Michigan counties ban jail visits for revenue from video call fees, lawsuit says

CBS News Detroit Digital Brief for March 22, 2024

(CBS DETROIT) - Two lawsuits have been filed, accusing two Michigan counties of prohibiting in-person visits at jails so that the counties can make more money.

The lawsuits allege that St. Clair County and Genesee County entered into contracts with technology communications in which they agreed to ban in-person visits for a cut of the company's profit. 

St. Clair County began prohibiting in-person visits on Sept. 22, 2017. This made phone calls, video calls, and electronic messaging the only way for people to talk to their incarcerated friends and family. 

Under the contract, Securus pays the county 50% of the $12.99 fee for each 20-minute video call and 78% of the $.21 per minute for phone calls, according to the lawsuit. These video calls are also allegedly low-quality, making it hard to see and hear the person they are talking to.

"Before in-person visits were prohibited, people detained at the St. Clair County Jail were able to talk with their loved ones face-to-face," according to the lawsuit. "Children and parents could look into each other's eyes. Now, children and parents cannot do any of this for the months or years they are confined there."

In addition, some families can't always afford the fee for a video call, and oftentimes, toddlers and young children don't understand what is going on through a video call or get the same experience through a video call. 

"A.P. would run back and forth, it was so hard for her to pay attention," said Taurean "Tray" Proch, a father who spent nearly eight months at the St. Clair County Jail. "Toddlers don't stay on the phone. C.P. was walking and moving around. He couldn't understand or focus on the video call." 

"It was like playing charades," said Tray, referring to the garbled and mismatched audio on the calls. "With how bad the quality was, it wasn't even worth it," he continued. "It left you disappointed, even more than not having the visit at all."

A 12-year-old, identified as M.M. in the lawsuit, said that she hadn't been able to hug her dad in five months.

"When my dad was arrested, we all worried about him so much," said 12-year-old M.M. "I know he was going through a lot. It was hard not being able to be there for each other. It would be really great if we got to see how he is doing now to know if he is healthy."

The lawsuit was filed against St. Clair County, Sheriff Mat King, Securus, Platinum Equity, Tom Gores, Mark Barnhill and David Abel. Tom Gores, the owner of the Detroit Pistons, is the founder of Platinum Equity. 

In Genesee County, a lawsuit was filed against the county, its sheriff, Christopher Swanson, Global Tel*Link Corporation and Deb Alderson.

The new policy prohibiting in-person jail visits was enacted on Sept. 22, 2014. Officials agreed with Securus Technologies, then switched to using Global Tel*Ink in 2018, allegedly under a deal that would make the county more money. 

The lawsuit says the 2018 contract has been extended through 2027, with "additional revenue-generating services."

Similar to in St. Clair County, the jail charges people to speak with their incarcerated friends and family members. In Genesee County, it is $10 for a 25-minute video call. 

"The contract also gives GTL the right to terminate its video call service if the Sheriff does not produce sufficient cash revenue from the video calls for the Defendants to split between themselves," according to the lawsuit. "In total, the GTL agreement promises the County that it will receive at least $240,000 in incentive payments each year based on its current policies."

The lawsuit claims that banning in-person jail visits violates Michigan law. 

"Defendants cannot, consistent with the Michigan Constitution, conspire to prohibit in-person family contact as part of a scheme to make money," according to the lawsuit. "This scheme violates Michigan law, offends basic principles of human connection and dignity, and imposes profound costs on families. It also harms individual and public safety without serving any compelling government interest. Because Defendants' conduct violates Plaintiffs' fundamental rights, Plaintiffs come to this Court
and seek declaratory, injunctive, and monetary relief."

St.Clair County Complaint by saranpowers14 on Scribd
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