The Herald, Sharon, Pa.

Opinion

March 7, 2010

OUR VIEW: Medical costs shouldn't lead to get out of jail free card

As the debate over health care rages in the halls of Congress there was a local incident that brings the issue into perspective.

A few weeks ago Mercer County Common Pleas Judge Christopher St. John was faced with sentencing James G. Hogg. The Jefferson Township man had been charged with burglary and he pleaded guilty to receiving stolen property.

In open court St. John told Hogg he probably deserved a long sentence for stealing from two homes. But it turns out that he has extensive medical problems including stage 2 lyme disease, a bacterial infection that can cause fever, fatigue and other symptoms.

St. John was faced with two ugly choices: have Hogg hauled off to jail which would put the county on the hook for some very expensive medical treatment, or impose and suspend a state prison sentence and place Hogg on 4 years’ probation with fingers crossed in hope that he won’t commit another crime during the period.

Weighing the scales of justice St. John opted for the latter. His reasoning should give everyone pause. If he had sentenced Hogg to serve his time in county jail, the county, in effect, would have been subjected to cruel and unusual punishment in the form of high-cost medical care for a convicted criminal.

This says a lot about our society. Due to a lack of a national health plan we are now sentencing criminals based on the cost of their medical care.

Jails were created to punish criminals, not reward them. But that’s exactly what’s happening to those with severe medical conditions who commit crimes and get caught. Criminals could actually find themselves financially better off behind bars because a county or city would have to fork out the money to pay for their treatment.

Just one prisoner could have a medical condition so dire and expensive to treat that it could force a county into financial ruin.

We are aware that many of the crooks sentenced to prison are probably getting medical care on the public dole anyway through Medicaid or local funding sources. At least with a national health insurance plan the risk is spread out and and those without access to private health plans would have other options.

It would also afford our judges the option to dispense justice without having to conduct a medical cost analysis.

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