prison and jail fees Archives - Bolts https://boltsmag.org/category/prison-and-jail-fees/ Bolts is a digital publication that covers the nuts and bolts of power and political change, from the local up. We report on the places, people, and politics that shape public policy but are dangerously overlooked. We tell stories that highlight the real world stakes of local elections, obscure institutions, and the grassroots movements that are targeting them. Sat, 13 Jan 2024 17:12:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://boltsmag.org/wp-content/uploads/2022/01/cropped-New-color-B@3000x-32x32.png prison and jail fees Archives - Bolts https://boltsmag.org/category/prison-and-jail-fees/ 32 32 203587192 San Francisco Expands Free Jail Communications by Adding Tablet Services https://boltsmag.org/san-francisco-free-jail-phone-calls-tablet-services/ Mon, 08 Jan 2024 17:51:50 +0000 https://boltsmag.org/?p=5690 The move is part of a recent wave of jails and prisons starting to decouple carceral communications from a profit motive.

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Rachel Kinnon has been bringing physical books to San Francisco County jails for nearly two decades as the jail and reentry services manager for the San Francisco Public Library. Before each visit, she’ll fill a book cart with popular titles, or perhaps specific books that inmates requested. But something special happened after the jails introduced a free tablet program to access media like eBooks, audiobooks, movies, TV shows, and music.

“People are talking about how life-changing it’s been inside to be able to make some choices about what they’re watching on TV, or what music they’re listening to—to be able to listen to music at all,” Kinnon said. Plus, incarcerated people have tens of thousands of choices within the free eBook and audiobook library, which contains more than 63,500 titles. Some inmates with vision issues can now read almost anything in large print, when they were previously limited to the small selection of large-print books. Other inmates with low levels of literacy take advantage of audiobooks to open up the world of books to them.

Media services like these are often offered in other jails, but as they’re typically controlled by for-profit prison telecom companies, they’re often exorbitantly expensive. In most places any form of communication used to keep incarcerated people connected to the outside world, be it phone calls or tablets, has also been used to control incarcerated populations and generate profits for jails and their contractors.

San Francisco has offered jail tablets and their content at no cost to incarcerated people, part of a wave of institutions starting to decouple carceral communications from a profit motive. The free tablet program was introduced in May of 2023, a logical follow-up to San Francisco making jail phone calls free in 2020, the first county in the country to do so and the second city after New York.

Before 2023, the San Francisco jails had never implemented any tablet program for all inmates. When the San Francisco Sheriff’s Department decided to dip its toes into providing the devices, Michelle Lau, the acting director of the Financial Justice Project within the San Francisco treasurer’s office, recalls that the very first iteration of the bid request was similar to others across the country—riddled with charges for tablet services.

She remembered thinking, “We just did this whole thing with jail phone calls—why are we doing basically the same thing on a tablet?” The San Francisco Jail Justice Coalition, a coalition of community groups, pushed for a completely free tablet program. “Some [community members] even said if there were any charges, they would prefer no tablet, rather than one with high charges,” Lau said.

Tablets have been trickling into prisons and jails over the past several years, with the devices first launched in 2012 by prison communications company JPay, now owned by prison telecom giant Securus. Soon prisons and jails began hailing “free” tablets for their inmates, as these companies would indeed often distribute tablets to inmates at no cost. But once incarcerated people actually used the tablets, they were far from free.

Music might be $1.99 per song, as it is for the most expensive songs in Washington State. In Pennsylvania state prisons, eBooks cost between $2.99 and $24.99. E-messaging can be as much as Arkansas’s $0.50 per message. Or, tablet costs may rack up based on how much the tablet is used; in Minnesota’s Fillmore County, tablet use costs $0.25 for each minute, which adds up to more than $30 to watch a typical movie on a tablet screen.

Meanwhile, most incarcerated people earn little money, if any, to pay for these services. As a result, families, many of whom are indigent themselves, may support them financially. And because of the disproportionate share of Black inmates in prisons and jails, much of these fees are paid by low-income Black women, either mothers or girlfriends or wives.

Over the past two and a half years, five states have made prison phone calls (though not necessarily jail phone calls) free. The latest one, Massachusetts, just passed a law in November. A handful of major cities in addition to San Francisco have also made jail phone calls free, including New York, Miami, Louisville, and Los Angeles

Change will soon happen on the federal level, too. In early January 2023, President Biden signed the Martha Wright-Reed Just and Reasonable Communications Act of 2022, which allows the FCC to regulate in-state prison and jail phone calls as well as out-of-state phone calls. Under federal regulation, which is set to begin sometime in the latter half of 2024, the price of prison and jail phone calls nationwide will likely fall significantly. 

In San Francisco, Sheriff Paul Miyamoto had already supported free phone calls, so it wasn’t surprising when his office ultimately released a request for proposals for a completely free tablet program. Alissa Riker, the sheriff’s office’s director of programs, said free tablets were “a long time coming” given the office’s “philosophy of not charging the folks in custody and their families.”

Lau says San Francisco received bids from the two major prison telecoms, Securus and ViaPath (formerly GTL) for the project. They also received one from Nucleos, a new company focused on prison education programming that seemed excited about a free tablet program. The company recently transitioned to a public benefit corporation, which requires it pursue both profits and positive social benefits.

In the end, Nucleos won the contract. 

Most jails and prisons, however, are contracted with either Securus and ViaPath for their tablets. Together, the companies hold roughly 80 percent of the prison communications market valued at more than $1 billion. And Securus and ViaPath have been tracking the recent and growing trend toward free phone calls

“Some of the companies running jail phone calls, they see the writing on the wall” about the looming unprofitability of jail phone calls, said Joanna Weiss, co-executive director of the Fines and Fees Justice Center. “They are often making up the money through the use of tablets.”

In 2015, a Securus presentation to potential investors noted that the company has “successfully decreased its exposure” to new regulation by “investing in businesses that are not regulated.” These businesses are any number of ancillary services like e-messaging, eBooks, movies and TV show rentals, and music that the company can then charge inmates to use on a tablet. (The Martha Wright-Reed Act clarifies that the FCC may now regulate video calls.)

But companies aren’t the only ones that profit—prisons and jails can earn commissions on tablet services just as with phone calls. “We’re always looking for ways to bring in additional money to the county,” Pennsylvania’s Westmoreland County Jail Warden John Walton told the Pittsburgh Tribune-Review, commenting on the jail bringing in $161,000 in tablet commissions in 2019.

Riker, from the San Francisco sheriff’s office, noted that this is what sets San Francisco’s free program apart. “Money is why other sheriff’s offices aren’t doing it,” she said. 

Typically, an institution’s profits from jail communications, whether via tablets or phones, are intended to fund inmate programming (though they sometimes simply shore up budgets or go to dubious purchases). Riker told Bolts that she’s gotten calls from people working at other jails who were astonished that San Francisco could afford to fund free tablets and give up that funding stream—regardless of the fact that the money is sourced from vulnerable prisoners and their families. 

In 2023, the mayor’s office committed to using approximately $500,000 annually from the city’s general fund to support free tablet services for people in jail. As the San Francisco sheriff’s office’s annual budget is just under $300 million, the tablet program makes up roughly 0.2 percent of the department’s total budget.

The move has been part of a citywide shift away from prison profiteering. In 2020, San Francisco’s board of supervisors passed an ordinance to bar the city from profiting off of goods and services purchased by prisoners, which led to free jail phone calls as well as the end of markups on commissary items.

But even as tablets may be an important tool for people behind bars to connect with the outside world, carceral institutions also use them to replace in-person services like classes and visitation, and even to help better control a jail or prison population. Miami-Dade County jails, like many jails across the country, suspended in-person visitation during the initial months of the Covid-19 pandemic. But also like many other jails, Miami-Dade has yet to reinstate in-person visits almost four years later.

“Visitation right now is only video calls,” said Katherine Passley, the co-executive director of Beyond the Bars, a Miami activist group organizing families of incarcerated people and pushing for changes at the jails. Passley’s father is incarcerated at a Miami-Dade County jail. Even though the county offers free 15-minute video calls, the service itself is “horrible,” Passley said, not only because of Miami’s internet connection problems—the National Digital Inclusion Alliance ranked Miami one of the worst cities in the country for internet connectivity—but also because the video contract with ViaPath precludes the use of Apple iPhones for video calling. The vast majority of Beyond the Bar’s membership can’t even access video calls, she said.

As for prison programming, the sheriff’s office in San Francisco considers the tablets a supplement to in-person classes and programming and explicitly refuses to use them as a replacement. This is not necessarily the case in other jurisdictions, which may see tablet services as an affordable replacement for educational programming. Low staffing issues in South Carolina prisons partly inspired a tablet program with educational services so the state could “use technology to deliver services to these folks in their cells,” as Department of Corrections Director Bryan Stirling told the Greenville News

Plus, many wardens have extolled the virtue of tablets for keeping incarcerated people busy—and keeping them under their thumbs. “It’s a great tool for us, because number one it keeps them occupied, but number two it’s something that we can take away from them for behavior modification purposes,” Pennsylvania’s Lackawanna County Jail Warden Tim Betti told The Scranton Times-Tribune in 2020.

In Miami, Beyond the Bars has concentrated on tackling fee elimination in the jails, following in the footsteps of San Francisco. For instance, they’ve successfully advocated for the county to get rid of a $2 daily fee that pushed inmates into debt and commit to providing free 90-minute phone calls each day for people in jail. The group is currently working to reintroduce in-person visitation in the jails to ensure that incarcerated people and their families aren’t only able to see their loved ones through a screen.

Beyond the Bars has also recently pushed for free tablet services in Miami-Dade County jails. The tablet program outlined in the county’s request for proposals is not quite as ambitious as San Francisco’s but is better than that of the vast majority of jails nationwide. When the Miami-Dade County jails implement the program, the plan is for inmates to get their own free tablets with access to a limited number of free resources, such as an eBook library and one free movie a month. More specific details of the tablet program, however, will likely be up to the as-of-yet unannounced contractor. Beyond the Bars reached out to the local public library, which has agreed to work with them similarly to the San Francisco library—but it’s unclear if the library will ultimately be part of the program.

Kinnon, the San Francisco librarian, said she’s fielded inquiries “every week or two” from libraries interested in replicating San Francisco’s model. But she notes most of these libraries are in jurisdictions contracted with Securus or ViaPath—companies that would have to give up their profits on books and music, unlike the newcomer Nucleos. Kinnon said that from what she understands, ViaPath and Securus “have not expressed any openness or interest in working with public libraries.” Kinnon mused that one possible, though clunky, workaround would be for carceral systems to offer two tablets, one with free library services and one with the telecom provider’s services.

Companies like ViaPath and Securus “need to feel pressure…to be more open to do this and make it work,” said Kinnon, adding that San Francisco and Nucleos needed to work together to find creative ways to make the free tablet project happen. 

“But we did it,” she said. “And that means it could happen anywhere.”

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Massachusetts Is Making Communications Free for Incarcerated People https://boltsmag.org/massachusetts-prison-jail-phone-calls/ Fri, 04 Aug 2023 16:44:25 +0000 https://boltsmag.org/?p=5075 Editor’s note (Nov. 16): Governor Maura Healey signed this legislation into law this week, making phone calls for incarcerated people free in Massachusetts. Healey in August sent the reform back... Read More

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Editor’s note (Nov. 16): Governor Maura Healey signed this legislation into law this week, making phone calls for incarcerated people free in Massachusetts. Healey in August sent the reform back to the legislature, asking for an amendment, which lawmakers adopted in early November.

Annalyse Gosselin would like a new coat. Hers is ripped, and its zipper doesn’t work anymore. 

She’d also like a new phone and to eat at a restaurant one of these days—the last time she dined out was in May, on her 20th birthday—but can’t afford those things either. Gosselin works two jobs, at a grocery store and part-time as a nursing assistant, but she says that nets her less than $20,000 a year. That isn’t nearly enough to thrive where she lives in Boston, where the median one-bedroom apartment rents for about $3,000 a month.

Fifteen months ago, she started a relationship with an imprisoned man she’d been corresponding with through a pen pal program that connects incarcerated people with concerned strangers. Now budgeting is even harder: her boyfriend, Syrelle, is held in Norfolk, 30 miles from her home, and keeping in regular touch with him is enormously expensive. It costs about $2.50 to talk with him for 20 minutes on the phone, and twice that if they do a video call. Emails cost 25 cents apiece. The private company the prison system uses to run communications takes a $3 surcharge every time she adds money to her account. 

Gosselin says she’s spent about $5,000 just to talk with Syrelle since the start of their relationship, and roughly the same amount on purchases for him at the prison commissary: an extension cord, a small television, chicken, vegetables, medicated protein shakes.

“I go broke, literally. I make my bank account negative,” Gosselin told Bolts. “I don’t do much for myself; I just do for him. My mom and everybody always tells me, ‘You can’t keep making sacrifices for your relationship.’ But who else is going to do it?”

Massachusetts is now poised to ease that financial burden for Gosselin, as well as for the thousands of people held in the state’s prisons and jails, and their loved ones. Lawmakers just approved reforms on Monday that would eliminate charges for communicating with incarcerated people. It would also limit commissary markups in all jails and prisons to 3 percent above an item’s purchase price.

Gosselin says making communications free would change her life. She’d be able to speak with her boyfriend without watching the clock or her wallet. “It will honestly be the best thing,” Gosselin said. “It just feels like a burden taken off my back once it happens.”

The reform, which is part of the state’s annual budget, now awaits the signature of Governor Maura Healey, a Democrat who has expressed support for the change and is expected to approve it. Her predecessor, Republican former Governor Charlie Baker, denied a similar proposal last year

If Healey does approve this change, Massachusetts would be the fifth state to make prison phone calls free. Connecticut in 2021 became the first to do so, followed by California in 2022 and Colorado and Minnesota earlier this year. Several large U.S. cities have also mandated free phone calls for people in jails, starting with New York City in 2018 and followed by Los Angeles, San Francisco, and Miami, among others. Last year, Congress also passed a law granting the Federal Communications Commission new and greater authority to regulate the high cost of calls to and from incarcerated people.

Annalyse Gosselin with her partner Syrelle Grace. (Photo courtesy Annalyse Gosselin)

The Massachusetts reform would be among the most wide-reaching: The state would join only Connecticut in making communications of all kinds free for all incarcerated people—that is, not just phone calls, but also video, email, and messaging. Massachusetts would pay for the communications out of a $20 million state trust fund meant specifically to cover those costs.

The changes were guided in large part by the advocacy of people directly harmed by the exorbitant costs of communicating with loved ones in prison. For instance, many of those people expressed worry that some facilities would respond to free communications by further restricting the amount of time people can spend on phone or video calls—indeed, Healey’s initial budget proposal called for just such a cap, and also excluded jail communications. Advocates told Bolts that incarcerated people helped add a provision to the current budget prohibiting jails and prisons from limiting communication access beyond their existing policies as those services become free.

“We’re feeling extremely happy with the language that came out of the legislature,” Jesse White, policy director at Prisoners’ Legal Services of Massachusetts, told Bolts. “Not only will phone calls be free, but also access should not be reduced.”

Many people now cheering the prospect of free prison phone calls once thought such reforms would never happen. Jarelis Fonseca, whose partner is incarcerated in Norfolk and who says she spends more every month on prison communications than on her car insurance, rent, and groceries combined, told Bolts she long ago accepted that extreme costs come with the territory of having a loved one in prison. 

“It’s something we feel like we just have to deal with, and deal with by ourselves,” she said. By becoming active in advocating for the Massachusetts change, she added, she’s come to understand how common her struggle is. 

“I was like many families: in the dark. I knew what I knew from what I pay and how much it cost for me. Many people are not able to talk about it,” she said. “We’re all deciding what we’re going to go without, putting things off, to add money to continue to speak to our loved one. It’s stressful.”

In recent years, a groundswell of activism has coalesced around cutting the high costs of communicating with people behind bars. Bianca Tylek, executive director of Worth Rises, an abolitionist organization helping lead a nationwide movement for free prison and jail communications, says organizers wanted to help incarcerated people and their loved ones while also chipping away at the network of private companies that profit off them. 

“Our strategy, when we started this work in 2017, was that we had to start somewhere,” Tylek told Bolts. “If we’re going to dismantle an industry—one that very few people know anything about—we have to start somewhere that feels accessible.”

Worth Rises estimates that prison telecommunications companies make nearly $1.9 billion annually from contracts with jails and prisons. That money goes mostly to a small group of private equity-owned corporations, but those corporations typically send kickbacks to governments who award them exclusive contracts. For instance, before Colorado made prison phone calls free, the state received up to $800,000 per year from the company Global Tel*Link for rights to run the prison system’s phone program.

Jarelis Fonseca with her partner Paulino Miranda. (Photo courtesy Jarelis Fonseca)

Tylek says organizers highlighted the exorbitant cost of prison phone calls because they thought it would resonate with others. “I don’t think there’s anything more accessible than a simple phone call,” she said. “A phone call to your mom, to your child, to your partner. That seemed like something we could explain to people: that children deserve to hear ‘I love you’ whether or not their parent can afford a phone call.”

Tylek says there’s legislation planned for next year in Hawaii, New Jersey, Pennsylvania, Rhode Island, Virginia, Washington and Wisconsin, and that advocates are actively organizing for reforms in a half dozen other states. She says organizers hope to make at least prison phone calls free in every state by 2027.

Free communications may well enable even more advocacy from incarcerated people in Massachusetts, who could participate remotely in policymaking at no cost if prison calls are free. As this reform nears the finish line, organizers are already working on other legislation to loosen restrictions on in-person visitation that the prison system implemented in 2018. 

James Jeter, director of Connecticut’s Full Citizens Coalition, said he’s been able to dramatically expand his advocacy network since his state made calls free in 2021. That reform led to an immediate doubling of both total phone calls by incarcerated people in Connecticut and of average call duration, CT Insider reported

“We had this idea that once the phone calls went free, we could actually start in the prisons, educating guys in there on how to be advocates to their families, to run a phone-banking campaign through the incarcerated and their families,” Jeter, who is formerly incarcerated and whose organization is working toward full enfranchisement for all people in Connecticut with felony convictions, told Bolts. He added that his coalition now sends about 400 emails into the state prison system every day.

“We’re having conversations with people that we would otherwise have no access to,” Jeter said.

In this way, Tylek said, the movement to make communications free is already building on itself.

“We plan to get people from talking about prison telecom to talking about how we get into financial services or food or health care or commissary. Talking about telecom has allowed us to talk about exploitation more broadly,” she said.

For now, in Massachusetts, those most closely affected by the big business of calling home are hoping for financial relief and also closer connection to their loved ones behind bars. Research has consistently shown that maintaining close ties with family and friends is critical not only in improving outcomes for people while incarcerated, but also in giving those people a better shot at success once released.

Fonseca says she calls the prison about five times a day to talk with her partner in hopes that he feels connected to home. “For him and for anyone incarcerated, we know that when people feel incorporated still to their family and friends, they’ll do better when they’re in there and they’ll do better when they come out,” she said. “It’s about him knowing he’s supported, that sacrifices are being made for him, because he’s worth that.”

Joanna Levesque has also been stretching her budget to keep in touch with her partner, who is incarcerated in a prison in Bridgewater, Massachusetts. “It’s amazing what the consistency of having someone to talk to does for someone’s mental health,” Levesque said. “Nobody wants to be alone.” 

Joanna Levesque with her partner Christopher O’Connor. (Photo courtesy Joanna Levesque)

“It makes little sense to me that the cost of phone calls for inmates is so insanely high when the vast majority of us are indigent,” Levesque’s partner, Christopher O’Connor, told Bolts by email. “I often feel so bad for being a financial burden to my friends and family.”

Levesque says she hopes free calls allow them to remain close and also enable her to live more comfortably, including by eating breakfast and lunch more often. At the moment, she told Bolts, she works multiple jobs and prioritizes communication with her O’Connor over her own wellbeing—which, she says, means long stretches of fasting.

“I am so beyond excited,” she said.

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