2023 -- S 0406

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LC001478

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT-- CORRECTIONS DEPARTMENT

     Introduced By: Senators Kallman, Miller, McKenney, Bell, DiMario, Burke, Lauria, and
F. Lombardi

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-56-38.1 of the General Laws in Chapter 42-56 entitled

"Corrections Department" is hereby repealed.

     42-56-38.1. Prisoner telephone use.

     (a) When an inmate requests and receives a list of parties approved to receive telephone

calls, the inmate shall be provided the option of using either a debit or collect call system to place

such calls. Under the debit system, either the cost of such service shall be automatically deducted

from the account maintained by the inmate for that purpose, or the inmate shall set aside money

from his/her account to be placed in a prepaid telephone account.

     (b) No telephone service provider shall charge a customer rate for calls made from a prison

in excess of rates charged for comparable calls made in non-prison settings. All rates shall reflect

the lowest reasonable cost to inmates and call recipients.

     (c) No concessions agreements for inmate telephone calling services shall include

provisions for a commission payable to the state, nor shall any correctional institution impose a

surcharge for telephone usage by inmates in addition to the charges imposed by the telephone

service provider.

     SECTION 2. Chapter 42-56 of the General Laws entitled "Corrections Department" is

hereby amended by adding thereto the following section:

     42-56-38.3. Prisoner telephone use -- Communication with people confined to

correctional facilities.

     (a) When an inmate requests and receives a list of parties approved to receive telephone

calls, the department of corrections of any agency charged with the operation and management of

state prisons, local jail cells maintained by any local or state law enforcement agency and youth

residential placements or detention centers shall provide persons in their custody and confined in a

correctional or detention facility, or held by any law enforcement agency pending an initial court

appearance, with voice communication service. The department of corrections or other agency may

supplement voice communication service with other communication services, including, but not

limited to, video communication and electronic mail or messaging services. To the extent that such

voice communication service or any other communication service is provided, which shall not be

limited beyond program participation and routine facility procedures, each such service shall be

provided free of charge to the person initiating and the person receiving the communication.

     (b) The department of corrections, including all adult and juvenile facilities, in order to

facilitate and accomplish the purposes of this section, shall maintain at a minimum the greater of:

     (1) A ten (10) to one ratio of persons in custody to operable voice communication

devices/telephones in each housing unit; or

     (2) At least two (2) voice communication devices/telephones in each housing unit.

     (c) Neither the department of corrections or any agency charged with the operation and

management of state prisons, or local jail cells maintained by any local or state law enforcement

agency or youth residential placements or detention centers, shall receive revenue from the

provision of voice communication services or any other communication services to any person

confined in any correctional facility, local jail cell or youth residential placement or detention

center.

     (d) The department of corrections or any agency charged with the operation and

management of state prisons or youth residential placements or detention centers shall provide

persons in their custody and confined in their facilities with in-person contact visits.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT-- CORRECTIONS DEPARTMENT

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     This act repeals provisions which allow for the department of corrections to charge inmates

for phone calls and require the department of corrections to provide free communication services

to inmates and juveniles held in residential placement or detention centers and would require that

those facilities provide in-person contact visits.

     This act would take effect upon passage.

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