Ga Prisoner Phone Policies 2007
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GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures Functional Area: Facilities Operations Reference Number: IIB01-0007 10/15/07 Subject: Inmate/Probationer Access to Telephones Authority: Donald/Depetro I. Revises Previous Effective Date: Page 1 of Effective Date: 12/15/07 13 POLICY: A. To provide inmates/probationers equitable access to telephones. with reasonable and B. Inmate/Probationer telephone calls will be appropriately supervised in a manner designated by the Warden/Superintendent and consistent with the nature of the facility. C. Emergency calls from family and friends of inmates and calls from attorneys will be directed to the appropriate staff member, generally the inmate’s assigned counselor or the chaplain, as designated by the Warden/Superintendent for verification and further action as indicated based on the nature of the individual situation. D. No long distance telephone calls for inmates/probationers will be made at the facility’s expense without appropriate authorization from the Warden or designee. E. Boot Camp inmates will only have access to phones in accordance with I.C. above. F. All Inmate Phone System computer equipment will be maintained in a secure area and be inaccessible to inmates/probationers at all times. All inmate phone system records to include User I.D.s, Passwords, inmate call allow lists and other confidential telephone information are deemed a part of the inmate’s official record. G. Audio recordings of inmate calls and both manual and online records of inmate calls are confidential records and are deemed part of the inmate record. Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 II. Page 2 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 APPLICABILITY: State Prisons, Private Prisons, Probation Detention Centers, Transitional Centers, Diversion Centers, Inmate Boot Camps and Probation Boot Camps housing GDC inmates. III. RELATED DIRECTIVES: IV. A. GDC Rules: 125-2-1-.01 (d) and 125-3-2-.04 (f) 7. B. GDC SOPs IVO14-0001 and IIB02-0001. C. ACA Standards: 3-4260, 3-4259 and 3-4439. DEFINITIONS: As used apply: V. in this the following definitions shall A. Attorney: The inmate’s attorney of record. B. Emergency Telephone Calls: Calls involving critical family illness, death or other matters as determined by the Warden/Superintendent. ATTACHMENTS: Attachment 1 - Diagnostic/Permanent Allow List. Attachment 2 - Inmate/Probationer Form. Attachment 3 VI. document, Inmate/Probationer Telephone Trouble Call Report Record of Monitoring of Inmate Phone Calls PROCEDURE: A. Access and Use of Telephone Equipment: 1. Each facility will be responsible for providing access to telephone services for inmate/probationers in accordance with Section VI. of this SOP. 2. Inmates meeting facility’s criteria will be permitted a telephone call at least once a month. Emergency telephone calls and attorney calls as covered in I.C. of this SOP will not constitute the minimum monthly telephone call permitted. Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 3 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 3. Each inmate will have an established phone list of up to a maximum of twenty (20) persons. The phone list does not have to correspond to the visitation list. The inmate may have persons on the phone list that are not on his/her visitation list. 4. Only calls to phone numbers on the inmate’s approved phone list can be placed through the inmate phone system. Calls to cell phone numbers are not allowed. Calls to remote forwarding numbers are also not allowed. 5. The Indigent Defense Council is a Georgia State agency, which provides legal services and information to indigent groups in Georgia, including inmates. Inmates must be given the opportunity to choose to add this agency’s number 404-232-8900) (to their call allow lists as one of the twenty numbers they are allowed. The recording feature must be blocked on all calls to this number so these calls are NOT recorded. Notices must be posted in housing units or this information must be placed in the Inmate Handbook informing inmates that they may choose to add the Indigent Defense Council’s number to their call allow list as one of their 20 allowed numbers. 6. Normal operating hours for the inmate telephones will be scheduled during non-work hours Monday through Friday and all day on Saturday, Sundays and holidays. The Warden/Superintendent shall have the authority to enable telephone operations during working hours for good cause. Operation hours will generally extend until lock down or lights-out time on a daily basis. 7. Phone units in all facilities (with the exception of the TTD phones) must be set with a 15-minute maximum limit on all calls. TTD phones must be set with a 30-minute maximum limit. Phones will automatically cut-off when the time limit is reached. 8. Disciplinary infractions related to telephone issues may result in restriction of telephone privileges in addition to other sanctions. 9. Inmates under investigation for serious criminal offenses (i.e. Murder, Homicide, Rape, Assault on Staff, etc) will have their phone privileges suspended until the investigation is complete. Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 10. Page 4 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 The Warden/Superintendent shall have the authority to disable the Inmate Telephone System at his or her facility. This measure shall be enacted in emergency situations only. If the measure lasts for more than 24 hours, the Warden/Superintendent shall have written approval from the Field Operations Manager (FOM) before the initial 24-hour time period ends. If the system is disabled for more than 48 hours, the Warden/Superintendent shall have written approval from the Director of Facilities Operations before the initial 48-hour time period ends. B. Staff System Access: In order to access the administrative control system, the authorized users must be assigned a User I.D. and Password. Once a user logs onto the system, the computer system tracks every action of the authorized staff while working in the administrative control system. Under no circumstances will staff give out their Passwords and/or User I.D. to anyone else. The person assigned a Password and User I.D. will be held fully accountable for any unauthorized activity, which takes place under those identifiers. C. Level of Access: For authorized staff at all facilities, user capability will be based on the individual assigned level of access to the administrative control system. 1. There are three levels of access available within the administrative control system for authorized staff: a. Data Entry Access: Each facility will designate staff authorized only to enter data into the computerized telephone system. This includes the entry of inmate/probationer call allow list data, entry (updating) of changes to previously entered numbers and entry of information related to inmate/probationer privileges, such as length of call (if different from the standard fifteen [15] minutes), number of calls that can be made in a specified time period, the time of day and the days of the week the telephone can be used and the entry of restriction of telephone privileges based on disciplinary action. b. Call Search Access: Each facility’s designated Inmate Telephone Site Administrator and backup administrator will have Call Search Access to allow review and research of telephone data for cross-reference purposes, to trouble shoot Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 5 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 problems and to detect possible misuses of the telephone. To obtain this level of access, an authorization form must be completed and signed by the Warden. c. D. Call Monitoring Access: This level of access will allow the monitoring of live and recorded calls and will be limited to the Warden and his or her designees at each prison and the Superintendent and his or her designees at each Center. It is prohibited for any staff to monitor live or recorded calls without specific and sufficient justification for cause (See Section VI D.3. below). Call Monitoring Procedures: Monitoring activities are exclusively limited to the Warden and his or her designees at prison facilities and to the Superintendent and his or her designees at Centers. A Record of Monitoring Inmate Calls form (Attachment III) and a logbook entry must be on file for all live or recorded calls monitored. 1. The inmate telephone system automatically records all inmate calls unless a number has been blocked for recording purposes. Calls placed to the inmate’s attorney of record and to the Indigent Defense Council will be entitled to attorney-client confidentiality and will not be recorded or monitored if the inmate designated the number as being that of his/her attorney of record on the call allow list. It is the inmate’s responsibility to insure that the attorney is clearly designated on the call allow list. When monitoring calls, it is the responsibility of the person monitoring to ensure they are not monitoring an attorney call. 2. It is the responsibility of each facility to insure that inmates/probationers are aware that telephone calls may be monitored/recorded. The Warden/Superintendent of every facility must inform, in writing, the entire inmate/probationer population that telephone calls may be monitored and/or recorded. This notice must be posted by each inmate telephone. 3. Monitoring will be conducted if the inmate/probationer is suspected of, is attempting to, or is in the process of, compromising the safety, security, or integrity of the facility, Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 6 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 staff, other inmates or the general public. The Warden/Superintendent or Designee must complete a Record of Monitoring Inmate Calls form (Attachment III). Additionally, an Inmate Telephone Monitoring Log must be established. The Log must include the following information on all monitored calls: Date and time monitoring done; Number monitored; Inmate’s Name and number; Name of person called; Name of person monitoring; and a brief statement of reason why monitoring was authorized. It is the responsibility of the Warden or Designee to ensure they are not monitoring calls protected by attorneyclient privilege. 4. All requests from outside agencies (i.e.: FBI; GBI; other law enforcement agencies) to monitor inmate calls must be placed in writing to the Warden of the facility housing the inmate with detailed information regarding why the request is being made. The Warden will forward this information to the Facilities Operations Director who, in turn, will forward the request to the Corrections Division Director for review and authorization as appropriate. Requests form GDC staff outside the facility (I.e.: Special Investigations, Inmate Affairs, etc.) to monitor inmate calls will be placed in writing and referred directly to the Facilities Operations Director for review and authorization as appropriate. 5. Written documentation of telephone monitoring (i.e.: Record of Monitoring Inmate Calls forms and Inmate Telephone Monitoring Log) must be maintained on file at the facility for auditing purposes and must be maintained in a confidential manner. The Record of Monitoring Inmate Calls Form will be maintained in a confidential area in the Warden/Superintendent’s office and made a part of the official record. Should the offender transfer to another facility, this form shall be forwarded to the receiving Warden/Superintendent. The logbook will be maintained by the Warden’s Office and maintained in a secure manner. GDC audit teams and GDC Central Office Corrections Division staff will Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 7 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 be allowed to access these records for auditing and review purposes. 6. E. F. Monitoring must be done in a private, confidential setting, out of sight and sound of other staff and inmates in order to preserve the confidentiality of information obtained. Headphones may be used to contain sound, but the monitor must be out of sight of all inmates and staff not authorized to monitor calls. On-Site Inmate Phone System (IPS) Staff: 1. IPS staff are located at the following GDC Diagnostic Facilities: Metro S.P., Coastal S.P. and GD&CP. Additionally, an IPS employee is located at Telfair State Prison. IPS staff (employees of the phone contractor and not GDC) are on-site full time and serve as Site Administrators for the inmate telephone system at these locations. These employees must adhere to all Georgia Department of Corrections policies, procedures, rules and regulations and will be subject to all regulations contained in this SOP. Any breach of the aforementioned will result in action pursuant to the Employees Standard of Conduct SOP IVO14-0001. 2. Background Checks: Inmate Phone System staff are required to have background checks completed prior to being approved to work in GDC facilities. The Inmate Phone Contractor will contact the GDC Inmate Telephone Contract Manager when they want a new employee approved to enter GDC facilities. Background checks will be completed by GDC Central Office staff and approval or disapproval will be relayed from the GDC Inmate Telephone Contract Manager to the Inmate Phone Contractor. Upon approval, arrangements will be made for a GDC Vendor Identification Card to be made at a GDC facility. Centralized Data Base: 1. While in Diagnostics, an inmate’s initial call allow list will be completed and entered into the centralized inmate telephone data base, using the Diagnostic/Permanent Innate/Probationer Call Allow List (Attachment I). With the centralized data base, when an inmate is transferred from one GDC facility or private prison to another GDC facility or private prison, the phone list will already be in the system Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 8 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 and will only need to be updated when it is time for the six-month review and update. 2. The call allow list, once completed by the inmate/probationer, is a confidential document and must not be left in plain view of other inmates/probationers, given to other inmates or in any way left unsecured. 3. The Inmate PIN or identifying number is the inmate or probationer’s State ID number. 4. Information on the call allow list includes the telephone numbers (up to a maximum of 20) the inmate wants on his/her list, the relationship of the parties to the inmate, and the name, address, city and state of the people whose numbers are being placed on the list. Complete information must be given before a number can be entered into the telephone system. All phone numbers must be tied to a phone located at the physical address listed. Remote forwarding is a violation of policy. Cell phone numbers are not authorized for placement on inmate call allow lists. 5. Information on the call allow list will be reviewed and verified by the inmate’s assigned counselor to ensure the accuracy and completeness of information. Attorney of Record entries must be verified to ensure that the number listed does belong to the Attorney of Record and that the person listed is, in fact, the inmate’s Attorney of Record. Verification is not required for the Indigent Defense Council’s number as specified in Section VI. A.5. of this policy. The counselor must also ensure that no victims of the offender are listed on the call-allow list unless authorized by the Warden. 6. The data entry staff will indicate whether the phone list is the initial or an update by circling the appropriate information on the Call Allow List (Attachment I) at the time the data is entered into the system. Once the initial list is entered, sixmonth revisions will be based on the last digit of the inmate’s identification number. The system will work as follows: Last Digit of ID# 0 or 5 Six-Month Review January & July Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 G. Page 9 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 1 or 6 February & Aug. 2 or 7 March & Sept. 3 or 8 April & October 4 or 9 May & November 7. The inmates will be held accountable for submitting their call allow list to their assigned facility counselor in the appropriate months for review. The facility must list the six-month phone review list schedule in the Inmate Handbook or post in all inmate living units. 8. Once the data is entered, the call allow list, including both the initial and updates, will be placed in the inmate/probationer’s official record/file and retained in accordance with the official records retention schedule for that file. Inmate/Probationer Responsibilities: 1. The inmate/probationer is responsible for providing accurate information regarding the call allow list (Attachment I). Any inmate/probationer who gives deceiving or deliberately inaccurate information in an effort to deviate from/circumvent these established procedures shall be subject to disciplinary action through the inmate disciplinary process (SOP IIB02-0001). 2. The inmate/probationer is responsible for providing accurate information regarding his/her attorney of record and designating the number, as that of his/her attorney to insure calls to the attorney are not monitored and/or recorded. 3. The inmate/probationer is responsible for using the phone system in accordance with operating instructions. Misuse of the phone system, including providing incorrect identification information (ID number; name; etc.) or failing to follow directions given through phone system prompts, will result in disciplinary action which may include loss of phone privileges in addition to other sanctions. 4. The inmate/probationer is responsible for updating his/her call allow list (Attachment I) if desired. Every six months, during the months specified based on the inmate/probationer’s identification number as listed in the schedule in Section VI. F.6. of this Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 10 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 SOP, the inmate/probationer may complete a revised call allow list and submit it to his/her assigned counselor for processing. 5. H. The inmate/probationer will obtain the Inmate/Probationer Telephone Trouble Report Form (Attachment II) from the designated area in the facility to report any problems with the inmate phone system. This form will be used instead of the standard Inmate Request Form to report trouble with the inmate phone system. Once the form is completed by the inmate/probationer, he/she will forward the form addressed to the Inmate Telephone Site Administrator via the internal facility Inmate Mail system. Staff Responsibilities: 1. The inmate’s/probationer’s assigned counselor is responsible for verifying the accuracy and completeness of information on the inmate’s/probationer’s call allow list (Attachment I), and the accuracy of the inmate’s/probationer’s attorney of record information. The inmate’s/probationer’s assigned counselor must verify the accuracy of the inmate’s/probationer’s State I.D. number in order to ensure the correct number is given to the Inmate Telephone Site Administrator or designee who enters call allow list data into the inmate telephone system. Additionally, the counselor must ensure that no victim’s telephone numbers are on the Call Allow List (Attachment One). 2. Verifying the accuracy of the information given for the inmate/probationer attorney of record is critical as, once approved, these calls WILL NOT be Monitored/Recorded to ensure the confidentiality of attorney/client privilege. Once verified, the call allow list will be forwarded to the Warden or designee for approval. 3. The designated data entry staff/Site Administrator will ensure that when an inmate’s/probationer’s attorney of record or the Indigent Defense Council’s number is entered into the computerized telephone system, that the record feature of the system is blocked for that number. 4. The designated data entry staff/Site Administrator is responsible for accurately entering the Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 11 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 inmate/probationer telephone information within five days of receipt. 5. In the event an inmate/probationer experiences a problem with a telephone number, the inmate/probationer will follow the procedure as outlined in Section VI.G.5 above. The Inmate/Telephone Trouble Report Form (Attachment II) will be completed and forwarded by the inmate/probationer to the Inmate Telephone Site Administrator. The Site Administrator will address the problems and respond to the inmate within five days of receipt of the Trouble Report. 6. Once the action on the Trouble Report is completed by the Inmate Telephone Site Administrator, the completed form will be kept on file by the Site Administrator and be made available for audit purposes. A copy of the Trouble Report form will be returned to the inmate/probationer to inform the inmate of the status of the problem reported. 7. The Inmate Telephone Site Administrator will establish a logbook system to document telephone system activity/information. The first two logbooks will be maintained by the Inmate Telephone Site Administrator while the third book will be maintained at the facility entrance POST. Logs will be established as follows: a. Establish a logbook to document all action by the facility to report trouble (who reported, what was reported, when reported, where reported, why reported and what action was taken) or to document information received from the telephone vendor on problems related to inmate/probationer call allow lists or any other problems. b. Establish a logbook to document all visits by the Contractor’s Inmate Phone System representatives (technician, trainer, etc.) to the facility, to include date and time of arrival, reason for visit, action taken and time of departure. This logbook will be kept by the Site Administrator to insure that he/she is aware of IPS staff being in the facility and activity taking place on the phone system as a result of each visit. Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 c. Page 12 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 An after-hours logbook will be set-up in Central Control or at the facility entrance POST for IPS staff to sign when visiting the facility after normal work hours. I. Transitional and Diversion Centers: A collect only and coin operated telephone system is installed at these facilities. This system does not have the security features of the Inmate Telephone System requiring the entry of a call allow list and will not have security features such as monitoring or recording capability. The telephone system will be programmed for a fifteen (15) minute call limit. Transitional and Diversion Centers will continue to utilize their established documentation and procedures for access to telephones. Information related to call allow lists in this SOP will not apply at these facilities. J. Customer Service/Reporting of Telephone Problems: 1. If calls are received at the facility from family members of inmates or others regarding complaints related to the Inmate Phone System, designated staff at the facility will advise the caller to contact the Families and Friends Customer Service Line at 1800-231-0193. 2. If the facility experiences problems with the telephone system that cannot be corrected by facility personnel, the facility should contact the Trouble Help Desk and open a trouble ticket. This information should then be documented in the Inmate Phone System Logbook. 3. In the event a facility needs to place a block on a telephone number at the request of a called party, or for any other reason, the facility will contact the Georgia Block Manager. This information should also be recorded in the Inmate Phone System Logbook. VII. RETENTION SCHEDULE: Attachment 1: Once completed, this form will be placed in the inmate/probationer administrative case history file and retained according to the official records retention schedule for that file. Attachment 2: Once completed, the original of this form will be kept on file by the Site Administrator for one year for audit purposes and a copy will be returned to the Functional Area: Prev. Eff. Date: Facilities Operations 10/15/07 Page 13 of 13 Effective Date: Reference Number: 12/15/07 IIB01-0007 inmate/probationer. The original will be kept on file for one year and then destroyed. Attachment 3: Once completed, this form will be kept in a confidential area in the Warden/Superintendent’s office and be made available for audit purposes as specified in this SOP.