Video Visitation in Prisons Act of 2016

To provide for the regulation of video visitation 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 in Prisons Act of 2016 2. FCC regulation of video visitation service and inmate calling service (a) In general Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall promulgate regulations with respect to video visitation service, and amend its regulations 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. (b) Requirements for regulations The regulations promulgated under subsection (a) shall include the following: (1) Caps on the rates (and any related fees or charges) that a provider of a covered service may charge for such service. (2) A prohibition against a provider of a covered service charging a flat rate for a call, regardless of the duration of the call. (3) 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. (4) 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 (3). If such provider is subject to the annual reporting and certification requirement of section 64.6060 of title 47, Code of Federal Regulations, the certification required under this paragraph shall be included as part of the certification required by such section. (5) 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. (6) 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. (7) With respect to video visitation service, quality standards that are the best commercially available for effective human communication by video. In developing such standards, the Commission shall seek comments that review the academic literature regarding the appropriate thresholds for effective human communication by video. (c) Applicability The regulations promulgated under subsection (a) shall apply to interstate service, intrastate service, and international service. In promulgating such regulations, the Commission may provide for different requirements for interstate service, intrastate service, and international service. (d) Definitions In this section: (1) Call The term call (2) Commission The term Commission (3) Covered service The term covered service (4) Video visitation service The term video visitation service (5) Additional definitions from regulations The terms correctional facility inmate inmate calling service 3. Bureau of Prisons Oversight Chapter 301 (1) by adding at the end the following: 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 is available subject to the following: (1) Video visitation 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(d) of the Video Visitation in Prisons Act of 2016, except that, for purposes of this section, the term video visitation service includes a service that allows the use of videoconferencing or analog closed circuit television systems and software to allow inmates and visitors to visit at a distance with an inmate in a correctional facility. ; and (2) in the table of sections, by adding at the end the following: 4015. Video visitation. .

Summary: Video Visitation in Prisons Act of 2016 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: 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 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.