An Act To Protect Persons Detained or Committed in a Correctional or Detention Facility from Excessive Telephone or Video Charges
Maine Legislature, Session 130, LD 0279
Committee: Criminal Justice and Public Safety
Sponsors: TUCKER
Amends: 34-A MRSA §1208, 34-A MRSA §3031

Legislative Document
No. 279
H.P. 195
House of Representatives, February 1, 2021
An Act To Protect Persons Detained or Committed in a Correctional 
or Detention Facility from Excessive Telephone or Video Charges
Received by the Clerk of the House on January 28, 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 TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-A MRSA §1208, sub-§8 is enacted to read:
8.  Communications.  The standards established by the commissioner under this 
section must include the right to communications for inmates of county and municipal 
detention facilities as follows.
A.  The county or municipal detention facility shall provide each inmate the 
opportunity to communicate by means of telephone or video call 2 times per week 
without charge to the inmate, the inmate's family or a person receiving the call.
B.  The county or municipal detention facility may provide communications services 
by means of telephone or video calls or may contract for communications services with 
an outside entity to provide access to telephone or video calls for inmates.
C.  A county or municipal detention facility may not enter into a contract with an 
outside entity for communications services pursuant to paragraph B that:
(1)  Results in a charge to the inmate, the inmate's family or a person receiving the 
call that exceeds 11¢ per minute for domestic debit, prepaid or collect calls; or
(2)  Results in a commission, surcharge or additional fee payable to the county or 
municipal detention facility that exceeds the charges imposed by the outside entity 
on the inmate, the inmate's family or a person receiving the call.
Sec. 2.  34-A MRSA §3031, sub-§8, as amended by PL 2019, c. 139, §2, is further 
amended to read:
8.  Visitation.  A reasonable opportunity to visit with relatives and friends, in 
accordance with departmental policies and institutional procedures, provided except that 
the department may restrict or prohibit visits when the restriction or prohibition is necessary 
for the security of the institution; and
Sec. 3.  34-A MRSA §3031, sub-§9, as enacted by PL 2019, c. 139, §3, is amended 
to read:
9.  Menstrual products.  Comprehensive access to menstrual products, including, but 
not limited to, sanitary pads and tampons, provided and available at all times and without 
inconvenience or charge to a person who menstruates who resides in a correctional or 
detention facility.; and
Sec. 4.  34-A MRSA §3031, sub-§10 is enacted to read:
10.  Communications.  Communications by means of telephone or video call as 
follows.
A.  The correctional or detention facility shall provide each prisoner or detainee with 
the opportunity to communicate by means of telephone or video call 2 times per week 
without charge to the prisoner or detainee, that person's family or a person receiving 
the call.
B.  The correctional or detention facility may provide communications services by 
means of telephone or video calls or may contract for communications services with 
an outside entity to provide access to telephone or video calls for prisoners or detainees.
C.  A correctional or detention facility may not enter into a contract with an outside 
entity for communications services pursuant to paragraph B that:
(1)  Results in a charge to the prisoner or detainee, that person's family or a person 
receiving the call that exceeds 11¢ per minute for domestic debit, prepaid or collect 
calls; or
(2)  Results in a commission, surcharge or additional fee payable to the correctional 
or detention facility that exceeds the charges imposed by the outside entity on the 
prisoner or detainee, that person's family or a person receiving the call.
SUMMARY
This bill protects inmates in county jails and municipal detention facilities and 
prisoners or detainees in state correctional and detention facilities from excessive telephone 
and video communications charges.  The bill amends the law governing standards 
established by the Commissioner of Corrections for inmates of county jails and municipal 
detention facilities and establishes the right to communications 2 times per week without 
charge.  The bill contains similar rights for prisoners and detainees in Department of 
Corrections correctional and detention facilities.  The bill allows county jails and municipal 
detention facilities to contract for communications services and limits the charges that may 
be imposed and fees to be paid to the jails and municipal detention facilities for the calls.  
The bill includes similar provisions to protect prisoners and detainees in Department of 
Corrections correctional and detention facilities.