R.I. Gen. Laws § 42-56-10(22), Powers of the director; Title III of the Omnibus Crime Control and Safe Streets Act, 18 U.S.C. § 250 et seq. (prison monitoring and recording of inmate telephone calls); R.I. Gen. Laws Chapter 12-5.1, Interception of Wire and Oral Communications; R.I. Gen. Laws § 11-35-21, Unauthorized interception, disclosure or use of wire or oral communication.

To specify the Rhode Island Department of Corrections’ (RIDOC’s) policy and procedures regarding the monitoring and recording of Adult Correctional Institutions (ACI) inmates’ telephone conversations.

A. Inmate access to/use of telephones is a privilege.

B. Inmates are encouraged to remain in close contact with family and friend

C. RIDOC affords inmates reasonable access to telephones, consistent with their status, housing unit regulations, and the guidelines contained in this policy.

D. RIDOC shares information from the inmate telephone monitoring system pursuant to subpoena or in the case of outside law enforcement agencies involved in criminal investigations pursuant to procedural requests.

1. All Wardens ensure inmates have reasonable access to telephones within their respective facilities.

a. Wardens of awaiting trial facilities ensure telephones are available in the committing areas which do not require the use of personal identification numbers (PINs) for bail purposes only.

2. Inmate calls are limited [See §§ 2.5(F)(1) through (2) of this Part] to:

a. Up to ten (10) social numbers;

b. Up to five (5) attorney numbers.

(1) Only attorneys whose names and business telephone numbers appear in the State of Rhode Island and Providence Plantations Supreme Court ACS Attorney Registration will be recognized for this privilege, unless authorization is given by the Warden or designee. An example of such authorization is: The Systems Administrator provided by the vendor of the monitoring system verifies an out-of-state attorney's status and telephone number. The Warden or designee authorizes the call.

3. Inmates are allowed to make calls to people not on their lists, under the supervision of a Counselor or Discharge Planner, in order to seek employment, housing, social services, etc. Such calls are recorded, to include date and purpose, in a phone log by staff.

4. In addition to the five (5) attorneys mentioned above, all RIDOC inmates may place calls to:

a. RIDOC Special Investigations Unit (SIU): (401) 462-2282

b. RIDOC Inspectors' Office: (401) 462-2551

c. On-grounds Rhode Island State Police (RISP): (401) 462-2650

d. Licensed Bail Bondsmen (telephone numbers to be entered by Systems Administrator)

e. Any law enforcement agency

f. Calls that will not be recorded:

5. Outgoing inmate telephone calls utilize either debit or collect call systems.

a. Exceptions (which are subject to monitoring by staff):

(1) Work Release Job Search calls;

(2) Calls dialed by staff designated by Warden of facility.

E. All inmate telephone conversations, except those between inmates and the individuals listed in § 2.3(D)(3)(f) of this Part are subject to monitoring and/or recording.

F. Prior to the connections of all attempted calls, inmate callers and call recipients are given advance notice that their telephone conversations will be recorded and are subject to monitoring via an automated message. Call recipients must accept these conditions before connections are completed.

A. Inmates. Wardens or designated Deputy Wardens ensure inmates receive advance notice of monitoring and/or recording of their telephone conversations via:

1. memorandum (for inmates incarcerated at the time of initial implementation)

2. Inmate Telephone System Number Request Form: statement that calls are subject to monitoring and/or recording

3. signs posted (or stenciled) in English and Spanish above or near facility telephones designated for inmate use (see sample Inmate Notification Posting)

4. recorded message before call is accepted

B. Other means of inmate notification which Wardens may choose to utilize include:

1. facility bulletin board notices

2. facility inmate handbooks

3. orientation sessions

C. If applicable, call recipient hears a recorded message informing him/her the collect call is from a RIDOC inmate and subject to monitoring and/or recording.

1. Recipient is given an opportunity to accept or refuse the call.

2. The message includes language that by accepting the call, the recipient consents to the monitoring and/or recording.

A. Information required on said form is as follows:

1. inmate personal identification number (PIN)

2. statement that call is subject to monitoring and/or recording

3. date

4. inmate’s printed name

5. inmate’s signature (or staff’s signature indicating inmate’s refusal to sign)

6. list of telephone number(s) inmate wishes to call

a. Up to ten (10) social

b. Up to five (5) attorneys

A. Inmate may request changes to their telephone lists:

1. Social number changes: The System Administrator provided by the vendor of the monitoring system is responsible for entering updated information as submitted.

2. Attorney number changes: The System Administrator provided by the vendor of the monitoring system is responsible for entering updated information as it is submitted.

3. Change requests may also be considered (on a case-by-case basis) for the following reasons:

a. family emergency;

b. call recipient’s telephone number changes;

c. newly acquired telephone number for inmate’s mother, father, spouse and/or child(ren);

d. as determined by the RIDOC

B. General Rules

1. The Warden of each facility determines the hours of telephone availability and ensures said hours are posted in all housing units.

2. Telephone calls (excluding attorney calls) are restricted to no more than twenty (20) minutes per call.

3. The length of time between calls may be established if necessary to provide orderly availability of telephones.

C. Monitoring / Recording

1. Monitoring/recording of inmate telephone conversations occurs for the purposes of:

a. preserving institutional order and security; and/or

b. enhancing/conducting investigative operations.

2. SIU staff is primarily responsible for monitoring inmate telephone calls. All other persons requesting access to the telephone monitoring area need authorization from the Assistant Director of Institutions & Operations.

3. The Central Office Warden shall develop a Standard Operating Procedure (SOP) which details the random and targeted monitoring of inmate telephone conversations. The SOP shall further detail access to the telephone monitoring room/equipment. This SOP shall be presented to the Assistant Director of Institutions and Operations (ADIO) within 30 days of the effective date of this policy.

D. Information Sharing

1. Subpoenas for inmate telephone recordings are served at the Office of Legal Counsel. Constables attempting to serve such subpoenas directly to SIU are re-directed to the Office of Legal Counsel. The Office of Legal Counsel forwards the subpoena to either SIU or to Telecommunications, depending on the nature of the request.

2. State and municipal police agencies, as well as the Department of the Attorney General, are permitted access to recordings when requested in writing, only for the purposes of criminal investigations. Law enforcement agencies must include the assertion in their request that these recordings will not be disseminated to any other agency. These written requests are directed to the SIU. SIU staff forwards a copy of the request to the Office of Legal Counsel. (See, Sample Investigatory Request.)

3. SIU Investigators handle administrative requests on a case-by-case basis.

4. Random or general access to monitored telephone conversations by outside law enforcement is PROHIBITED.

5. SIU Investigators copy conversations to be used as evidence to CD-R’s, and provide said copies to the agency involved.

a. SIU Investigators maintain a log of all subpoena(e) or administrative requests. Such duplicate CD-R’s released to law enforcement agencies are fully tracked and receipted as appropriate.

6. The System Administrator may periodically monitor calls for maintenance or quality control purposes. Such monitoring is done in the presence of an SIU member.