An Act To Prohibit Excessive Telephone, Video and Commissary Charges in Maine Jails and Prisons
Maine Legislature, Session 130, LD 1175
Committee Amendment CA_A_H936 (House)
Amends: 34-A MRSA §3015, 30-A MRSA §1566

COMMITTEE AMENDMENT "II-" to H.P. 853, L.D. 1175, "An Act To Prohibit 
Excessive Telephone, Video and Commissary Charges in Maine Jails and Prisons'' 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit Excessive Telephone Charges in Maine Jails and Prisons' 
Amend the bill by striking out all of the emergency preamble. 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-1. 34-A MRSA §3015 is enacted to read: 
§3015. Telephone services in Department of Corrections facilities 
Beginning October 1, 2022. the department and a service provider that contracts with 
the department to provide telephone services for residents of a department facility shall 
provide telephone services in accordance with this section. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Department facility" means a detention facility or correctional facility. 
B. "Resident" means a person who resides in a department facility. 
C. "Service provider" means an entity that provides telephone services by contract 
with the department through which a resident initiates outgoing telephone calls from a 
department facility. 
2. Resident right to make telephone calls. The department shall provide a resident 
with a reasonable opportunity to make interstate and intrastate telephone calls in 
accordance with departmental policies and institutional procedures and in accordance with 
the following. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT ''11" to H.P. 853, L.D. 1175 
A. The department shall provide a resident with a reasonable opportunity to make 
telephone calls to relatives and friends, except that the department may restrict or 
prohibit telephone calls when the restriction or prohibition is necessary for the security 
of the depmtment facility, The department shall provide to a resident who has less than 
$10 in the resident's facility account a free telephone call allowance for 30 minutes of 
telephone calls per week under this paragraph. 
B. The department shall provide a resident with a reasonable opportunity to make 
telephone calls protected by the attorney-client privilege. The department shall provide 
to a resident who has less than $10 in the resident's facility account a free telephone 
call allowance for 3 0 minutes of telephone calls per week under this paragraph. 
3. Reguirements for service providers. A service provider that enters into or renews 
a contract on or after October 1, 2022 with the depmtment to provide outgoing interstate 
and intrastate telephone services is subject to the following requirements. 
A. The rates and charges that the service provider may charge for interstate and 
intrastate telephone calls made by residents may not exceed the rates for interstate 
telephone calls adopted by the Federal Communications Commission in effect on the 
date of the contract. 
B. A service provider may not charge a fee to a resident, the department facility or the 
department for providing the free outgoing telephone calls required pursuant to 
subsection 2, paragraphs A and B. 
C. A service provider may not charge a connection fee to a resident to initiate an 
outgoing telephone call, 
D. A service provider shall permit the receiving party of a telephone call to terminate 
the telephone call prior to connection without the resident or receiving party incurring 
a charge. 
E. A service provider may not block a collect telephone call to a receiving party 
because the service provider lacks a prior billing relationship with the receiving party's 
telephone service provider unless the service provider offers debit, prepaid or prepaid 
collect calling options. 
F. A service provider, prior to connecting a telephone call, shall identify itself to the 
receiving party and disclose to the receiving party how to obtain rate quotations. 
Sec. A-2. Application. That section of this Part that enacts the Maine Revised 
Statutes, Title 34-A, section 3015 applies to all contracts for telephone services entered into 
or renewed by the Department of Corrections on or after October 1, 2022. 
PARTB 
Sec. B-1. 30-A MRSA §1566 is enacted to read: 
§1566. Telephone services in jails 
Beginning October 1, 2022, a jail and a service provider that contracts with the jail to 
provide telephone services for residents of the jail shall provide telephone services in 
accordance with this section. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
COMMITTEE AMENDMENT 
t'-.os 
COMMITTEE AMENDMENT •fr to H.P. 853, L.D. 1175 
A. "Jail" means a county or municipal detention facility for which standards are set by 
the Commissioner of Corrections under Title 34-A, section 1208 or a facility for which 
standards are set by the Commissioner of Corrections under Title 34-A, section 
1208-A. 
B. "Resident" means a person who resides in a jail. 
C. "Service provider" means an entity that provides telephone services by contract 
with a jail through which a resident initiates outgoing telephone calls from the jail. 
2. Requirements for service providers. A service provider that enters into or renews 
a contract on or after October 1, 2022 with a jail to provide outgoing interstate and intrastate 
telephone services is subject to the following requirements. The rates and charges that the 
service provider may charge for interstate and intrastate telephone calls made by residents 
may not exceed the rates for interstate telephone calls adopted by the Federal 
Communications Commission in effect on the date of the contract. 
Sec. B-2. Application. That section of this Part that enacts the Maine Revised 
Statutes, Title 30-A, section 1566 applies to all contracts for telephone services entered into 
or renewed by or on behalf of a jail on or after October 1, 2022.' 
Amend the bill by striking out all of the emergency clause. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. It changes the title of the bill and removes the 
emergency preamble and emergency clause. The amendment establishes the rights of 
residents of Department of Conections detention and correctional facilities to telephone 
services. 
The amendment sets requirements for providers of telephone services in 
Department of Conections detention and correctional facilities. The amendment sets limits 
on telephone rates and charges for interstate and intrastate telephone calls made by 
residents of jails and Department of Corrections detention and conectional facilities by 
reference to limitations imposed by the Federal Communications Commission on interstate 
telephone calls made by persons who are incarcerated. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/07/22 :::t?ac:.. 
LD 1175 
LR 1364(02) 
An Act To Prohibit Excessive Telephone, Video and Commissary Charges in Maine Jails and Prisons 
Fiscal Note for Bill as Amended by Committee Amendment 'If' {tf 43&) 
Committee: Criminal Justice and PublicSafety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Corrections associated with this legislation can be absorbed within existing 
budgeted resources. 
LR1364(02) - Fiscal Note - Page 1 of 1