Indiana Code 24-5-27-19. Intrastate inmate calling services rate cap
(1) an entity that operates a correctional facility;
Terms Used In Indiana Code 24-5-27-19
- collect calling: means an arrangement in which the called party takes affirmative action clearly indicating that the party will pay the charges associated with a call originating from an inmate telephone. See Indiana Code 24-5-27-4
- Contract: A legal written agreement that becomes binding when signed.
- correctional facility: means :
Indiana Code 24-5-27-6
- debit calling: means a presubscription or comparable service that allows an inmate, or someone acting on an inmate's behalf, to fund an account that:
Indiana Code 24-5-27-7
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- inmate: means an individual detained at a correctional facility, regardless of the duration of the detention. See Indiana Code 24-5-27-9
- Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
- prepaid calling: means a presubscription or comparable service in which:
Indiana Code 24-5-27-16
- prepaid collect calling: means a calling arrangement that:
Indiana Code 24-5-27-17
- provider: means any communications service provider that provides inmate calling services, regardless of the technology used to provide the services. See Indiana Code 24-5-27-18
(3) a governmental agency that oversees a correctional facility;
(4) the city, county, or state in which a correctional facility is located; or
(5) an agent of a correctional facility.
(b) Subject to subsections (c) and (d), the rate for intrastate:
(1) collect calling;
(2) debit calling;
(3) prepaid calling; or
(4) prepaid collect calling;
in connection with inmate calling services may not exceed the rate cap for the comparable interstate service in connection with inmate calling services, as set by the Federal Communications Commission and in effect at the time the call is initiated, including any interim rate cap that is set by the Federal Communications Commission and in effect at the time the call is initiated.
(c) An intrastate rate cap under subsection (b) is subject to any distinctions in the comparable interstate rate cap set by the Federal Communications Commission that are based on:
(1) the type or size of the correctional facility from which the inmate calling services call is placed, including:
(A) whether the correctional facility is a jail or a prison, as those terms may be defined by the Federal Communications Commission at the time the call is initiated; and
(B) the average daily population of the correctional facility, as that term may be defined by the Federal Communications Commission at the time the call is initiated; and
(2) whether any site commission is sought to be recovered through the intrastate rate for a service, including any distinctions in the facility-related rate component, as that term may be defined by the Federal Communications Commission at the time the call is initiated, that are based on whether the site commission is legally mandated or contractually prescribed.
(d) A provider that has been granted a waiver by the Federal Communications Commission from the interstate rate caps for the inmate calling services described in subsection (b) with respect to a particular:
(1) correctional facility; or
(2) contract for the provision of inmate calling services;
is not subject to the intrastate rate caps under subsection (b) for the comparable intrastate services provided to the same correctional facility or under the same contract. The exemption from the intrastate rate caps provided under this subsection runs concurrently with the term of the exemption from the corresponding interstate rate caps, as determined by the Federal Communications Commission.
As added by P.L.34-2022, SEC.8.