A new federal lawsuit alleges Kansas courts are unfairly extending probation sentences for low-income offenders.
The case is challenging a state law that allows judges to prolong punishment for people who can’t pay restitution, which are court-ordered fines that are paid to victims.
The American Civil Liberties Union of Kansas filed the lawsuit Thursday on behalf of four people who were convicted of low-level nonviolent felony crimes in Johnson County, like forgery and theft. The lawsuit alleges all four are currently serving probation sentences that are set to expire at least eight years after their convictions.
While on probation, offenders are subjected to searches and surveillance and they are banned from voting.
ACLU of Kansas Legal Director Monica Bennett told the Kansas News Service that the state law allows the court to punish low-income offenders for much longer than wealthy offenders.
“They don’t have the means to pay off restitution,” Bennett said. “They are treated differently than a person who does have the means to pay off restitution.”
The case names Attorney General Kris Kobach as a representative for the state and Johnson County judges as defendants.
Kobach’s office did not immediately respond to a request for comment.
The lawsuit also alleges that the Johnson County judges extended the time of probation without conducting a hearing to determine whether the offenders could afford to pay restitution.
The ACLU of Kansas argues the practice is unconstitutional and is seeking compensation for the plaintiffs. It also asks the federal court to prohibit probation extensions without a hearing or when an offender is determined to be too poor to pay the fine.
Bennett said the practice can be used statewide and is an example of the justice system unfairly punishing the poor.
“It’s a real issue in the courts in Kansas,” Bennett said, “where there is a different system that’s based upon how much money a person has.”
Dylan Lysen reports on social services and criminal justice for the Kansas News Service. You can email him at dlysen (at) kcur (dot) org.
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