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Court Stops FCC's Latest Attempt To Lower Prison Phone Rates (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: Prison phone companies have convinced a court to halt new rate caps on inmate calling for the second time this month. The first stay was issued March 7 and prevented the FCC from implementing new rate caps of 11 cents to 22 cents per minute on both interstate and intrastate calls from prisons. But the stay -- which remains in place while the prison phone companies' lawsuit against the FCC is still pending -- did not disturb an earlier "interim" cap of 21 cents to 25 cents per minute that applied only to interstate calls, those that cross state lines. The order also didn't specifically object to the FCC changing its definition of "inmate calling service" to include both interstate and intrastate calls. Seizing on this ambiguity, the FCC decided that it could impose the interim caps on both interstate and intrastate calls. But prison phone companies Securus Technologies, Global Tel Link (GTL), and Telmate all asked the federal appeals court to stop the caps from being applied to intrastate calls. A court order issued Wednesday sided with the prison phone companies, saying that "petitioners have satisfied the stringent requirements for a stay pending court review." As a result, the interim rate caps will still apply only to interstate calls.

44 of 197 comments (clear)

  1. Where do inmates get money for calls? by Anonymous Coward · · Score: 2, Interesting

    They're allowed access to their finances? Does this create a rift in equality? Why don't they just get an allotment of minutes?

    1. Re:Where do inmates get money for calls? by Anonymous Coward · · Score: 5, Insightful

      Because the for-profit prison industry wouldn't make as much money that way.

    2. Re:Where do inmates get money for calls? by ShanghaiBill · · Score: 4, Insightful

      They're allowed access to their finances?

      They are often able to call collect. When my brother was in prison (for assaulting a police officer) he called me collect several times. Inmates are usually able to work in prison industries for pay. Some prisons do manufacturing. My brother learned how to operate a metal lathe and vertical mill while doing time. Some prisons even run call centers.

      Does this create a rift in equality?

      Prison is already very unequal.

      Why don't they just get an allotment of minutes?

      Then the prison has no incentive to keep the phone system operational, and the inmates will have less incentive to work.

    3. Re: Where do inmates get money for calls? by Anonymous Coward · · Score: 3, Informative

      The rest are still "for profit" because inmate labor saves the states millions upon millions of dollars in wages every year. Litter cleanup, pothole crews, hospital laundry, furniture construction, all of this is done by prisoners. In some cases it's contracted out to private industry and the state makes good money, there are prison laundries that process hotel linens for example. The inmates are paid pennies per hour, if that, and the state reaps the benefits.

    4. Re:Where do inmates get money for calls? by Aighearach · · Score: 3, Informative

      Instead of a minimum wage, they have a maximum wage (around $4/hr average). But the average wage is 93 cents/hr and the lowest is 16 cents.

      So a cheap phone call at a discount rate of only $10/minute, they can talk to family for a few minutes a week. And that is only if they're not being extorted by other inmates for the money.

    5. Re:Where do inmates get money for calls? by Anonymous Coward · · Score: 5, Informative

      Replying anonymously because I'm modding in this thread.

      For my friend behind bars, she relies on friends to add money to her account through JPay, a convenient service that takes another 5-10% or more off the top whenever you deposit into the inmate's account.

      Until my friend was imprisoned, I had NO IDEA how pervasive rent-seeking and profiteering was in the prison system. It really is a nightmare.

    6. Re:Where do inmates get money for calls? by KGIII · · Score: 3, Informative

      > Replying anonymously because I'm modding in this thread.

      There's a reason why one doesn't post in threads they moderate. They list this reason - as I recall. (I stopped moderating a long time ago. I'd rather speak than decide what others should or should not read.) At any rate, they designed the system that way for a reason - I'd like to think it's a valid reason. Disrupting the game, by changing the rules, just seems low. I lack a better word. Low, lowly, pathetic? They all work.

      If you don't like the rules, don't play the game. Don't take it personal, you're not the only "sneaky" person.

      --
      "So long and thanks for all the fish."
    7. Re:Where do inmates get money for calls? by SumDog · · Score: 5, Informative

      They get some money from their families. There are limits on what they can give inmates. They can also earn money from working in programs. American Flags are made in women's low security correctional facilities where they are paid $2 an hour.

      Prison is the only form of slavery explicitly allowed by the US constitution. But it's not the only form of slavery. The other is a form of voluntary indentured servitude. It's called the military.

    8. Re:Where do inmates get money for calls? by guises · · Score: 3, Insightful

      Then the prison has no incentive to keep the phone system operational, and the inmates will have less incentive to work.

      Okay, this is just bullshit. They don't need extra "incentive" to keep the prison operational, that's their job. And dangling basics in front of prisoners and calling it "incentive to work" is just slavery by a different name. It's fine for prisoners to learn a trade, it helps a great deal with recidivism, but it's not something that you can force on a person.

      Not to mention that most of those prison industries aren't about teaching a trade at all, they're mostly just about the slave labor.

    9. Re: Where do inmates get money for calls? by uncqual · · Score: 3, Informative

      At least in the state I live, no prisoner is required to work. They choose to. Apparently even prisoners would rather work to keep themselves busy and to earn some luxuries. Seems like a win-win. Besides, it's career training for one of the many jobs for making license plates after they get out. Oh, wait...

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    10. Re:Where do inmates get money for calls? by penguinoid · · Score: 4, Insightful

      But odds are, encouraging socialization (such as by giving them free phone service), especially with non-prisoners, and their family and friends, would decrease recidivism. In which case free phone service for prisoners would pay for itself a thousand-fold.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    11. Re:Where do inmates get money for calls? by ultranova · · Score: 2

      And dangling basics in front of prisoners and calling it "incentive to work" is just slavery by a different name.

      "Workers of the world, unite! You have nothing to lose but your chains!"

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    12. Re:Where do inmates get money for calls? by jargonburn · · Score: 4, Insightful

      decrease recidivism. In which case free phone service for prisoners would pay for itself

      And where is the incentive for the prison industry to decrease recidivism? I don't refer to the people "in charge". Politically, there are points to be scored by underlining successful reformations; however, there are so many more points to be scored through PROFITS.

    13. Re: Where do inmates get money for calls? by Gavagai80 · · Score: 2

      There's no reason to think that the powers that be want people to not post anonymously in threads they've moderated. The idea is simply to not give people their automatic +2 score visibility in threads they've moderated. If you want to post as an AC with a 0 score, then that's good, and you'll be modded up if your post is worth seeing.

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      This space intentionally left blank
    14. Re:Where do inmates get money for calls? by Maxo-Texas · · Score: 3, Insightful

      Absolutely, in this day and age of free phone calls via skype over the internet, it would be trivial to allow skype calls for nearly free to home.

      $120 a month for a couple internet lines and a couple cheap tablets hard wired to only skype and watched over by guards.

      Our prison industry is sick. We have the highest rate of incarceration in the free world (and actually higher than most of the unfree world too).

      It's sickening.

      The prison industry pays (lots of) money to
      a) criminalize activites that were not illegal before.
      b) extend prison sentences
      c) keep things illegal which should be legal

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    15. Re:Where do inmates get money for calls? by StikyPad · · Score: 2

      Hi, you must be new here.

      As per the Moderation page, the goals of moderation are:

      1. Promote Quality, Discourage Crap
      2. Make Slashdot as readable as possible for as many people as possible.
      3. Do not require a huge amount of time from any single moderator.
      4. Do not allow a single moderator a 'reign of terror'

      GP's anonymous post was clearly within those goals while, ironically, ours are driving the discussion off-topic.

  2. Companies hate regulation by Anonymous Coward · · Score: 5, Insightful

    They really hate it when they get regulation on a 'captive' market.

    1. Re:Companies hate regulation by beelsebob · · Score: 4, Insightful

      No, it's not the free market. The people making the purchase didn't actually get to any involvement in choosing which service they got, and nor did they get perfect information about the choices available.

    2. Re:Companies hate regulation by rahvin112 · · Score: 5, Insightful

      And the people making the choice of provider are doing so with interests that are entirely contradictory to their own. Prison phone rates are one of the ways we fuck people over we've already incarcerated. And the best thing is recidivism rates go up the less contact people have with their families while in prison. So these polices increase recidivism.

      As an aside they are also a state contract that is VERY easy to turn into corrupt slush money with the selected contract phone company paying the selectors bribes. The entire prison phone system is corrupt and it should be regulated heavily with flat rate price limits based on independent studies of costs.

  3. This is evil, and incompetence at so many levels by jopsen · · Score: 5, Insightful

    Contact to family is important for prisoners, because reducing contact increases risk of ending up in prison again (this is a well documented fact)

    Prison administrators, state governments, all have interest in increasing prisons contact with family, why they allow this is beyond my imagination.
    Companies offering phone services really ought to not exploit prisoners who don't have any choices (it's simply plain evil - particularly when considering the risk they put those prisoners at).

    Why the FCC needs to be involved is beyond my understanding. Are all the prison administrators really that corrupt?

  4. Re:State's rights is again... by ShanghaiBill · · Score: 3, Insightful

    Magic convenient solution that Liberals think is impossible: STOP COMMITTING CRIMES

    The best predictor of whether a child will grow up to be a criminal is blood lead levels. Black children have, on average, more than twice the lead levels as whites. Maybe we should be spending more on clean water and less on building prisons.

  5. Re:The religion of peace by Aighearach · · Score: 4, Informative

    That's a pretty strange slander-lation you got there. I went with a translation instead and found:

    And let not those who disbelieve suppose that they can outstrip (Allah’s Purpose). Lo! they cannot escape. Make ready for them all thou canst of (armed) force and of horses tethered, that thereby ye may dismay the enemy of Allah and your enemy.
    And if they incline to peace, then incline to it [also] and rely upon Allah. Indeed, it is He who is the Hearing, the Knowing.

    The context was that they were under attack and being threatened with death.

  6. Re:This is evil, and incompetence at so many level by Greyfox · · Score: 3
    What? The whole POINT of the for-profit prison system is to maximize profits. Charging ridiculous rates for phone calls is clearly a win-win for them. If the prisoner happens to commit another crime and wind up back in prison, well, CHA-CHING!

    Don't like it? Well Bernie's promised to put an end to the for-profit prison industry. No one else seems to be campaigning on it.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  7. Re:State's rights is again... by Plus1Entropy · · Score: 4, Insightful

    How about: stop making stupid things like drugs illegal? You want to talk conservative policies? Why does BIG GOVERNMENT get to come into my house and tell me what I can and cannot put in my own body?

    --
    Only crack the nuts that crack. You don't put the ones that don't crack in the sack.
  8. Re:Why is long distance still a thing? by BradleyUffner · · Score: 2, Informative

    Because they are literally holding their customers prisoner and give them no choice in using the service.

  9. Re:State's rights is again... by KGIII · · Score: 3, Insightful

    > Black children have, on average, more than twice the lead levels as whites.

    Then stop shooting them! ;-)

    --
    "So long and thanks for all the fish."
  10. Re:State's rights is again... by geoskd · · Score: 3, Informative

    Magic convenient solution that Liberals think is impossible: STOP COMMITTING CRIMES

    Magic convenient solution that Conservatives think is impossible: STOP DEFINING RELIGIOUS TRANSGRESSIONS AS CRIMES

    Not everyone subscribes to your particular religion, and even if they did, making a crime out of drug use is actually making things worse by anyones definition.

    --
    I wish I had a good sig, but all the good ones are copyrighted
  11. Re:This is evil, and incompetence at so many level by KGIII · · Score: 2

    > Prison administrators, state governments, all have interest in increasing prisons contact with family, why they allow this is beyond my imagination.

    Two things...

    You have a shitty imagination and they're not interested in reducing recidivism. Gotta keep those beds full, it keeps the budget justified and growing. (The whole for-profit thing is an aside and not really important, all told, those are only less than 10% and, while retarded, they're not the driving force.)

    --
    "So long and thanks for all the fish."
  12. Re:working around the 14th amendment by merky1 · · Score: 2

    Huh, wah??? The country was in no way founded on slavery. It may have been a major consumer of slavery, but claiming a foundational need for slavery is a little odd, and pushing an agenda based on the talking points of a few self indulgent fat cats. If anything, you could move the needle closer to reality and consider the country founded on oppression, while not a "foundational" principle, it is how we have become who we are. From the indians, to slaves, to immigrants, the population is quick to take advantage of the weak, poor, and defenseless.

    If you want a better description, our country was founded by religious extremists exiled from their host countries. Kinda like ISIL, but with someplace unoccupied to go.

    --
    --WooooHoooo--
  13. Re:The religion of peace by PopeRatzo · · Score: 4, Insightful

    That's a pretty strange slander-lation you got there. I went with a translation instead and found:

    Not only was his translation slanderous (I found the exact quote from a white supremacist web site), but the the section of the Koran he quotes is from a section that deals with a code of behavior for waging war when war is being waged against you.

    --
    You are welcome on my lawn.
  14. recidivism rates by OrangeTide · · Score: 3, Interesting

    I think if a particular prison's recidivism rates are too high, that they should not be permitted to charge more than 1 cent per minute.

    If a prison is successful, then they should be permitted more leeway in how they operate.

    Of course allowing prisoners to have more frequent contact with family members, has been shown to improve a convict's chances of staying out of prison when they get out.

    (excellent rates for recidivism would be anything under 20%, typical in a US prison is 70%)

    --
    “Common sense is not so common.” — Voltaire
    1. Re:recidivism rates by Firethorn · · Score: 2

      In the old days, the citizens understood that the purpose was to punish people. There was never any change of law where it switched to rehabilitation. That never happened. And yet, people's perception of what exists shifted somehow. But the institutional goals did not.

      Actually, rehabilitation was always a design goal. The founding fathers even developed a number of prisons that, religious focus aside, would have been considered progressive even today. We're talking about things like each prisoner being assigned a 'counselor' to work with the prisoner, and each counselor having no more than 3 prisoners assigned to him. There were education opportunities - both basic and occupational.

      Much of this was lost in the 70-80s time period as crime rates skyrocketed and subsequently prison populations exploded as not only did we start sending more people to prison, we sent them for longer periods of time. It didn't help that, with the loss of what reform programs we had, that recidivism rates shot up and we got this brain bug that these people couldn't be 'saved', IE reformed.

      --
      I don't read AC A human right
  15. Re:Why is long distance still a thing? by Aighearach · · Score: 2

    No, somebody else is literally holding them prisoner. They're a captive market, but they're not the captives of the market.

    Having a monopoly over a market of captives, doesn't make you their captor.

    Furthermore, it is the prison administrators who restrict their choice to the one company, not the company. The company just won the bid, they don't have the authority to decide if there will be a bid that goes to only one company.

    In fact, while the main thrust of the statement is correct, each part of the statement is literally incorrect.

  16. Re:reality time by Aighearach · · Score: 2

    Can anyone think of a reason calls shouldn't be FREE?

    Think about their poor relatives who would be under pressure to spend all their time talking to them. Some family contact is good, but a needy excess would push people away and lead longterm to abandonment.

    It might not be the best metering system, but it isn't hard to come up with a mediocre reason why it might be good; and that's a much higher bar than you asked for!

    And... you think they give prisoners bleach for cleaning the floors?! LOL yeah they probably get razors to shave with, too, and a healthy balanced diet. Sorry, gotta go, it is almost time for me to wake up from my nap...

  17. Re:The religion of peace by ClickOnThis · · Score: 4, Insightful

    Whoosh.

    The OP pointed out that the Qur'an has passages that call for a violent response to non-believers. The GP was pointing out that the Old Testament/Torah have passages that call for the same thing.

    There are billions of followers of the three major Abrahamic religions (Judaism, Christianity and Islam.) Only a tiny (and IMHO, deluded) fraction of them subscribe to violence as a way to advance their cause.

    --
    If it weren't for deadlines, nothing would be late.
  18. The elephant in the room by DNS-and-BIND · · Score: 3, Interesting

    I see nobody has any actual experience dealing with prison calls. It's all the usual claptrap that people have heard somewhere online and are repeating. Long ago I used to work for a company that collected past-due phone bills. It was mundane work, just call them and remind them they're overdue, will be cut off from the carrier if they don't pay by a certain date, etc. Nothing threatening or weird. Once in a while we would get a batch of jail calls, all made collect from the jailhouse phones. The reaction on these was different. Usually the person who answered was a woman, and more than once she was relieved that we would be cutting her off from these calls.

    She couldn't pay for them anyway, and the man inside didn't give a shit. He was bored, or controlling, and would call again and again. I had the call records and the guy would call for 15 minutes, get automatically cut off, call again, and again, and again. Day after day after day. Something the "they neeeed to talk to their faaaamilies!!!" crowd apparently has totally failed to consider. Maybe their families don't want to talk to them because they're horrible manipulative evil people who belong in prison.

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    1. Re:The elephant in the room by wbr1 · · Score: 3, Interesting

      These women have the choice and freedom to decline the calls. I was in virginia prison for a decade. There are people who prey on a caring wife/mother etc wasting money with constant calls. These are a small portion and your view is biased by your job in only seeing those that went to collection. I knew far more people that called rarely due to high rates, or sent some of their extremely low inmate pay to family to!cover costs of calls. In Virginia formexample inmate pay was 0.23 to 0.45 per hour inluess youhad an industry job. Those could go up to 2 per hour and were very limited, IE hard to get.
      As for myself, I almost never called as my main contact, my mother, moved to England, and international calls were not allowedexcept from a staff phone, prepaid with supervision. I didn't care!about the supervision, but none of the staff knew or were willing to help with this
      Make no mistake, prisons phones arema profiteering racket, so is prison medical, commissary, industry.. Corruption is incredibly rampant, so is regulatory capture and more...

      --
      Silence is a state of mime.
  19. Re:The religion of peace by vux984 · · Score: 3, Informative

    Grow the fuck up.

    That's Quran 8:59-60. (and a very 'opportunisitic' transalation too,
    Quran 8:61 (ie... the VERY next sentence)

    "And if they incline to peace, then you (also) incline to it, and put (your) trust in Allah".

    Talk about twisting a passage to suit your bullshit.

    It essentially says "if you are attacked muster all your forces to defend yourselves, but make peace with those that come in peace".

    Seriously... that's about as American as apple pie.

  20. Re:working around the 14th amendment by serviscope_minor · · Score: 2

    I think a lot of what Leftists hate, they are just inventing themselves.

    Hyperbole, perhaps. However, the US has the higest prison polulation in the entire world by absolute numbers and the highest per capita at 700 per 100,000, i.e. 0.7%. If you compare to European countries you'll see rates clustered around 0.1%.

    Something is deeply rotten in a country calling itself "land of the free" that incarcerates very substantially more of its population than China.

    Make no mistake: the USAlike all other countries isn't perfect and this is one of it's most glaring flaws.

    --
    SJW n. One who posts facts.
  21. Re:State's rights is again... by Gavagai80 · · Score: 3, Informative

    According to prosecutors, yes apparently Obama is lax on drugs. He's also interfered a lot less in state-level legalizations of certain drugs than previous administrations.

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  22. family gets burner phone from next state over by yodleboy · · Score: 2

    seems if family went to next state and got a burner phone with an out of state number, then inmate could call that line and save $$. At the jacked up rates for in-state calls, it would probably pay for itself in 5 minutes.

  23. Re:State's rights is again... by currently_awake · · Score: 2

    American drug laws are not religion based, they are based on persecuting minorities by criminalizing their drug of choice. Alcohol and Heroin are comparable hard core drugs, but the drug commonly used by white skinned European ancestry Americans is legal.

  24. Re:The religion of peace by Grishnakh · · Score: 2

    That's because they're all doing their religions wrong. The fundamentalists have it right, because they actually read their holy texts and do what they say.

    If you're non-violent and follow one of these religions, maybe you should try reading that book that you claim to believe in. Then decide for yourself, "do I really want to promote this? Do I want to be part of a belief system that advocates violence this way?"

    There's nothing "deluded" about that fraction of believers subscribing to violence. What's deluded is trying to claim that a religion based on violence, and which explicitly endorses and calls for violence in its holy texts, is somehow peaceful. Pointing this out with the 3 major religions is a great example of the emperor having no clothes.

  25. Re:The religion of peace by Darinbob · · Score: 2

    Religious practices define what deity is worshipped? Compare Pentecostal snake handlers to Egyption Copts - both Christian, same god, same basic religious texts, but extremely different religious practices. Islam includes much of the new testament of the Bible as holy scriptures, they refer to the God of Abraham as their own, they accept Jesus as a major prophet who just doesn't happen to be the last prophet. They're really not much further away from Judaism and Christianity as Mormonism is.