More than 50 municipalities have decided to sever ties with a private probation company due to allegations of extortion from the Southern Poverty Law Center, but Selma is one of several dozen that have yet to cancel their contract.

After filing a lawsuit against Judicial Correction Services and the city of Clanton earlier this year, the SPLC issued letters to nearly 100 other cities and towns asking them to cancel their contracts.

“Right now we’re in a holding pattern with Selma, and Selma isn’t alone. There are about 30 or 40 maybe 50 other towns that still have open JCS contracts as far as we know that we haven’t heard back from,” said Sam Brooke, deputy legal director for the SPLC.

“Our position on those locations is the same for all of them and certainly specifically Selma. We hope that they will do the same thing that these other towns and municipalities have been doing, cutting ties with these private probation companies and doing this through another way … making sure that their community members aren’t being held hostage by these companies.”

Clanton ended its contract with JCS in June, and last week the SPLC announced that many more have followed suit, avoiding potential litigation from the nonprofit civil rights organization.

Under a contract first awarded in 2009, the city of Clanton put JCS, which offers its services for free, in charge of collecting payments from people who appear in municipal court but cannot afford to pay their fines. People unable to pay immediately were placed on “pay-only probation,” meaning the sole purpose of probation was the collection of fines, fees and related court costs.

After paying a $10 “setup” fee, they typically had to pay $140 per month. Those who couldn’t bring the entire amount in one visit would be required to visit the JCS offices more frequently – sometimes multiple times per week. Out of the monthly payment, $40 went to JCS for its profits. When people fell behind on their payments, JCS continued to collect its own fees, effectively extending people’s probation and guaranteeing JCS more money. When people could not pay, company employees threatened to revoke their probation, which would result in jail time.

According to Brooke, the SPLC sent a letter to Mayor George Evans’ office in May, requesting the city to end its contract. Brooke said he has yet to hear back from Selma, but he was contacted from the Alabama Municipal Insurance Corporation, which represents Selma.

“A person from AMIC did reach out to us, and we had some initial conversations about it, specifically with Selma, but we did not get any indication that they are going to cancel [their contract],” Brooke said. “We’re hopeful that they still are considering it and that the mayor is still considering it, but we haven’t heard that directly.”

Phone calls and emails to Evans inquiring about the city’s status with JCS and plans to continue or cancel the contract were not returned.

According to minutes from a Sept. 25, 2006, Selma City Council Meeting, the council unanimously voted to approve a contract with JCS to help the Selma Municipal Court with “management of court fines and uncollected court fines.” The terms of the contract were not clear in the minutes.

“We had asked for a response within 30 days, so that of course has already passed, but we also appreciate that it can take some time to get the city council meetings together and everything else,” Brooke said.

“There is no specific timeline, but at the same time folks have known about this. I think 54 towns now have chosen to cancel their contracts. That should be enough time for those other town to figure out what they want to do as well. We certainly hope that we will hear from them very soon.”

The SPLC’s letter to the city of Selma said subjecting people to “pay-only probation with JCS is unconstitutional and illegal for a number of reasons”.

The letter states, “First, the contract is unconstitutional because it grants an exclusive franchise and was not publicly bid. Second, the contract is void because it requires probationers to pay monthly supervision fees that are not authorized by law. Third, it creates a conflict of interest that is unconstitutional under the due process clause, as it allows a for-profit corporation with direct financial incentives to oversee probation.”

Judge Prince Chestnut, the presiding judge for Selma Municipal Court, said if it were up to him he would cancel the contract.

“They (JCS) don’t necessarily do anything way out there that makes me afraid of them being contracted with the city,” Chestnut said. “But just based on the fact that there is so much heat associated with them, and if so many issues are out there with folks threatening lawsuits and everything, just to not be involved in all of that, if it were my decision, then I would probably separate.”

If the city of Selma chooses to maintain its contract with JCS, the SPLC expects to file a lawsuit, according to Brooke.

“If towns refuse to do so, and surely we expect that not everyone will agree to do this … further litigation is almost certain,” Brooke said.

“I don’t have any specific plans right now to sue any place like Selma, but if they don’t cancel the contract, litigation seems almost certain.”