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THE SENATE |
S.B. NO. |
369 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to telephone services for committed persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that communication between committed persons and their families is an important factor in reducing recidivism. At present, the cost of a fifteen-minute call from a committed person can be as much as $13.30. This cost is borne by the families of committed persons, who often live in conditions of financial hardship. Over time, the high cost of phone calls can make contact between committed persons and their families unaffordable.
The legislature also finds that if the commission payments were eliminated, the cost of phone calls between committed persons and their families could be reduced. Recent rulemaking by the Federal Communications Commission discourages commission payments from service providers to state agencies that operate correctional facilities and caps the rate for local and in-state calls from state and federal prisons to eleven cents per minute.
The purpose of this Act is to:
(1) Restrict the department of public safety from receiving commission payments from telephone calls made by committed persons; and
(2) Prohibit the department of public safety from entering into or renewing any contract with any privately owned prison telephone communications provider.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353- Committed person telephone calls; site
commissions restricted. (a) Notwithstanding any other law to the
contrary, the department shall not receive site commissions.
(b) The department shall develop internal
policies and procedures consistent with this section.
(c) For the purposes of this section:
"Calling
services" means a service that allows committed persons to make calls to
individuals outside the correctional facility where the committed person is
being held, regardless of the technology used to deliver the service.
"Site
commission" means any form of monetary payment, in‑kind payment,
gift, exchange of services or goods, fee, technology allowance, or product that
a provider of calling services or affiliate of a provider of calling services
may pay, give, donate, or otherwise provide to:
(1) An entity that operates a
correctional facility;
(2) An entity with which the provider of
calling services enters into an agreement to provide calling services;
(3) A governmental agency that oversees
a correctional facility;
(4) The State or county in which a
correctional facility is located; or
(5) An agent of any correctional facility."
SECTION 3. The department of public safety shall not enter into or renew any contract with any privately owned prison telephone communication provider.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Inmate Phone Calls; Department of Public Safety; Correctional Facilities; Privately Owned Telephone Communications Providers; Contract
Description:
Prohibits the Department of Public Safety from receiving any commission payment from telephone service providers based on inmate phone calls. Prohibits the Department of Public Safety from entering into or renewing any contract with any privately owned prison telephone communications provider.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.