Video Visitation and Inmate Calling in Prisons Act of 2017

To provide for the regulation of video visitation services and inmate calling services by the Federal Communications Commission generally, to establish criteria for the provision of video visitation services by the Bureau of Prisons, and for other purposes. 1. Short title This Act may be cited as the Video Visitation and Inmate Calling in Prisons Act of 2017 2. FCC regulation of video visitation service and inmate calling service (a) Definitions In this section: (1) Ancillary service charge The term ancillary service charge (2) Call The term call (A) means a voice or video call using a covered service; and (B) includes any other session of use that is similar to a telephone call. (3) Commission The term Commission (4) Consumer The term consumer (5) Correctional facility The term correctional facility (6) Covered service The term covered service (7) Inmate The term inmate (8) Inmate calling service The term inmate calling service (9) Site Commission The term site commission (A) an entity that operates a correctional institution; (B) an entity with which the provider of inmate calling services enters into an agreement to provide such services; (C) an agency that oversees a correctional facility; (D) the city, county, or State in which a correctional facility is located; or (E) an agent of any such correctional facility. (10) Video visitation service The term video visitation service (b) Regulations Not later than 180 days after the date of enactment of this Act, the Commission shall— (1) promulgate regulations with respect to video visitation service; and (2) amend the regulations of the Commission with respect to inmate calling service (as necessary), to ensure that all charges, practices, classifications, and regulations for and in connection with video visitation service and inmate calling service are just and reasonable. (c) Requirements for regulations The regulations promulgated under subsection (b) shall include the following: (1) Video visitation services may be used only to supplement, not supplant, in-person visitation. (2) Caps on the rates (and any related fees or charges) that a provider of a covered service may charge for such service. (3) A prohibition against a provider of a covered service charging a flat rate for a call, regardless of the duration of the call. (4) A prohibition against a provider of a covered service requiring a correctional facility to restrict in-person visitation as a condition of providing such service in such facility. (5) A requirement that a provider of a covered service certify annually to the Commission that such provider is in compliance with the prohibition under paragraph (4). (6) A requirement that the provider of a covered service submit an annual report to the Commission regarding interstate, intrastate, and international inmate calling services for the prior calendar year, which shall— (A) be categorized both by facility type and size; and (B) contain— (i) current interstate, intrastate, and international rates for inmate calling services; (ii) current ancillary service charge amounts and the instances of use of each; (iii) the monthly amount of each site commission paid; (iv) minutes of use, per-minute rates, and ancillary service charges for video visitation services; (v) the number of TTY-based inmate calling services calls provided per facility during the reporting period; (vi) the number of dropped calls the reporting provider experienced with TTY-based calls; and (vii) the number of complaints that the reporting provider received relating to issues such as dropped calls, poor call quality, and the number of incidences of each by TTY and telecommunications relay service (TRS) users. (7) A prohibition against a provider of a covered service offering or entering into an agreement to provide a covered service as part of a bundle of services that includes any service that is not a communications service. (8) Requirements for the offering or entering into an agreement to provide a covered service as part of a bundle of services that ensure that correctional facilities are able to review each service separately during the request for proposals process. (9) With respect to video visitation service, quality standards that are the best commercially available for effective human communication by video, which shall be developed by the Commission after seeking comments that review the academic literature regarding the appropriate thresholds for effective human communication by video. (d) Applicability (1) In general The regulations promulgated under subsection (b) shall apply to interstate service, intrastate service, and international service. (2) Different requirements In promulgating regulations under subsection (b), the Commission may provide for different requirements for interstate service, intrastate service, and international service. 3. Bureau of Prisons Oversight (a) In general Chapter 301 4015. Video visitation (a) In general The Director of the Bureau of Prisons shall take such actions as may be necessary to ensure that, in the case of any prisoner in the custody of the Bureau of Prisons, video visitation services are available subject to the following: (1) Video visitation services may be used only to supplement, not supplant, in-person visitation. (2) Any equipment or area made available for purposes of video visitation shall maximize privacy to the extent practicable, and shall include measures to ensure the operability of the equipment by visitors, including children. (3) In entering into any agreement to provide covered services, the Director— (A) shall give priority to bids submitted that require the purchase of equipment for video visitation; (B) may not enter into any agreement including a term providing for— (i) any services other than those that are minimally required by the Director; (ii) any authority to a person other than a corrections officer to make a determination that affects the terms of a prisoner’s imprisonment, including visitation schedules or ability of a person to move about within a correctional facility; or (iii) a covered service as part of a bundle of services that includes any service that is not a covered service; and (C) may not enter into any agreement that does not include terms requiring— (i) that the service provider provide a list of each video visitation and each individual fee charged to the visitor and the prisoner; (ii) that the service provider offer a minimum number of free visits each month based on good behavior (as determined by the head of the correctional facility wherein the service is provided); and (iii) that the service provider submit quarterly reports including such information as the Director may require to ensure compliance with the terms of this section. (b) Definition In this section, terms used have the meanings given such terms in section 2 of the Video Visitation and Inmate Calling in Prisons Act of 2017 video visitation service . (b) Table of sections The table of sections for chapter 301 section 4014 4015. Video visitation. .

Summary: Video Visitation and Inmate Calling in Prisons Act of 2017 This bill requires the Federal Communications Commission to promulgate regulations for video visitation services that allow inmates to make video calls to individuals outside a correctional facility, and amend its regulations on inmate calling services as necessary to ensure that all charges and practices are just and reasonable. The regulations must include: video visitation cannot replace in-person visits; caps on rates charged by service providers; a prohibition against charging flat rates; a prohibition against a provider requiring a correctional facility to restrict in-person visitation as a condition to providing a calling or video visitation service; a requirement for a provider to submit an annual report about interstate, intrastate, and international inmate calling services; a prohibition against the provider offering bundled services that include non-communications services; and video quality standards. The federal criminal code is amended to require the Bureau of Prisons to ensure that: video visitation does not supplant in-person visitation; privacy is maximized in the video areas and equipment; no persons other than corrections officers have authority over the terms of a prisoner's imprisonment, including visitation schedules or the ability to move within a correctional facility; and service providers provide a list of each video visitation and each fee charged to visitors and prisoners, offer free visits based on good behavior if authorized by the correctional facility, and submit quarterly compliance reports.