Section 24-5-27-19 - Intrastate inmate calling services rate cap(a) As used in this section, "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 inmate calling services pays, gives, donates, or otherwise provides to:(1) an entity that operates a correctional facility;(2) an entity with which the provider of inmate calling services enters into an agreement to provide inmate calling services;(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: (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.
Added by P.L. 34-2022,SEC. 8, eff. 7/1/2022.