Concerns about Michigan Prisoners’ Lost Property Claims

by David Reutter

Fearing many Michigan prisoners’ claims for lost or damaged property may be fraudulent, state officials are looking for ways to end such abuse.

The Michigan Department of Corrections (MDOC) paid $68,000 in 2012-13 to settle 630 small claims brought by prisoners to replace property, a 6% increase from the $64,000 paid in 2011-12.

Claims range from damaged boxer shorts, which resulted in an $8.59 payment, to more expensive payouts for damaged TVs or musical instruments.

Payouts relating to the 13-inch transparent plastic TV sets prisoners purchase for $150 are the most common. From November 2012 to November 2013, MDOC paid $24,010 to settle 194 claims relating to TVs. Because some claims describe only “miscellaneous items,” which may or not include TVs, the numbers are imprecise.

TVs can be damaged by guards during shakedowns, said MDOC spokesman Russ Marlan. Most TV claims relate to lost or damaged sets during the approximate 75,000 prisoner transfers that occur annually.

“It is true that some of these payouts are for truly lost or damaged property; however, it is entirely possible that some of these claims were engineered manipulations by prisoners,” said Marlan.

Lois DeMott, cofounder of Citizens for Prison Reform acknowledged that some claims may be fraudulent, but noted that many legitimate claims are not filed. The reason for that, she said, is the daunting tasks faced by prisoners in following the process and filing paperwork with the State Administrative Board, which handles claims for less than $1,000.

There is a need for greater safeguards by prison officials in handling prisoner property. DeMott said her son was once moved to an observation unit, and his property was left in the corridor. Other prisoners took his belongings.

“It’s costing the state, its costing staff, and it’s costing families and prisoners,” said DeMott. “There needs to be a better check and balance system.

MDOC is looking to cut the TV claims. “It is something we are aware of and have been working with transportation staff and wardens to address,” said Marlan. Suggested steps are for guards to ensure a TV is working properly before a transfer and for it to be checked before the prisoner moves into a cell following transfer.

Source: Detroit Free Press