Wa Prison Phone Policies 2007
Download original document:
![Brief thumbnail](/media/cache/ae/3e/ae3eb021867a0f61ef63a3915685cfd5.jpg)
Document text
![Brief thumbnail](/media/cache/ae/3e/ae3eb021867a0f61ef63a3915685cfd5.jpg)
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
APPLICABILITY STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS PRISON OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER NUMBER 7/31/07 1 of 8 DOC 450.200 TITLE POLICY' TELEPHONE USE BY OFFENDERS REVIEW/REVISION HISTORY: Effective: Revised: Revised: Revised: Revised: Revised: Reviewed: Revised: 3/31/91 12/31/96 6/12/00 11/6/00 5/9/03 7/5/05 7/17/06 7/31/07 SUMMARY OF REVISION/REVIEW: Major changes to reflect current practices and incorporate DOC 450.210 Telephone Monitoring and Recording into this policy APPROVED: f·~ HAROLD W. CLARKE, Secretary Department of Corrections 6/21/07 Date Signed 000876 APPLICABI L1TY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS . OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER ·7/31/07 2 of 8 NUMBER . DOC 450.200 TITLE POLICY TELEPHONE USE BY OFFENDERS REFERENCES: DOC 100.100 is hereby incorporated into this policy; RCW 9.73.095; WAC 137-48-080; ACA 4-4280; ACA 4-4497; ACA 4-4497-1; DOC 590.500 Legal Access for Offenders POLICY: I. [4-4497] Offenders in Prison facilities are provided access to public telephones subject to limitations and restrictions to ensure the security and order of the facility and to protect the public. II. [4-4497-1] Offenders will have access to reasonably priced telephone services. The Department will ensure that: A. Contracts involving telephone services for offenders comply with all applicable state and federal regulations. B. Contracts are based on rates and surcharges that are commensurate with those charged to the general public for like services. Any deviation from ordinary consume·r rates reflects actual costs associated with the provisions of services in a correctional setting. . C. Contracts for offender telephone services provide the broadest range of calling options determined by the Department Secretary to be consistent with the requirements of sound correctional management. III. The Department uses an offender telephone monitoring/recording system to enhance facility security, increase offender and public safety, and reduce the occurrence of criminal activities or activities that could be a threat to the orderly operation of a correctional facility. IV. Offender telephone systems in Prison facilities will require offenders to use an Inmate Personal Identification Number (I PIN) when placing phone calls, to provide a means of identifying the offender who initiated a call in the event of a security concern or a .complaint from the public. V. Offenders' constitutional rights will be protected by providing for unmonitored legal phone calls. DIRECTIVE: I. Inmate Personal Identification Number (IPIN) 000877 APPLICABILITY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS' OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER NUMBER 7/31/07 3 of 8 DOC 450.200 TITLE POLICY A. All incoming offenders will be assigned an IPIN during intake at the Washington Corrections Center (WCC) and the Washington Corrections Center for Women (WCCW) Reception Centers. B. Inmates Sentenced to the Death Penalty (ISDP) will be assigned an IPIN at the Washington State Penitentiary (WSP) or WCCW. C. Each offender will sign DOC 21-421 Acknowledgment of Monitoring Telephones and Conversations/Receipt of Inmate Personal Identification Number (IPIN), acknowledging receipt of an IPIN and notification of telephone monitoring; The original is placed in Section 1 of the offender's central file. 1. Offenders will be shown a training video in English or Spanish during orientation to instruct them on the use of an IPIN. 2. An offender's IPIN will remain the same throughout his/her incarceration. 3. Offenders are responsible for the security of their IPINs. D. Counselors and Records staff will randomly audit offender central files to ensure' DOC 21'-421 Acknowledgement of Monitoring Telephones and Conversations/ Receipt of Inmate Personal Identification Number (IPIN) is present. E. Offenders will immediately report lost, stolen, or compromised IPINs to facility' staff, The facility staff will report the loss or compromise to the vendori by email . to inmate@fshcommunications.com. 1. II. TELEPHONE USE BY OFFENDERS Offenders may be charged fora replacement IPIN. Offenders will not be denied an IPIN because of indigency. F. Offenders should report non-working IPINs and other related problems by calling (360) 555-1212. G. Violators returned to a facility will be issued their old IPIN. Offender Initiated Personal Calls A. Signs will be posted advising offenders that their calls may be monitored and . recorded. B. Offenders will not have unsupervised access to staff telephones. C. Superintendents will set hours of availability and limitations for offender initiated personal calls. 000878 APPLICABILITY STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS PRISON OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER NUMBER 7/31/07 4 of 8 DOC 450.200 TITLE POLICY TELEPHONE USE BY OFFENDERS D. Offenders will have personal access to designated offender telephones that have collect call, or prepaid or debit options when available, and are located in accessible areas. E. Offenders will not use the telephone system to continue or initiate criminal activity. F. Custom call features such as, 3-way calling, call forwarding, etc., are not permitted. G. ,Offenders mustenter their IPIN to initiate a telephone call and are responsible for all calls made using their assigned IPIN. An offender's IPIN will work at the facility where s/he is assigned. 1. At the beginning of each call a recorded message will be played to notify the recipient: a. b. c. d. That the call is originating from a Washington State Department of Corrections offender, The name of the offender, To hang up if they do not wish to receive the call, or press the appropriate key to block the call, and . That the call will be recorded and may be monitored. H. Telephones are programmed to.restrict calls to 20 minutes. I. Offenders with hearing and/or speech disabilities, and offenders who wish to communicate with parties who have such disabilities, are afforded access to a TelecommunicationsDevice for the Deaf (TOO). [4-4497] J. 1. Deaf and hearing impaired offender telephone calls placed on TeleTypelTelecommunication Device for theDeaf (TTYITDD) machines from staff or offender telephone lines are subject to the s~me monitoring as all other offender telephone calls, except for,legal calls. 2. Deaf or hearing impaired offenders may be required to use a teletype roll of paper with the TTYITDD machine. When the callis completed, the used teletype paper will be turned in to designated staff for monitoring purposes. An offender who has an incarcerated spouse may be allowed one non-IPIN, .monitored SCAN call every 30 days. 1. The call will not exceed 20 minutes. 000879 APPLICABILITY STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS PRISON OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER NUMBER 7/31/07 5 of 8 DOC 450.200 TITLE POLICY 2. 3. 4. ,K. L. III. TELEPHONE USE BY OFFENDERS These calls will be arranged, supervised, and documented by designated staff. The offender must provide proof of marriage prior to this type of SCAN call being placed. The Superintendent/designee of the facility receiving the call must approve. Superintendents or designees may permit an offender the use of a non-IPIN SCAN telephone line under compelling circumstances such as family emergencies. This type of call will be placed and supervised by staff. Any violations of this policy may result in the loss or suspension of telephone privileges via the disciplinary or classification process. Attorney Calls and Calls to Consular Officers A. Attorney calls and calls to consular officers will not be intercepted, recorded, or monitored. 1. B. Offenders will use an offender telephone to call their attorney. 1. C. Offenders who are foreign nationals have access to a'diplomatic representative of their country of citizenship. [4-4280] The call will not be recorded if the offender uses the telephone number provided to the Department by the Washington State Bar Association, to prevent the offender from making fraudulent calls. This does not prohibit anoffende,r from calling his/her attorney at another telephone number, but that call may be recorded. The following are requirements for offender calls to consular officers: '1. An offender, or his/her consular officer, will be responsible for the cost of the unmonitored and unrecorded telephone calls. 2. All offender calls to consular officers will be placed by st~ff and will be made on a designated telephone. Staff will not listen to the conversation, but will maintain visual contact of the offender when the offender is in an area where security or information may be compromised. 3. The offender will provide staff with the name, location, and telephone number of the cOllsular office. 4. Staff will verify that the information provided is in fact that of a consular officer. The verification need not be. made in the offender's prest1~o 880 APPLICABILITY STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS PRISON OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER NUMBER 7/31/07 6 of 8 DOC 450.200 TITLE POLICY a. IV. Staff will call the Locator Operator of the United States Department of State at (202) 647-4000 to confirm the telephone number of the offender's nearest consular officer. Offender Telephone Use in Work Assignments A. Offenders will not be allowed to place telephone calls to numbers outside the facility from their work areas. B. Offenders may use telephones that access numbers outside the facility if: C. V. TELEPHONE USE BY OFFENDERS 1. Staff dial the call and the person receiving the call is notified that s/he will be talking to an offender, or 2. The call is part of a tele-answering program for CorrectionallndListry (CI) customers who are notified they will be talking to an offender. Offenders· may use telephones that access inside or outside the facility to speak . to Department staff or other offender workers to conduct work-related discussions if staff place the calls. D. Prisons Administrators may approve exceptions to requirements for offender telephone use in work assignments in writing and will forward a copy to the Prisons Deputy Secretary. E. Superintendents must review and approve each offender who will have access to telephones as part of his/her assigned work program. 1. Offenders with a conviction or history of a sex offense will not be allowed telephone access. 2. Offenders with a conviction or history of fraud or other predatory behavior, where the offender has demonstrated a process of grooming the victim through stalking or otherwise laying the groundwork for the criminal act, will not be allowed telephone access. Access to Phone Numbers A. Any offender with a conviction or history of a sex offense will not have access to names, addresses, or phone numbers of private individuals while performing his/her duties in an offender work program. B. Offenders will not have unsupervised access to white page listings of any public telephone directory. 000881 APPLICABILITY STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS PRISON OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER NUMBER 7/31/07 7 of 8 DOC 450.200 TITLE POLICY C. VI. Telephone directories are not allowed in any offender common area. Telephone Monitoring A. The Correctional Intelligence Manager/designee has overall responsibility for the Statewide Offender Telephone Monitoring and Recording Program. B. Superintendents will designate and authorize the following staff to intercept, record, and divulge any telephone calls from an offender using the offender telephone system: 1. 2. 3. 4. 5. Department's Intelligence Manager, Department's Intelligence Coordinator, Investigators assigned to conduct Prison Rape Elimination Act (PREA) investigations, Intelligence and Investigations staff, and/or Other specific staff designated by the Superintendent. C. Staff must successfully complete training before they can engage in monitoring or recording offender phone calls. D. Training will be coordinated with the offender telephone vendor. Training will include: . 1. 2. 3.· 4. 5. VII. TELEPHONE USE BY OFFENDERS Applicable administrative regulations, The legal aspects of monitoring, Reporting responsibilities, Confidentiality requirements, and Technical instruction in the use of the monitoring/recording equipment. E. Staff not attending formal training by the vendor may receive on-site training which will consist of 16 hours or supervised monitoring. The Chief Investigator providing the training will notify the Performance Unit upon successful completion of the training. F. Training received will be documented and maintained through the Performance Unit. Disclosure A. All recordings will be kept in accordance with RCW 9.73.095.. B. The contents of an intercepted and recorded telephone conversation will be divulged only as necessary to safeguard the orderly operation of the facility; in response to a court order, or in the prosecution orinv~stigation of a crime. 000882 APPLICABILITY STATE OF WASHINGTON DEPARTMENTOF CORRECTIONS PRISON OFFENDER/SPANISH MANUALS REVISION DATE PAGE NUMBER NUMBER 7/31/07 8 of 8 DOC 450.200 TITLE· POLICY 1. TELEPHONE USE BY OFFENDERS The Attorney Generals Office will review all court orders prior to the divulgence of the recordings to ensure that it is a court order and has been served lawfully. C. When the recording is used as evidence for an infraction, the infraction will start by indicating the offender was overheard, and include the information that was discussed and what was said to cause an infraction to be written. The Hearing Officer may listen to the telephone call prior to the hearing. An offender will never have access tp or listen to a recorded call. D. An outside agency conducting a criminal investigation or in the prosecution of any crime may request a recording by submitting a written request on agency letterhead. . E. The nature and capabilities of the offender telephone monitoring systems are considered confidential and will not be discussed with general staff or in front of offenders. F. Recording equipment will be installed per approved telecommunication guidelines. DEFINITIONS: Words/terms appearing in this policy may be defined in the glossary section of the Policy Manual. ATTACHMENTS: None· DOC FORMS.: DOC21-421 Acknowledgment of Monitoring Telephones and Conversations/Receipt of Inmate Personal Identification Number (IPIN) 000881