Associated Press
RENO — A northern Nevada county is moving ahead with what may be a first-in-the-nation plan to charge county jail inmates for food and medical care, despite objections from the American Civil Liberties Union that it’s cruel and unusual punishment and could lead to a court battle.

The Elko County Commission last week approved Sheriff Jim Pitts’ proposal to charge inmates $6 a day for meals, $10 for each doctor visit and $5 for initial booking into the jail, a move he says will save county taxpayers millions of dollars a year.
“Why should the people of Elko County pay for somebody else’s meals in jail?” said Commissioner Grant Gerber, a backer of the plan who thinks the fees should be higher.

Tod Story, executive director of the ACLU Nevada, said that depending on how indigents and others who can’t afford the fees are treated, the county could be in for a legal fight over the edict to prisoners that there is no free lunch.
“I was aghast that anyone was even thinking of doing this,” he told The Associated Press. “It is unconstitutional — cruel and unusual punishment.”

“There is no value in trying to punish them further than the sentence that they are already serving,” Story said.
Pitts said it costs about $85 per day per inmate to cover the costs of food, services, housing and utilities at the facility with a capacity of 120 — a total of about $10,000 daily.

“We’re not the Hilton,” he told the Elko Daily Free Press, which first reported approval of the plan on its website Thursday. “These guys shouldn’t have a free ride.”

Under the new policy, Elko County inmates will be exempt from the fees if they work at the jail or are incarcerated for less than 24 hours. Inmates ultimately found innocent will be reimbursed.

In the coming weeks, the fees will be deducted from an individual inmate’s commissary account, where family and friends can deposit money for the inmate to order items such as candy, shampoo and envelopes.

Those with no money would see their account accrue a negative balance, and that balance would remain in the event the inmate was released but later returned to jail for whatever reason.

“It has nothing to do with them getting out of jail, but if they ever come back with any money, that will be applied to what they owe us,” Pitts said Friday. “All I’m doing is taking my cut first, before they buy their candies. They need to pay for their food first before they get their dessert.”

Pitts said the fees for doctor visits are necessary to help combat an increase in the number of inmates who appear to be faking illnesses.

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