2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 30. Corrections › Part 1. Adult Offenders › 53-30-153. Telephone account requirements for state prisons -- protected accounts -- disclosure required -- rulemaking -- definitions

53-30-153. (Temporary) Telephone account requirements for state prisons -- protected accounts -- disclosure required -- rulemaking -- definitions.
(1) A state prison that contracts with a telecommunications service provider to provide telecommunications services for inmates shall, to the extent feasible, contract with a telecommunications service provider to provide communications services for inmates that:
(a) provides public safety precautions required by the department of corrections;
(b) prohibits expiration of prepaid minutes or charges;
(c) does not charge additional usage or dormancy fees;
(d) does not charge excessive intrastate fees that are greater than 10 cents a minute;
(e) does not require monthly usage fees; and
(f) allows rollover of unused, prepaid minutes into the next month unless the inmate for whom the account was set up is no longer able to use the telephone account, whether for disciplinary reasons or other reasons specified by department rule. No refund is required for unexpired minutes subject to this subsection (1)(f).
(2) Every contract entered into by a state prison for communications services under subsection (1) must require the telecommunications service provider to notify the purchaser of a prepaid telephone account of any fees or refunds that are available for unused minutes on a prepaid telephone card and mail the refund to the purchaser's address of record.
(3) The department of corrections has rulemaking authority to implement this section and shall notify the public service commission of the allowable rate that a telecommunications service provider may charge for intrastate calls under contract with the department of corrections.
(4) For purposes of this section, the following definitions apply:
(a) "Prepaid telephone account" means a system, whether purchased as a calling card or set up as an account with a telecommunications service provider, to provide telephonic connections in which the purchaser pays for minutes prior to use. The term does not include a lifeline account, defined under 47 CFR 54.401, for which a telecommunications carrier receives universal service support.
(b) "State prison" has the meaning provided in 53-30-101(3)(c)(i) through (3)(c)(iii) and (3)(c)(v).
(c) "Telecommunications service provider" has the meaning provided for "operator service provider" in 69-3-1102.
53-30-153. (Effective April 30, 2024) Telephone account requirements for state prisons -- protected accounts -- disclosure required -- rulemaking -- definitions.
(1) A state prison that contracts with a telecommunications service provider to provide telecommunications services for inmates shall contract with a telecommunications service provider to provide communications services for inmates that:
(a) provides public safety precautions required by the department of corrections;
(b) prohibits expiration of prepaid minutes or charges;
(c) does not charge additional usage or dormancy fees;
(d) does not charge excessive intrastate fees that are greater than 10 cents a minute;
(e) does not include ancillary service fees, including prepaid telephone cards, collect calls, and single pay calls that total more than 3% of the base charge; and
(f) allows rollover of unused, prepaid minutes into the next month unless the inmate for whom the account was set up is no longer able to use the telephone account, whether for disciplinary reasons or other reasons specified by department rule. No refund is required for unexpired minutes subject to this subsection (1)(f).
(2) Every contract entered into by a state prison for communications services under subsection (1) must require the telecommunications service provider to notify the purchaser of a prepaid telephone account of any fees or refunds that are available for unused minutes on a prepaid telephone card and mail the refund to the purchaser's address of record.
(3) The department of corrections has rulemaking authority to implement this section and shall notify the public service commission of the allowable rate that a telecommunications service provider may charge for intrastate calls under contract with the department of corrections.
(4) For purposes of this section, the following definitions apply:
(a) "Prepaid telephone account" means a system, whether purchased as a calling card or set up as an account with a telecommunications service provider, to provide telephonic connections in which the purchaser pays for minutes prior to use. The term does not include a lifeline account, defined under 47 CFR 54.401, for which a telecommunications carrier receives universal service support.
(b) "State prison" has the meaning provided in 53-30-101(3)(c)(i) through (3)(c)(iii) and (3)(c)(v).
(c) "Telecommunications service provider" has the meaning provided for "operator service provider" in 69-3-1102.
History: En. Sec. 1, Ch. 262, L. 2017; amd. Sec. 2, Ch. 11, L. 2023.