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Ri Prison Phone Policies on Monitoring 2008

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RHODE ISLAND DEPARTMENT OF CORRECTIONS
POLICY AND PROCEDURE
POLICY NUMBER: EFFECTIVE DATE:
24.02-3 DOC
03/17/2008
SUPERCEDES:
24.02-2 DOC

PAGE 1 OF 7

DIRECTOR:

p...J,.u.-r.

~.J)...""

SECTION:
SECURITY AND CONTROL

SUBJECT:
INMATE TELEPHONE
PRIVILEGES ONITORING
AUTHORITY: Rhode Island General Laws (RIGL) § 42-56-1022), Powers of the
director; Title ITI of the Omnibus Crime Control and Safe Streets Act, 18 U.S.c.A. §
2510 et seq (prison monitoring and recording of inmate telephone calls); RIGL § 12-5.1,
Interception of Wire and Oral Communications; RIGL § 11-35-21, Unauthorized
interce tion, disclosure or use of wire or oral communication
REFERENCES: ACA Standards 4-4271, -4272, and -4497 (telephone privileges); 3ALDF-3D-21, -22, -23, and 3-ALDF-5D-09 (tel. priv.faccess - gen. pop., admin. seg.,
prot. Cust., disc. detention); RIDOC policy #11.01-4 DOC, Code of Inmate Discipline;
RIGL §42-56-38.1, Prisoner Tele hone Use
INMATEjPUBLIC ACCESS?
X YES
AVAILABLE IN SPANISH?
X NO
I.

PURPOSE:
To specify the Rhode Island Department of Corrections' (RIDoe's) policy and procedures
regarding the monitoring and recording of Adult Correctional Institutions (AO) imnates'
telephone conversations.

II.

POLICY:
A.

Inmate access to/ use of telephones is a privilege.

B.

Inmates are encouraged to remain in close contact with family and friends.

C.

RIDOC affords inmates reasonable access to telephones, consistent with their
status, housing unit regulations, and the guidelines contained in this policy.

Public Notice: 01/13/DB

Public Hearing: 02/14/0

It ECIE I V IS I)
FEB 19 2008
RI SECRETARY OF STATE
ADMINISTRATIVE RECORDS

24.02-3 DOC

03/18/07

Inmate Telephone PrivilegesjMonitoring

1.

Page2of7

All Wardens ensure inmates have reasonable access to telephones within
their respective facilities.

NOTE: Wardens of awaiting trial facilities ensure telephones are available
in the committing areas which do not require the use of personal
identification numbers (pINs) for bail purposes only.

2

Inmate calls are limited [See m.B6} to:
a.

Up to ten (10) social numbers;

b.

Up to five (5) attorney numbers.

Only attorneys whose names and business telephone numbers in the
State of Rhode Island and Providence Plantations, Supreme Court
ACS Attorney Registration will be recognized for this privilege,
unless authorization is given by the Warden or designee. An example
ofsuch authorization is: The Systems Administrator provided by the
vendor of the monitoring system verifies an out-of-state attorney's
status and telephone number. The Warden or designee authorizes the
call.
NOTE: Inmates are allowed to make calls to people not on their lists, under
the supervision of a Counselor or Discharge Planner, in order to seek
employment, housing, social services, etc. Such calls are recorded, to
include date and purpose, in a phone log by staff.
3.

In addition to the five (5) attorneys mentioned above, all RIDDe inmates
may place calls to:

a.

RIDGC Special Investigations Unit (SIU)
462-2282

b.

RIDOC Inspectors l Office
462-2551

c.

On-grounds Rhode Island State Police (RISP)
462-2650

d.

Licensed Bail Bondsmen (telephone nwnbers to be entered by system
administrator)

24.02-3 DOC

03/18/07

Inmate Telephone PrivilegesfMonitoring

Page30f7

e.

Any law enforcement agency

f.

Calls that will not be recorded:
RIDOCsru
RIDOC Inspectors' Office
Law Enforcement Agencies
Rhode Island Public Defender's Office
458-3050 (Dishict and Family Courts)
222-3492 (Superior Court)
222-131$ (Violations)
822-2195 (Kent County Superior, District and Family)
782-4180 (Washington County Superior, Dishict and Family)
841-8320 (Newport County Superior, District and Family)
Attorney calls

4.

Outgoing inmate telephone calls utilize either debit or collect call systems.
Exceptions (which are subject to monitoring by staff):

m.

a.

Work Release Job Search calls;

b.

Calls dialed by staff designated by Warden of facility.

D.

All inmate telephone conversations, except those between inmates and the
individuals listed in II.C.3.£. are subject to monitoring and/or recording.

E.

Prior to the connections of all attempted calls, imnate callers and call recipients are
given advance notice that their telephone conversations will be recorded and are
subject to monitoring via an automated message. Call recipients must accept these
conditions before connections are completed.

PROCEDURES:

A.

Notification
1.

Inmates. Wardens or designated Deputy Wardens ensure inmates receive
advance notice of monitoring and/or recording of their telephone
conversations via:

IO.O.O..'i.0.0.0.0.' .. O.(i:m.IO.C.,.I3

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.

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24.02·3 DOC

03/18/07

Inmate Telephone PrivilegesjMonitoring

2.

3.

B.

Page 4 of 7

a.

memorandum. (for inmates incarcerated at the time of initial
implementation)

b.

Imnate Telephone System Number Request Form - statement that
calls are subject to monitoring and/ or recording

c.

signs posted (or stenciled) in English and Spanish above or near
facility telephones designated for inmate use (sample at Attachment
1)
.

d.

recorded message before call is accepted

Other means of inmate notification which Wardens may choose to utilize
include:
.
.
a.

facility bulletin board notices

b.

facility inmate handbooks

c.

orientation sessions

If applicable, call recipient hears a recorded message informing him/her the
collect call is from a RIDOC inmate and subject to monitoring and/ or
recording.

a

Recipient is given an opportunity to accept or refuse the call.

b.

The message includes language that by accepting the call, the
recipient consents to the monitoring and/or recording.

Inmate Telephone System Number Request Form - information required on said
form is as follows:
1.

inmate's personal identification number (PIN)

2.

statement that call is subject to monitoring and/or recording

3.

date

4.

inmate's printed name

5.

inmate's signature (OR staffs.signature indicating inmate's refusal to sign)

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,Q

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24.02-3 DOC

03/18/07

Inmate Telephone PrivilegesjMonitoring

6.

e.

Page 5 of7

list of telephone number(s) inmate wishes to call
a.

Up to ten (iO) "social"

b.

Up to five (5) attorneys

Qlanges to Inmate Telephone Number lists
Inmates may request changes to their telephone lists:

1.

Social number changes - The System Administrator provided by the vendor
of the monitoring system is responsible for entering updated information as
submitted.

2.

Attorney number changes - The System Administrator provided by the
vendor of the monitoring system is responsible for entering updated
information as it is submitted.

3.

Change requests may also be considered (on a case-by-case basis) for the
following reasons:

4.

D.

~"~;:q:m;:!J

a.

family emergency;

b.·

call recipient's telephone number changes;

c.

newly acq'Uired telephone number for imnate's mother, father,
spouse, and/ or child(ren);

d.

as determined by the RIDOe.

Revised Inmate Telephone System Number Request Forms serve as change
requests.

General Rules

(

1.

The Warden of each facility determines the hours of telephone availability
and ensures said hours are posted in all housing units.

2.

Telephone calls (excluding attorney calls) are restricted to twenty (20)
minutes per call.

W:O:O<<<W(I'J:0.Q.Wii.:V::VI».C.v:"W.Q.

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03/18/07

24.02-3 DOC

Inmate Telephone PrivilegesfMonitoring
E.

Monitoring/Recording
1.

2

F.

Page 6 of7

Monitoring/recording of inmate telephone conversations occurs for the
purposes of:
a.

preserving institutional order and security; and/ or

b.

enhancing/conducting investigative operations.

Sill staff are responsible for monitoring inmate telephone calls. All other
persons requesting access to the telephone monitoring area need written
authorization from the Director.
a.

Random - monitoring conversations as they occur (i.e., "live") - SIU
Investigators randomly monitor live inmate telephone conversations.

b.

Targeted - monitoring specific inmates' conversations based on
information received by SIU related to possible activity that may
jeopardize institutional or community security and safety.

3.

No unauthorized personnel are allowed access to the telephone monitoring
room/equipment

4.

Sill staff record the names of all authorized personnel entering the
telephone monitoring room in a log book established solely for that purpose.

Information Sharing
1.

Law enforcement authorities who are not assigned to the Rhode Island
Department of Corrections are not allowed access to recordings without
judicially authorized and properly executed court orders, which are logged
and maintained by Sill staff.

2.

The Chief Investigator handles administrative requests on a case-by-case
basis.

3.

Random or general access to monitored telephone conversations is
PROHIBITED.

4.

SID staff copy conversations to be used as evidence to CD-R's, and provide
said copies to the agency involved.

24.02-3 DOC

03/18/07

Inmate Telephone Privileges/Monitoring

5.

Page 70£7

a.

Such duplicate CD-R's are marked as evidence and fully tracked and
receipted for as appropriate.

b.

Master CD-R's are not normally removed from the library unless
subpoenaed.

c.

Sill staff maintains a log of all CD-R's released to law enforcement
agencies.

The System Administrator may periodically monitor calls for maintenance
or quality control purposes. Such monitoring is done in-the presence of an
Sill member.

24.02-3 DOC

Attachment 1
English Version
Pagelofl

RHODE ISLAND DEPARTMENT OF CORRECTIONS

Sample Notification Sign to be Posted
Near All Inmate Telephones

All inmate telephone calls, except those to pre-approved attorney numbers,
RIDOC STU Staff, RIDOC Office of Inspection Staff, Rhode Island State Police
will be recorded and/ or monitored.