La. Admin. Code tit. 22 § I-705

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-705 - Telephone Use and Policy on Monitoring of Calls-Youth [Formerly Section 314]

A. Purpose. To establish the secretary's policy regarding the use of telephones by juveniles and the monitoring of telephone calls at all juvenile institutions.

B. Applicability. Deputy secretary, undersecretary, assistant secretary of the Office of Youth Development and wardens of juvenile facilities. It is the responsibility of each warden to implement this regulation and convey its contents to the juvenile population, employees, and the public.

C. Policy. It is the secretary's policy that uniform telephone procedures, including the ability to monitor and/or record juvenile 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 juveniles (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 juvenile.

D. Procedures

1. General

a. Each juvenile will be assigned a personal identification number (PIN), which is not the juvenile's JIRMS number, which must be used when placing outgoing telephone calls.

b. At each juvenile institution, a unique calling number will be used for calling the PZT Hotline.

c. Each juvenile 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 juvenile'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 entered by the contractor or by appropriately trained institutional staff. Changes to the master list of parents and attorneys representing a juvenile are to be expedited. All attempts should be made to institute such changes within six working days. The six days shall begin to run upon receipt by the appropriate institutional staff of the juvenile's written request that the change be made.

d. For new juveniles, PIN and master list numbers will be entered into the telephone system upon intake at the Juvenile Reception and Diagnostic Center.

e. Upon the request of a telephone subscriber, the institution may block a telephone number and prevent the subscriber from receiving calls from a juvenile housed in the facility. To accomplish a block of a particular number, the institution should contact the contractor to request that a universal block be put into place.

2. Telephone access (outgoing calls) shall be as follows.

a. Personal or Family Calls (Routine). Regardless of custody status, juveniles will be provided an opportunity to make telephone calls to their home at the state's expense when the juvenile's case worker determines that the call will promote the goals of the juvenile's intervention plan. Collect telephone access should be made available when not in conflict with school, work or other programming. Specific times for telephone usage in the various living areas shall be established by the warden who shall communicate the telephone schedule to the population.

b. Personal or Family Calls (Emergency). Requests for access outside of normally scheduled hours may be made through the dormitory officer, counselor, or shift supervisor. Upon receiving information of a family emergency, the warden or designee shall notify the juvenile as soon as possible.

c. Legal Calls. Juveniles will be given meaningful access to telephones for privileged communications with their attorneys, including being advised that their attorney has requested contact.

3. Telephone access (incoming calls) shall be as follows.

a. Personal or Family Calls (Routine). Messages may be relayed at the warden's discretion.

b. Personal or Family Calls (Emergency). The warden shall establish a procedure for juvenile notification of legitimate personal or family emergencies communicated to the institution.

c. Legal Calls. Juveniles may be given notice that their attorney has requested contact. Complete verification is required prior to processing.

4. Monitoring

a. Inmates shall be put on notice of the following.

i. Telephone calls in housing areas are subject to being monitored and/or recorded and that "use" constitutes "consent."

ii. It is the juveniles' 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.

b. The telephone system will normally terminate a call at the end of the authorized period, (normally 15 minutes); however, the warden or 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.

d. Juveniles shall not be allowed access to employee home telephone numbers and shall not be allowed to call any staff member of the department.

e. Each institution will advise its population of the proper way to place a legal call.

f. Only personnel authorized by the warden may monitor juvenile 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 LAC 22:I.314.D.4.a.iii); staff will immediately disconnect from any telephone call if it appears that is the case. All other information shall be held in strict confidence.

g. Juveniles being processed into the system through the Juvenile 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 juvenile's institutional record.

h. Each institution's orientation manual must include the information contained in this regulation as a means to notify the population of its contents and verbal notification must be given in the orientation program. Existing juvenile populations shall be put on notice by a sign posted at each 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.

5. Remote Call Forwarding

a. Remote Call Forwarding (RCF) is a mechanism by which juveniles may 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.

b. RCF is also known as automated call forwarding or PBX call forwarding. Use of this 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 juvenile is housed.

c. 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.

d. RCF usage creates an opportunity to conduct criminal or illegal or un-authorized activities since the end call location is not readily being identified, verified or its actual location known. This affords untold opportunity for juveniles 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.

e. The juvenile 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.

f. 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 LAC 22:I.314.D.1.e.

La. Admin. Code tit. 22, § I-705

Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 29:360 (March 2003), amended LR 29:2848 (December 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:829.