Budget Amendment ID: FY2023-S4-949-R1

Redraft EPS 949

Prison Phone Calls

Ms. Creem, Ms. Comerford, Ms. Rausch, Mr. Eldridge, Ms. Chang-Diaz, Messrs. Barrett, Brady and Hinds, Ms. Edwards, Mr. Gomez, Ms. Jehlen and Ms. Lovely moved that the proposed new text be amended by inserting after section 41 the following sections:-

“SECTION 41A. Chapter 127 of the General Laws is hereby amended by inserting after section 87 the following section:-

Section 87A. (a) For the purposes of this section, the terms “county correctional facility”, “state correctional facility” and “state prison” shall have the same meanings as in section 1 of chapter 125.

(b) The department of correction and the sheriffs shall provide and ensure adequate infrastructure to provide voice communication services, including phone calls, to persons incarcerated or detained in state correctional facilities, state prisons and county correctional facilities.

(c) The department of correction and the sheriffs shall provide voice communication services, including phone calls, free of charge to every inmate and the receiving party and each inmate shall have access to voice communication services for the maximum number of minutes  to the extent that such access does not interfere with rehabilitative, educational or vocational programming or routine facility procedures.

(d) The department of correction and the sheriffs may supplement voice communication services with other communication services including, but not limited to, video and electronic communication services; provided, however, that other communication services shall not replace voice communication services; and provided further, that other communication services shall be provided free of charge to the inmate and receiving party.

(e) Nothing in this section shall authorize or permit the department of correction or sheriffs to limit or prohibit in-person visits, except in accordance with safety and public health considerations.

(f) Notwithstanding any general or special law to the contrary, a state or local law enforcement agency shall not receive revenue, financial incentives or commissions from the provision of communication services, including, but not limited to, voice, video and electronic communications services, to any person confined in a state correctional facility, state prison or county correctional facility.

(g) The department of correction and each county sheriff shall report to the clerks of the senate and house of representatives quarterly the number of phone call minutes used, the number of phone call minutes allowed daily and the reasons for any limitations on access.

SECTION 41B. Said chapter 127 is hereby further amended by adding the following section:-

Section 170. (a) For the purposes of this section, the terms “county correctional facility”, “state correctional facility” and “state prison” shall have the same meanings as in section 1 of chapter 125.

(b) State correctional facilities, state prisons, county correctional facilities and entities contracting with such facilities, shall not charge more than 3 per cent over the purchase cost for commissary items. The department of correction and county sheriffs shall maximize discounts procured from bulk purchasing of commissary items or other contracting opportunities that reduce the cost of such items and shall not receive commissions, revenue or other financial incentives in any contract with a seller, supplier or vendor of commissary items. Commissary items offered shall include gender affirming items, consistent with section 32A of chapter 127, and culturally appropriate items for all communities in custody.”; and

by inserting after section 72 the following section:-

“Section 72A. (a) Notwithstanding any general or special law to the contrary, not later than July 1, 2023, any provision of a contract for communication services to any person confined in a state correctional facility, state prison or county correctional facility that provides for the payment of revenue, financial incentives or commissions to a state or local law enforcement agency shall be void and the department of correction and sheriffs shall renegotiate any such contract to remove any such provision. A renegotiated contract shall reduce the cost of communication services to reflect the removal of any provision that provide for the payment of revenue, financial incentives or commissions to a state or local enforcement agency; provided, however, that no other terms of the contract shall be affected by this section or section 87A of chapter 127 of the General Laws; provided further, that the department of corrections and the sheriffs shall seek to maximize purchasing power and consolidate contracts to the extent feasible after such renegotiated contracts expire.

(b) Any service, benefit or program for incarcerated people to which commissary commissions were specifically designated in fiscal year 2022, including, but not limited to, the Inmate Benefit Fund, The Law Library and the Central Program Account in the state prison system, shall be funded by the department of correction and the sheriffs at not less than the level of funding in fiscal year 2022."; and

by inserting after section 73 the following section:-

“SECTION 73A. Sections 41A and 41B shall take effect on July 1, 2023.”.