CELL PHONES IN PRISONS - SECURITY CONCERN OR FINANCIAL FARCE?

For years, prison administrators have held the party line that inmate cell phone access in prisons is one of the biggest security threats they face. While there are some legitimate security concerns, the primary problem with inmates having cell phones isn't the calls they make, who they call or what they talk about, it's how much money prisons DON'T make when inmates have alternatives to the prison-provided inmate telephone systems. 

The IDOC (for example) receives more than a quarter million dollars PER MONTH on inmate telephone calls due to the kickbacks they receive from the inmate telephone service provider (CenturyLink / Inmate Calling Solutions, ICS) on each call made by a prisoner on the inmate telephone system [FN1]. With every kicked back dollar representing pure profit, the IDOC (and other prison systems) jack up the security risk rhetoric when there is even a chance that prisoners can bypass this untethered, runaway revenue generating machine.

That said, the rates charged to IDOC prisoners (housed in Idaho) are, dare I say, comparatively reasonable - when compared to many other states - and while I do not have the numbers, I would suspect that the lower the phone rates, the less need there is for a prisoner to have a cell phone - and the less incidence of them actually being used (though egregious atrocities going on with the IDOC/Jpay inmate email system may tend to raise these numbers now and in the future). The cost of a cell phone to a prisoner could be thousands of dollars, with the possibility of additional felony charges being filed against them in some states and circumstances, though some find it worth any cost or risk to be able to do something as simple as accessing the internet or talking to a loved one.

Were the issue one simply of security as argued - defined as the inability of prison staff to monitor and/or record telephone conversations between prisoners and those outside - there would be no restrictions on the prisoner use of toll free and other such numbers when making calls via the inmate telephone system. Further, three - way, conference and similar calls would be authorized, as all could be recorded/monitored just as all other calls. It is clear then that [these] restrictions serve no penological interest or legitimate security concerns, rather, they are designed to generate the most revenue possible for the IDOC.

On January17, 2018, federal prison officials tested [cell phone] jamming technology in a prison located in Cumberland, MD despite several rulings by the FCC in the past preventing the use of such jamming or other equipment designed to interfere with cell phone communications, citing the inability to prevent the jamming of unintended "targets" in the area. The new FCC Chairman Ajit Pai recently told Congress that he would be willing to put together a group to review the "proliferation of contraband wireless devices in prisons and the potentially devastating implications for public safety."

Whether or not these tests will result in full scale use of electronic signal jamming devices in the federal prison setting is unclear, however, in the event the federal prisons do use the technology in their system, you can bet that the states won't be too far behind. (NOTE: Many companies, including CenturyLink, ICS and/or JPay, offer these "jamming' services, but they are currently not used in Idaho - to my knowledge anyway.)

The effort to thwart cell phone communications between prisoners and the real world is said to prevent prisoners from carrying on "with criminal efforts" from behind bars with people on the streets - something that could still be done through the mail, or on monitored phones. Prisoner cell phones have also been used to document abuses and illegal acts of both staff and inmates alike behind the walls, creating embarassment for prison officials. These phones are however more likely to be used simply as a significantly cheaper, and in some instances, the sole means to stay in contact family and friends.

For more information, articles, statistics and updates on legislative efforts in the continuing fight against the exorbitant telephone rates, fees and surcharges paid by prisoners and their families across the country, check out the Prison Legal News website at www.prisonlegalnews.org. 


[FN1] Additionally, these kickbacks are now being collected on each email, attachment and videogram sent or received by IDOC prisoners via JPay, increasing the state's take to more than $350K in some months.

DS