Since the law went into effect July 20, there has been confusion, with potential visitors wondering whether they would have to pay and why a fee for a background check would go toward building repairs. Some worried that the fee would reduce the number of visitors, essentially eliminating the kinds of family contact with prisoners that could improve the chances for rehabilitation.
Plaintiff Donna Hamm said families are already under budget constraints and must pay for multiple members and travel to sometimes remote prisons to reach inmates.
“So in essence, if this policy results in delaying or diminishing or eliminating prison visitation for anyone, the state is shooting themselves in the foot in terms of rehabilitation,” Hamm said. “That’s a very short-sighted view of public safety policy.”
The Tempe, Ariz.-based Middle Ground Prison Reform filed the lawsuit last month seeking to have the fee declared a tax and any money paid so far returned to visitors.
Arizona Department of Corrections Director Charles Ryan denied allegations that the fee actually is a tax on vulnerable groups and unconstitutional, according to court documents.
Hamm said her group could not find any law similar to Arizona’s in other states. The National Conference of State Legislatures and the Association of State Correctional Administrators do not track that data, the groups said.
It’s too early to tell whether the fee is having an impact on visitation, said Hamm and Barrett Marson, a spokesman for the state Department of Corrections.
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