FOR IMMEDIATE RELEASE February 29, 2008
OLYMPIA- The Department of Corrections has agreed to settle a class-action lawsuit brought by offenders who either paid for the shipment of excess personal property or had excess personal property donated or destroyed when transferring between institutions.
Thurston County Superior Court today preliminarily approved the $1,262,500 settlement that covers shipping costs and property losses incurred by offenders between November 1998 and January 2005.
In 1995, DOC established a policy limiting offenders to shipping two boxes of possessions at public expense when they transferred from one prison to another or to another jurisdiction. Offenders and their families had the option of paying for the shipment of additional boxes. If an inmate failed to ship his or her possessions the items were either donated or discarded.
The policy was upheld at the trial and appellate levels. However, in 2005 the State Supreme Court ruled that existing law required DOC to pay for the shipment of all offender possessions. The Legislature subsequently passed a new law allowing the department to determine the types and amounts of inmate material that will be shipped at taxpayer’s expense.
“We believed in 1995 and we believe today that it is a prudent use of public resources to limit the shipment of inmate property to two boxes,” said DOC Secretary Eldon Vail. “We have decided to settle this case to save taxpayers the expense of further litigation.”
An estimated 20,000 to 30,000 past and current DOC inmates may be eligible for reimbursement of shipping costs and lost property. Inmates who lost property could be paid up to $75. Payments will vary for those who shipped their own property. The Department will make notices and claim forms available in law libraries at each facility and on the DOC internet page. A third party administrator will mail notification to people who may be eligible.
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