§ 24-5-27-20 — Ancillary service charges for intrastate inmate calling services

(a) The following definitions apply
throughout this section:
(1) "Automated payment fee" means:
(A) a credit card payment fee;
(B) a debit card payment fee; or
(C) a bill processing fee.
The term includes fees for payments made by interactive voice
response, the Internet, or kiosk.
(2) "Fee for single call and related services" means a billing
arrangement in which:
(A) an inmate's collect calls are billed through a third party on
a per call basis; and
(B) the called party:
(i) does not have an account with the provider of inmate
calling services; or
(ii) does not want to establish an account with the provider of
inmate calling services.
(3) "Live agent fee" means a fee associated with the optional use
of a live operator to complete inmate calling services transactions.
(4) "Paper bill or statement fee" means a fee associated with
providing a customer of inmate calling services an optional paper
billing statement.
(5) "Third party financial transaction fee" means the exact fee,
with no markup, that a provider of inmate calling services is
charged by a third party to transfer money or process financial
transactions to facilitate a consumer's ability to make account
payments through the third party.
(b) A provider may not charge an ancillary service charge for, or in
connection with, an intrastate inmate calling services call, other than
those ancillary service charges permitted by the Federal
Communications Commission for, or in connection with, interstate or
international inmate calling services calls at the time the call is
initiated.
(c) Subject to subsection (d), a rate for an ancillary service charge
permitted under subsection (b) for, or in connection with, an intrastate
inmate calling services call shall not exceed the rate for the comparable
ancillary service charge permitted by the Federal Communications
Commission for, or in connection with, interstate or international
inmate calling services calls at the time the call is initiated. Subject to
subsection (b), ancillary service charges subject to the rate cap set forth
in this subsection include the following:
(1) Automated payment fees.
(2) Fees for single call and related services.
(3) Live agent fees.
(4) Paper bill or statement fees.
(5) Third party financial transaction fees.
(d) A provider that has been granted a waiver by the Federal
Communications Commission from the ancillary service charge caps
for interstate or international inmate calling services calls with respect
to a particular:
(1) correctional facility; or
(2) contract for the provision of inmate calling services;
is not subject to the intrastate caps under subsection (c) for the
comparable intrastate ancillary services provided to the same
correctional facility or under the same contract. The exemption from
the intrastate ancillary service charge caps provided under this
subsection runs concurrently with the term of the exemption from the
corresponding interstate or international ancillary service charge caps,
as determined by the Federal Communications Commission.

Legislative History

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