A Missoula jury Thursday found Ravalli County did not violate the rights of impoverished people in its pretrial supervision program.  After about two and a half hours of deliberations, jurors ruled in favor of the county following a multi-day trial over a class-action lawsuit filed in August 20 21 on behalf of three indigent participants in Ravalli County’s Jail Diversion Program. The lawsuit argued that the program requires pretrial arrestees who are not convicted to pay “exorbitant” fees to get out of jail and stay out. Ravalli County denied it violated any civil rights. It argued that judges decide pretrial conditions and that detainees have an opportunity for a court hearing regarding their ability to pay. The plaintiffs’ attorney Phil Telfeyan, executive director of Equal Justice Under Law, told Montana Free Press they will likely appeal the decision within the next 28 days.  “We don’t see the verdict as consistent with the evidence,” he said. “All evidence pointed to the county not providing due process.”  Under the program, which started in 2018, the Ravalli County Sheriff’s Office provides court-ordered pretrial services for a fee. As part of setting bail and conditions of release, judges can require defendants to participate in the program. Officers and judges testified that they don’t send people back to jail only for nonpayment of fees. In closing arguments Thursday afternoon, Mitchell Young, an attorney for the Montana Association of Counties, said the plaintiffs’ issue is with the courts and state policy, not with Ravalli County. A judge decides if someone should be on pretrial supervision, and defendants can request a hearing to review conditions, he said. The county tells people what the fees are before they pay, and officers do not always require payment at signup, Young said.  To be deprived of procedural due process, class members must have been deprived of their property, in this case, their money, Young said. He argued the fees were not mandatory, as the sheriff’s office does not force participants to pay. The officers who run the program work with people to create payment plans or find other options to maintain services before removing people from services, Young said.  While the judges may not know the exact fees for pretrial monitoring or testing, they know in general what people will be charged, Young said. At any time, participants can request a hearing to review conditions of release, including pretrial supervision, he said.  “If you don’t like what the courts are doing, address it with the courts,” Young said. “Don’t make the county a surrogate for your complaint.”  Telfeyan said in his closing statement that the program violates his clients’ rights because those ordered to participate in the program learn of the fees upon enrollment and do not have an opportunity to contest them before an impartial decision-maker. Telfeyan acknowledged that participants can request a hearing to review conditions of release, but he argued that does not include the fee amounts.  Regarding plaintiffs’ claims that the sheriff’s office threatens people with jail for not paying fines, Telfeyan said it’s not that the officers are bad people. “It’s not about the people doing their jobs; it’s about the system that gives no independent recourse,” he said.  While the pretrial officers may offer payment plans or some leniency, the full balance is still due, Telfeyan said.  Following the verdict, Telfeyan said the program is now in the sheriff’s hands. In-depth, independent reporting on the stories impacting your community from reporters who know your town. The post Jury finds Ravalli County didn’t violate the rights of poor inmates appeared first on Montana Free Press. ...read more read less