The bill aims to ease the financial burden on inmates and their families
Virginia legislators have passed a bill that would require the Virginia Department of Corrections (VADOC) to use the lowest possible rate for phone and video calls for inmates. The bill, sponsored by Del. Sam Rasoul, D-Roanoke, was approved by the House of Delegates on the last day of the session with some Republican support. The bill now awaits the governor’s signature.
The bill is a response to the high cost of prison phone calls, which can be as much as $5.70 for a 15-minute intrastate call, according to Prison Phone Justice, a group that advocates for affordable communication for inmates. The group estimates that prison phone calls cost families nearly $1 billion a year in the U.S.
The bill is also named after Martha Wright-Reed, who filed a petition with the Federal Communications Commission (FCC) in 2003, seeking to reduce the price of prison phone calls to keep in touch with her incarcerated grandson. Wright-Reed died in 2018, but her advocacy inspired lawmakers and activists to continue the fight for prison phone justice.
The bill would allow the FCC to regulate intrastate prison phone calls
Currently, the FCC can only regulate interstate prison phone calls, which are calls that cross state lines. Intrastate prison phone calls, which are calls within the same state, are subject to the contracts between the state agencies and the third-party companies that provide the phone services. These contracts often include commissions or kickbacks that the state agencies receive from the phone companies, which drive up the cost of the calls.
The bill would amend the Communications Act of 1934 to give the FCC the authority to cap the rates of intrastate prison phone calls, as well as to prohibit or limit any commissions, fees, taxes, or other charges that increase the cost of the calls. The bill would also require the FCC to ensure that the rates are just, reasonable, and fair for inmates and their families.
The bill would also apply to video calls, which are becoming more common in prisons, especially during the COVID-19 pandemic. Video calls can cost up to 20 cents per minute, according to the bill’s fiscal impact statement. The bill would require the FCC to establish rules for video calls that are similar to those for phone calls.
The bill would have positive impacts on inmates and their families
Supporters of the bill argue that lowering the cost of prison phone calls would benefit inmates and their families in many ways. They say that:
- Prison phone calls are a lifeline for inmates and their loved ones, who are often separated by hundreds of miles and lack the time and means to make regular visits. Phone calls can help maintain family ties, provide emotional support, and reduce loneliness and isolation.
- Prison phone calls can reduce recidivism and improve public safety, as studies have shown that inmates who have regular contact with their families are less likely to reoffend and more likely to reintegrate into society after their release. Phone calls can also help inmates access legal, educational, and health services, and prepare for their transition to the community.
- Prison phone calls can improve prison conditions and security, as research has indicated that inmates who have access to affordable communication are less likely to engage in misconduct, violence, or self-harm, and more likely to comply with prison rules and staff. Phone calls can also foster a culture of respect and dignity in prisons, and reduce the demand for contraband cell phones.
The bill faces some challenges and opposition
Despite the overwhelming support for the bill, there are some challenges and opposition that could hinder its implementation and effectiveness. Some of these are:
- The bill could face legal challenges from the phone companies or the state agencies, who could argue that the bill violates their contractual rights or their state sovereignty. The bill could also face constitutional challenges on the grounds of federalism, commerce, or due process.
- The bill could have negative fiscal impacts on the state budget and the prison system, as the VADOC and other state agencies rely on the commissions from the phone contracts to fund their operations and programs. The bill could also reduce the revenue of the phone companies, which could affect their quality of service or their willingness to invest in new technologies.
- The bill could have unintended consequences on the inmates and their families, as the phone companies or the state agencies could impose other restrictions or limitations on the phone calls, such as reducing the number of phones, the duration of the calls, or the availability of the calls. The bill could also create a disparity between the inmates who can afford the phone calls and those who cannot, or between the inmates who have access to video calls and those who do not.
