An Act To Prohibit Excessive Telephone, Video and Commissary Charges in Maine Jails and Prisons
Maine Legislature, Session 130, LD 1175
Committee: Criminal Justice and Public Safety
Sponsors: KINNEY, TUCKER
Amends: 34-A MRSA §3014

Legislative Document
No. 1175
H.P. 853
House of Representatives, March 22, 2021
An Act To Prohibit Excessive Telephone, Video and Commissary 
Charges in Maine Jails and Prisons
(EMERGENCY)
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative KINNEY of Knox.
Cosponsored by Representative: TUCKER of Brunswick.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, incarcerated individuals have limited access to the world outside of the 
correctional facility where they are housed; and
Whereas, access to family, friends, counsel and others outside of the correctional 
facility and access to services such as video or commissary services are necessary for the 
mental and physical well-being of incarcerated individuals; and
Whereas, many incarcerated individuals do not have the funds or other means to 
afford access to people and services or are forced to pay limited and needed funds to pay 
for access to people or services, with adverse effects on the individuals' mental and physical 
well-being; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-A MRSA §3014 is enacted to read:
§3014.  Service charges and contracts
1.  Service charges.  A detention facility or correctional facility under the jurisdiction 
of the department, a county or municipal detention facility under section 1208 or another 
facility under section 1208-A may not accept or receive a commission or income in any 
form from services provided by an outside provider to a client or impose a surcharge for 
services provided by an outside provider to a client, including telephone, video or 
commissary services.
2.  Contracts for services.  The department shall negotiate a contract for services from 
an outside provider, including from a telephone, video or commissary provider, on the basis 
of the lowest cost for the client.  A contract for services may not include a connection fee 
charged to the client and a contract for telephone services may not exceed a rate of 11¢ per 
minute for domestic, debit, prepaid and collect telephone calls and must allow for a client 
to receive 2 15-minute telephone calls per week at no charge to the client.  A contract 
negotiated under this subsection must give a county or municipal detention facility under 
section 1208 and another facility under section 1208-A the option to opt in as a joint party 
with the department.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill prohibits the Department of Corrections, county jails and municipal detention 
facilities from accepting a commission or charging a fee for the provision of services from 
an outside provider to incarcerated individuals, including telephone, video and commissary 
services. This bill also requires the department to negotiate contracts for services, allowing 
county jails to opt in, at the lowest cost to the client.  A contract for services may not include 
a connection fee.  A contract for telephone services may not exceed a rate of 11¢ per minute 
and must allow incarcerated individuals to receive 2 15-minute telephone calls per week at 
no charge.