INMATE SUIT TOSSED

There is an old country song that says “sometimes you’re the windshield, sometimes you’re the bug.” An inmate at the State Correctional Institution at Houtzdale has now learned that he is…. well, not the windshield. 30 year old Shawn Freemor has lost his challenge to a Pennsylvania Department of Corrections policy of taking 25% of the money from his commissary account to pay court costs, fines and restitution. Freemore got a bit upset last year when the DOC took $37.50 from a $150 family contribution to his inmate account. His argument centered around his belief that the state can’t take any money that is given as a gift to an inmate. He claimed that deductions from an inmate account can only be taken from the money earned in prison… citing a state law which he said claimed deductions were limited to only “wages, salaries and commissions” that he received from his prison labor. Freemor also argued that his rights under the Fourth Amendment to the Constitution were violated due to the lack of due process in taking the money. The DOC however, replied saying state law authorizes the department to deduct funds from an inmate’s account for court ordered costs, fines and restitution, and such deductions do not require prior court approval. A Commonwealth Court Judge agreed with the state last week, ruling that “Freemore’s arguments fail at all levels.” Freemore is serving a life term for a 2009 murder committed in Monroe County.