There are currently 2.2 million people held in prisons and jails in the United States,1 and an estimated 95% of prisoners currently in custody will one day be released. Based on 2012 data, around 637,400 people are released annually from state and federal prisons.2

According to an April 2011 report by the Pew Center on the States, the average national recidivism rate is 43.3%.3 Based on that average rate, an estimated 276,000 released prisoners can be expected to recidivate each year, many committing new crimes and returning to prison.

This negatively impacts our communities in several ways, including the societal costs of more crime and victimization as well as the fiscal costs of reincarcerating ex-prisoners who commit new offenses – at an average annual cost of $31,286 per prisoner, according to a 2012 report by the Vera Institute.4

Studies have consistently found that prisoners who maintain close contact with their family members while incarcerated have better post-release outcomes and lower recidivism rates.

These findings represent a body of research stretching back over 40 years. For example, according to “Explorations in Inmate-Family Relationships,” a 1972 study: “The central finding of this research is the strong and consistent positive relationship that exists ...

PLN’s December 2013 cover story provided an updated look at the prison phone industry and examined a recent order by the Federal Communications Commission (FCC) that imposed rate caps on interstate (long distance) prison and jail phone calls. There have since been several new developments on the prison phone front.

As previously reported, the nation’s two largest Inmate Calling Service (ICS) providers, Global Tel*Link and Securus Technologies, filed legal challenges to the FCC’s order in the D.C. Circuit Court of Appeals.

On January 13, 2014, the appellate court ruled on Securus’ motion for a stay of the FCC’s order, granting the motion in part and denying it in part. As a result, several key provisions of the order were placed on hold pending the outcome of Securus’ lawsuit.

The interim rate caps imposed by the FCC – $.25 per minute for collect interstate ICS calls and $.21 per minute for debit and prepaid interstate ICS calls – were not stayed and went into effect on February 11, 2014. As of that date, all correctional facilities nationwide were required to comply with the rate caps.

In addition to the rate caps for interstate prison phone calls, the D.C. Circuit also declined ...

On November 26, 2013, shareholder resolutions were filed with Corrections Corporation of America (CCA) and The GEO Group, Inc. – the nation’s two largest for-profit prison companies; the resolutions seek to reduce the high cost of phone calls made by prisoners at CCA and GEO facilities nationwide.

Prison phone rates are typically much higher than non-prison rates, and a 15-minute call can cost up to $17.30. Such exorbitant costs make it difficult for prisoners to maintain regular contact with their families and children; an estimated 2.7 million children in the United States have an incarcerated parent.

In September 2013, the Federal Communications Commission issued an order capping the cost of interstate (long distance) prison phone calls. FCC Commissioner Mignon Clyburn observed that “Studies have shown that having meaningful contact beyond prison walls can make a real difference in maintaining community ties, promoting rehabilitation, and reducing recidivism. Making these calls more affordable can facilitate all of these objectives and more.” However, the FCC’s order has not yet gone into effect and does not apply to in-state prison phone rates. [See: PLN, Dec. 2013, p.1].

Therefore, Alex Friedmann, associate director of the Human Rights Defense Center (HRDC), PLN’s parent non-profit organization, filed ...

The rate caps recently imposed on interstate (long distance) prison phone calls by the Federal Communications Commission (FCC) signal much-needed financial relief for prisoners and their families; however, they will also leave an estimated $650,000 gap in the 2014 budget for the Nevada Department of Corrections.

Due to the FCC’s rate caps, which have not yet gone into effect, the Nevada Board of Prison Commissioners was informed on December 17, 2013 that the state’s prison system will no longer be able to charge per-call connection fees for interstate phone calls.

The Associated Press incorrectly reported that the Nevada DOC’s interstate phone rates include a $1.00 connection fee; actually, the connection fee for long distance calls from Nevada prisons is $2.50, plus $.49 per minute. The Nevada DOC’s intrastate (in-state) phone rates include a $1.00 connection fee plus $.13 per minute – but intrastate calls are not covered by the FCC’s order. [See: PLN, Dec. 2013, p.1].

When the rate caps go into effect – which is scheduled for February 13, 2014, although pending litigation may extend that date – prison systems will be allowed to charge a maximum of $.21 per minute for interstate debit and prepaid calls, and $.25 ...

by John E. Dannenberg and Alex Friedmann

"After a long time – too long – the Commission takes action to finally address the high cost that prison inmates and their families must pay for phone service. This is not just an issue of markets and rates; it is a broader issue of social justice." – FCC Commissioner Jessica Rosenworcel


On August 9, 2013, the Federal Communications Commission (FCC), in a landmark decision, voted to cap the cost of long distance rates for phone calls made by prisoners and enact other reforms related to the prison phone industry. [See: PLN, Sept. 2013, p.42].

The FCC's 131-page final order was released in September and published in the Federal Register on November 13, 2013. It has not yet gone into effect due to a 90-day waiting period following publication in the Register, plus legal challenges have since been filed by the nation's two largest prison phone companies.

The order, entered in response to a petition for rulemaking submitted to the FCC, is the result of a decade-long effort to lower prison phone rates and implement much-needed changes in the prison phone industry.

Prison Phone Services: A Primer

The billion-dollar prison phone industry is ...

In April 2013, the Florida Department of Corrections (FDOC) issued an invitation for companies to bid on the department’s coveted prison phone contract.

The FDOC evaluated responses to the bid invitation and conducted negotiations with three companies: Global Tel*Link (GTL), Securus Technologies, Inc., which currently holds the department’s phone contract, and CenturyLink – the nation’s three largest prison phone service providers. The FDOC then issued a request for best and final offers (BAFO), and each company responded by June 18, 2013. After reviewing the final bids, the FDOC selected CenturyLink as the company that demonstrated the best value and service.

CenturyLink was able to woo the FDOC by offering an unusual proposition – increasing the department’s “commission” kickback to 62.6% of gross prison phone revenue from the current rate of 35%, while lowering the cost of a 15-minute call by approximately 25%. The 62.6% commission would be in effect for the initial contract term of five years, then change to 63.6% for the first two one-year renewals and increase to 64.1% for the third, fourth and fifth-year renewals.

CenturyLink indicated that its proposed rates did not include a per-call surcharge, which would allow prisoners to make more frequent calls at ...

1 Alaska provides free local calls, plus free calls to the state’s Public Defender Agency, Office of Public Advocacy and Ombudsman’s Office. First-minute rates for intrastate calls range from $.17 to $.60, with subsequent minutes as indicated in Chart B.

2 Illinois’ ICS contract changed to Securus in late 2012; the charts reflect current (2013) rates. The state’s prior contract was with Consolidated Communications Public Services (CCPS). Illinois’ contract with Securus initially had a commission rate of 87.1%, later reduced to 76%; the commission amounts in Chart D are pursuant to the state’s prior contract with CCPS, which had a commission rate of 56%.

3 Iowa only allows debit calls, with a maximum charge of $9.00 for interstate calls and $7.40 for intrastate calls. The Iowa DOC’s phone service is provided through the Iowa Communications Network (ICN), a state government agency, and PCS/GTL. The state does not receive a commission but rather retains all revenue in excess of the cost of providing prison phone services, which is termed “revenue” or “rebates.”

4 Maryland’s ICS contract changed to GTL in early 2013; the charts reflect current (2013) rates. The commission rate in Chart D (65-87%) is based on documents provided by ...

Welcome to the last issue of PLN for 2013. As the year closes we can look back and see we have accomplished a great deal, including expanding the magazine to 64 pages, successfully urging the FCC to cap the cost of interstate prison phone calls, and prevailing in censorship and public records lawsuits. We also moved our office to Florida from Vermont and will soon be reopening a PLN office in Seattle, Washington.

All of this does not happen on its own; it depends on help and support from our readers and supporters like you. If you can afford to make a donation to PLN or the Human Rights Defense Center, PLN’s parent non-profit organization, please do so. Your support will help us advocate on behalf of prisoners, work to reform the criminal justice system, litigate to protect basic First Amendment rights and much more. What goes around, comes around. For those interested in the full depth and breadth of what PLN and HRDC do, please review our annual reports at: www.prisonlegalnews.org/annualreports.aspx. If you don’t have access to the Internet, send us 8 new first-class stamps and request our 2012 annual report, and we’ll mail you a copy.

This month’s ...

The Nevada Supreme Court has held that a statute prohibiting prisoners from possessing escape devices does not encompass possession of a contraband cell phone.

Pursuant to NRS 212.093(1), prisoners are prohibited from having “any key, picklock, bolt cutters, wire cutters, saw, digging tool, rope, ladder, hook or any other tool or item adapted, designed or commonly used for the purpose of escaping.”

Pershing County jail prisoner Nickolas Mark Andrews was charged with violating NRS 212.093(1) when guards discovered a cell phone hidden in a box under his bunk. The trial court agreed with Andrews, however, that the statute does not prohibit cell phone possession. The charge was dismissed and the state appealed.

The Nevada Supreme Court affirmed, finding that the statute’s plain language “does not prohibit the possession of cell phones.” Therefore, the district court had correctly dismissed the charge against Andrews. Nevertheless, the state argued “that the phrase ‘designed or commonly used for the purpose of escaping’ brings cell phones within the scope of the statute.”

Rejecting this “overambitious reading,” the Court held it is “clear that the aim of the statute is to prohibit the possession of devices used to forcibly break out of, or physically flee from, ...

Following a decade of delays, the Prison Rape Elimination Act (PREA) standards, promulgated by the U.S. Department of Justice, went into effect in August 2013. [See: PLN, September 2013, p.1].

One of the PREA rules, 115.51, states that correctional agencies “shall provide multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents.” The rule further specifies that “Staff shall accept reports made verbally, in writing, anonymously, and from third parties and shall promptly document any verbal reports.”

Although PREA does not require prisons and jails to establish internal telephone hotlines for prisoners to report sexual abuse and harassment, many have done so. When the PREA standards were being developed, some prisoners’ rights advocates expressed concerns that prisoners would not have faith in the hotlines, or be willing to use them, unless they provided true anonymity.

Most of the PREA hotlines in prisons and jails profess to accept anonymous reports, in that prisoners are not required to identify themselves or enter their phone PIN number to access the hotline to report ...