§ 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:
(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.

Legislative History

As added by P.L.34-2022, SEC.8.