La Prison Phone Contract Monitoring Policy 2003
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STATE OF LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS CORRECTIONS SERVICES Department Regulation No. B-08-001 20 March 2003 INMATE CLASSIFICATION, SENTENCING, AND SERVICE FUNCTIONS Inmate Related Services Telephone Use & Policy on Monitoring of Calls-Adult and Juvenile 1. AUTHORITY: Secretary of the Department of Public Safety and Corrections as contained in Chapter 9 of Title 36. 2. REFERENCES: ACA Standards 3-4259, 3-4260, 3-4263, and 3-4439 and (Adult Correctional Institutions), 3JTS-3D-02, 3JTS-5H-11 (Juvenile Training Schools), JBC-5H-11 (Juvenile Correctional Boot Camp Programs), Department Regulation Nos. B-05-001 "Disciplinary Rules and Procedures for Adult Inmates" and B-05-002 "Disciplinary Rules and Procedures for Juvenile Offenders." 3. PURPOSE: To establish the Secretary's policy regarding the use of telephones by inmates and the monitoring of inmate telephone calls at all adult and juvenile institutions. 4. APPLICABILITY: Deputy Secretary, Undersecretary, Assistant Secretaries and all Wardens. It is the responsibility of each Warden to implement this regulation and convey its contents to the inmate population, employees, and the public. 5. POLICY: It is the Secretary=s policy that uniform telephone procedures--including the ability to monitor and/or record inmate telephone calls to preserve the security and orderly management of the institution and to protect the public safety--be established and adhered to at all institutions. Each institution will offer inmates (including the hearing impaired) reasonable access to telephone communication without overtaxing the institution's ability to properly maintain security and to avoid abuse of this privilege on the part of any inmate. 6. DEFINITION: Inmate - refers to anyone committed to the custody of the Department whether as an adult or juvenile in this context. 7. PROCEDURES: A. General 1) Each inmate will be assigned a personal identification number (PIN) which must be used when placing outgoing telephone calls. The PIN will be the inmate's DOC number or JIRMS number. Department Regulation No. B-08-001 20 March 2003 Page Two 2) At the juvenile institutions, one unique PIN, not the inmate=s JIRMS number, will be utilized for calling the PZT Hotline only. 3) Each inmate will provide his assigned institution a master list of up to 20 frequently called telephone numbers inclusive of all family, personal, and legal calls. Each inmate's outgoing telephone calls will be limited to those telephone numbers he has placed on his master list. Changes may be made to the master list at the discretion of the Warden, but no less than once each quarter. These changes may be input by the contractor or by appropriately trained institutional staff. Changes to the master list for parents of juvenile offenders and attorneys representing a juvenile offender are to be expedited. All attempts should be made to institute such changes within six working days. For parents, the six days shall begin from written notification by the offender to the appropriate institutional staff. For an attorney, the time period shall begin upon receipt of the offender=s written request to the appropriate institutional staff, if the offender is 18 years or older. For offenders under the age of 18, the time period shall begin upon receipt of written notice from the parent confirming the attorney as the legal representative of their child. 4) At juvenile institutions, regardless of custody status, offenders will be provided an opportunity to make telephone calls home at State expense when the offender=s case worker determines that the call promotes the goal of the offender=s intervention plan. Offenders will also be given meaningful access to telephones for privileged communications with their attorneys. B. 5) For new inmates, PIN and master list numbers will be input into the telephone system upon intake at the Reception and Diagnostic Centers. 6) Upon the request of a telephone subscriber, the institution may block a telephone number and prevent the subscriber from receiving calls from an inmate housed in the facility. To accomplish a block of a particular number for all state facilities, the institution should contact the contractor to request that a universal block be put into place. Dormitory Housing (Minimum or Medium Custody): 1) Personal or Family Calls (routine) Department Regulation No. B-08-001 20 March 2003 Page Three Collect telephone access should be available on a relatively nonrestricted basis. The specific hours in the various living areas at the individual institutions shall be established by the Warden of each institution. The Warden shall communicate the telephone schedule to the inmate population. A time limit should be established. 2) Personal or Family Calls (emergency) Requests for access outside of normally scheduled hours may be made through the dormitory officer, counselor, or shift supervisor. 3) Legal Calls The Warden shall establish a schedule for legal calls. Inmates are generally able to place legal calls during the lunch period or after the afternoon count (when Anormal office hours@ are in effect for attorneys). The Warden should establish an alternate procedure if this is not adequate. C. Cellblock Housing (Maximum Custody): 1) Personal or Family Calls (routine) Collect telephone access is generally located in the cellblock lobby. (In those situations where the telephone is on the tier, the inmate may be allowed access during the shower or exercise period.) Lobby placement may restrict inmate access. Therefore, posted policy may limit routine personal calls for inmates assigned to cellblocks. Access may vary by inmate classification status. A time limit should be established. 2) Personal or Family Calls (emergency) In all subclasses of maximum custody, the inmate is required to request consideration for this type call from the Warden's designee (shift supervisor, unit major, or program staff) who decides if the justification the inmate presents warrants the request. That decision is then logged. No frequency for this type call is established as the severity and duration of the emergency may vary. NOTE: Please refer to the "Emergency Review" provisions of the Administrative Remedy Procedure. Timely review can be solicited by the inmate. Department Regulation No. B-08-001 20 March 2003 Page Four 3) Legal Calls The Warden shall establish a procedure for placing legal calls on a reasonable basis during normal attorney office hours. Each housing unit shall maintain a legal telephone log for the purpose of monitoring the number of legal calls made by inmates on a weekly basis. D. Incoming Calls: 1) Personal or Family calls (routine) Messages are not accepted or relayed on a routine basis for any inmate. 2) Personal or Family Calls (emergency) The Warden should establish a procedure for inmate notification of legitimate personal or family emergencies communicated to the institution. 3) Legal Calls Inmates may be given notice that their attorney has requested contact. Complete verification is required prior to processing. If minimum or medium custody, the inmate may call from the dormitory during lunch or after work. If maximum custody, the inmate may be allowed to call during normal attorney office hours at a time which does not interfere with orderly operation of the unit. E. Monitoring: 1) Inmates shall be put on notice of the following: a. i. Telephone calls in housing areas are subject to being monitored and/or recorded and that "use" constitutes "consent." ii. It is the inmate's responsibility to advise all other parties that conversations are subject to being monitored and/or recorded. iii. A properly placed telephone call to an attorney will not be monitored and/or recorded unless reasonable suspicion of illicit activity has resulted in a formal investigation and such action has been authorized by the Secretary or designee. Department Regulation No. B-08-001 20 March 2003 Page Five b. The telephone system will normally terminate a call at the end of the authorized period, (normally 15 minutes); however, the Warden or his designee may authorize calls of a longer duration as circumstances warrant. c. The system will automatically broadcast recorded messages indicating that the telephone call is originating from a correctional facility. 2) Inmates shall not be allowed access to employee home telephone numbers and shall not be allowed to call any staff member of the Department. 3) Each institution will advise their inmate population of the proper way to place a legal call. 4) Only personnel authorized by the Warden may monitor inmate telephone calls. Information gained from monitoring calls which affects the security of the institution or threatens the protection of the public will be communicated to other staff members or other law enforcement agencies. Telephone calls to attorneys may not be routinely monitored (see Section 7.E.1)a.iii.); staff will immediately disconnect from any inmate telephone call if it appears that is the case. All other information shall be held in strict confidence. 5) Inmates being processed into the system through the Reception and Diagnostic Centers will be required to "consent" in writing that their telephone calls are subject to being monitored and/or recorded. A copy of this "consent" shall be placed in the inmate's institutional record. 6) Each institution's orientation manual must include the information contained in this regulation as a means to notify the inmate population and verbal notification must be given in their orientation program. Existing inmate populations shall be put on notice by a sign posted at each inmate telephone. The sign shall reflect the following information: ATTENTION This telephone has been electronically programmed to monitor and/or record telephone calls. By using this telephone, you consent to the monitoring and/or recording of your conversation, except for properly placed legal calls. Department of Public Safety and Corrections Department Regulation No. B-08-001 Department Regulation No. B-08-o01 20 March 2003 Page Six F. Remote Call Forwarding: 1) Remote Call Forwarding (RCF) is a mechanism by which inmates employ a local telephone number that automatically forwards the telephone call to a pre-selected number generally located out of the local calling area code or long distance. RFC in essence is an automated 3- way call. 2) RCF is also known as automated call forwarding or PBX call forwarding. Useofthis automated and remote mechanism represents significant security risks for several reasons. The telephone call terminated number (the end destination of the call) cannot be readily identified or verified. This number is not a traditional telephone number located at a residence, business or other such location but merely a number within the telephone switching equipment local to the facility where the inmate is housed. 3) RCF initiated calls to an unidentified terminated number can and are being easily forwarded again to a cell phone and other unauthorized telephones. This forwarding is done through the normal 3-way call hook ups. This in fact negates the security mechanisms achieved by the requirement of approved telephone lists. Safeguards to prevent calls to victims, to blocked or restricted numbers or to prevent other unauthorized call activities are defeated by the use of an RCF number. 4) RCF usage creates an opportunity to conduct criminal or illegal or unauthorized activities since the end call location is not readily being identified, verified or its actual location known. This affords untold opportunity for inmates to engage in potential scams, to call victims, to facilitate escape attempts and to engage in other conduct representing significant security risks to the facility. 5) The inmate population should be put on notice that all third-party telephone calls, inclUding RCF calls, are strictly prohibited and such activity will result in appropriate disciplinary action. 6) Wardens shall develop a monitoring system to analyze the frequency of local calls. High frequency may indicate RCF utilization. When RCF calls are discovered, a system wide block of the number should be initiated pursuant to Section 7A6) of this regulation. ( '---'''Ri'oI\a~~\--1:~~ Secretary me This regulation supersedes Department Regulation No. B-08-001 dated 31 July 2002.