A jury will consider this week whether Ravalli County is violating the rights of impoverished people who have been arrested and are awaiting trial.  The lawsuit filed in August 2021 on behalf of three indigent participants in Ravalli County’s Jail Diversion Program describes it as “a wealth -based discrimination scheme” that requires pretrial arrestees who are not convicted to pay “exorbitant” fees to get out and stay out of jail, without regard to their ability to pay. Ravalli County denies that the program violates any civil rights and argues judges decide pretrial conditions, including monitoring or testing, and that detainees have an opportunity for a court hearing regarding their ability to pay.  U.S. District Court Judge Dana Christensen will preside over the trial, which begins Monday in federal court in Missoula. Nonprofit law firms Equal Justice Under Law, based in Washington, D.C., and Upper Seven Law, based in Helena, represent the plaintiffs. In 2023, the case was granted class-action status for all indigent people placed in Ravalli County’s Jail Diversion Program and charged pretrial fees without having been convicted of the crime for which the program was ordered.  The plaintiffs argue the county violated their procedural due process rights by, among other things, charging pretrial supervision fees without the opportunity to contest them or assessing their ability to pay; requiring fees to be paid before release from detention; reporting non-payment as a violation of bail conditions, leading to detention; and requiring fees up-front, resulting in prolonged detention after individuals had posted bail. “It is unsurprising that, rather than ensuring pre-trial arrestees appear for court, Ravalli County’s Jail Diversion Program functions to push pre-trial arrestees even further into the criminal legal system and entrap them in a cycle of debt-induced poverty,” the lawsuit said. In January 2023, U.S. Magistrate Judge Kathleen DeSoto dismissed claims against two Ravalli County District Court judges, two justices of the peace and Ravalli County Sheriff Stephen Holton, but allowed the claims against Ravalli County to move forward.  The plaintiffs are seeking monetary damages of $5,549, the total in fees paid by the three named plaintiffs. Phil Telfeyan, executive director of Equal Justice Under Law, told Montana Free Press that, unlike other class-action lawsuits that often seek larger monetary awards for all affected people, the plaintiffs in this case are focused on changing the pretrial system in Ravalli County.  “We want a fair system moving forward,” he said.    Ravalli County denies it violated the civil rights of the named plaintiffs or any class members.  Under the program, which started in 2018, the Ravalli County Sheriff’s Office provides court-ordered pretrial services for a fee. If someone says they can’t pay the fees, the county does not provide services, and it notifies the court and the county attorney’s office, according to court documents.  The county argues that once referred to the court, detainees have an opportunity for a hearing on whether they can pay for pretrial services and to obtain court-ordered testing and monitoring through other providers. The sheriff’s office doesn’t put people in jail for not paying the fees, but will report a violation to the county attorney’s office if they don’t take a drug or alcohol test or for removing monitoring equipment, according to court documents. The prosecutor may make a written motion for revocation, and the court may revoke bail and order detention.  In declarations submitted to the court, Ravalli County District Court Judges Howard Recht and Jennifer Lint state that although a revocation order may include failure to pay fees, it is always based on another violation of pretrial conditions, such as failure to appear, alcohol or drug use or another criminal act.   The court regularly works with people who have difficulty making payments to help them adjust their payments during times of financial hardship, according to the affidavit from Ravalli County Justice of the Peace Jennifer Ray.  The sheriff sets the pretrial supervision fees and doesn’t profit from them, according to court documents.  In November, the Ravalli County commissioners approved Sheriff Holton’s request to increase the pretrial supervision fees by 17% in January and another 17% in January 2027 to keep up with increased program costs.  Holton said during the Nov. 13 meeting that without the program, the detention center would be “pushing 80 inmates.” The jail has about 88 beds and held 60 inmates as of Monday morning. It’s unclear how many people are regularly enrolled in the diversion program.  Holton declined to answer MTFP’s questions about the program ahead of the trial, citing concerns about affecting the jury selection.  Telfeyan, with Equal Justice Under Law, told MTFP that the program likely leaves more people in jail because, if someone can’t afford bail, they can’t afford the pretrial supervision fees.  Ravalli County’s system is not common, as many jurisdictions rely on bail, including cash or other conditions set by the judge, to ensure defendants show up to court, Telfeyan said. Other pretrial supervision programs do not typically charge fees, he said.  Conditions, including drug or alcohol testing, are not uncommon for charges like a DUI, but are happening “across the board” in Ravalli County, Telfeyan said.   According to information submitted by the county, District Court judges impose pretrial conditions when appropriate and consider costs. Justices of the Peace do not order all arrestees to obtain pretrial services; they do so in cases involving aggravating circumstances.  While the outcome of the trial is yet to be determined, Ravalli County Sheriff Holton said in his affidavit that if the county is prohibited from collecting pretrial supervision fees, his office would stop providing those services and refer criminal defendants to private service providers.  “There are private companies in Ravalli County and across the state of Montana, which also provide pretrial services,” Holton said. “To the best of my knowledge, all those providers charge for their services.”  The trial is scheduled to conclude Friday.  The post Class-action lawsuit over inmate rights in Ravalli County goes to trial this week  appeared first on Montana Free Press. ...read more read less