in Illinois are entitled to
keep $15,000 free and clear of any judgment or settlement received, but the
remaining award may be taken away from them by the State of Illinois suing
for the cost of their incarceration.

Evidently, there are two clear and well-pointed arguments surrounding

this current Common Law statute. One, is that by denying Prisoners their
entire judgment awards, Prisoners, who are statistically in an impoverished
demographic to begin with, will leave prison (still broke) and thus add to a
continuing cycle that more likely than not puts them right back behind bars.
The second argument is that Prisoners have violated the laws society
has set forth, and therefore should be responsible for the cost of
incarceration rather than placing the burden and costs upon the shoulders of
law-abiding citizens.
At the outset, I suggest the key to long-term systemic change in our
system will be to compromise. That is, create a solution that benefits
Prisoners in a long-term attempt to end or diminish this cyclical cycle, while
also relieving law-abiding citizens of more, and higher, taxes.
To create such a compromise, I propose implementing a special tax
that applies solely to the settlements and judgments awarded to Prisoners in
1983 cases. This special tax would be incorporated as a Common Law
statute replacing the current Common Law statute that allows Prisoners to
keep $15,000 of any judgment or settlement, where the State may sue for
the remaining award. Instead, this special tax would begin on the date the
judgement is awarded, and would continue until the date the Prisoner is
released. The money collected from this special tax would apply solely
and exclusively to incarceration costs.

This legislation would be specifically designed to address one

underlying main issue: the growing number of Prisoners. Current statistics
on Prisoners and prison occupancy show the numbers continuing to increase
at a rapid rate. Thereby, incarceration costs will ultimately mirror this
increase as well. By changing the current legislation with my proposal, longterm effects would likely include a reduction in tax dollars.
The bottom line is that we must address the incarceration problem in
Illinois. My proposal is one of many that could effectuate positive change in
our current system. I recommend that my proposal is considered, and in
doing so, that authorities on taxation consider the legitimacy and benefits
that such a special tax could impose. I hope that together we can find a
solution that will benefit our community as a whole.
Thank you for your time and attention.