APPROVED

CHAPTER

APRIL 15, 2022

615

BY GOVERNOR

PUBLIC LAW

STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
H.P. 853 - L.D. 1175
An Act To Prohibit Excessive Telephone Charges in Maine Jails and Prisons
Be it enacted by the People of the State of Maine as follows:

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.
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 department 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

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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.
3. Requirements for service providers. A service provider that enters into or renews
a contract on or after October 1, 2022 with the department 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.

PART B
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.
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.

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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.

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