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CCR Challenges Collect Call Rates From NY Prisons

by TChris

Inmates in jails and prisons make collect calls to stay in touch with their families. Jail administrators and prison wardens don't much care what it costs the families to accept those calls, so they sign contracts with telephone companies that permit outrageous charges while giving a kickback to the government. The Center for Constitutional Rights sued the New York State Department of Correctional Services and MCI seeking to end that practice in New York.

The lawsuit, Walton v. NYSDOCS, seeks an order prohibiting the State and MCI from charging exorbitant rates to the family members of prisoners to finance a 57.5% kickback to the state. MCI charges these family members a 630% markup over consumer rates to receive a collect call from their loved ones, the only way possible to speak with them, CCR says.

A judge dismissed the suit as time-barred, but the CCR has appealed. (Law geeks take note: the linked article contains a link to the CCR's brief.) Whether or not the lawsuit gets reinstated, New York and other jurisdictions should stop punishing the families of the incarcerated who often have their telephone service disconnected because they can't afford to pay for the collect calls. Yet a proposed New York law to require telephone companies to provide fair-market rates to jails and prisons has gone nowhere.

Says Rachel Meeropol, an attorney for the Center for Constitutional Rights:

“New York State is siphoning money from those who can least afford it. Gov. Pataki, the Department of Correctional Services, and the State Senate have all chosen to ignore the unfair financial burdens on family members struggling to pay their bills. This appeal for a judicial check on the other branches of government may be their only hope.”

State and local governments may benefit in the short term by ripping off the families of the incarcerated, but cutting off communication between prisoners and their families causes long term harm:

“Criminal justice experts all agree that keeping in touch with loved ones makes it easier for prisoners to successfully re-enter society in a healthy, productive way when they are released,” said Ron Daniels, executive director of the Center for Constitutional Rights (CCR). “This contract is a sneaky way for the State to tax mothers, wives, brothers and children who aren’t guilty of anything more than loving a family member. It needs to end.”

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    Re: CCR Challenges Collect Call Rates From NY Pris (none / 0) (#1)
    by scarshapedstar on Sat Dec 17, 2005 at 01:02:31 PM EST
    Well. That's pretty rotten and indefensible, but what else is new.

    Re: CCR Challenges Collect Call Rates From NY Pris (none / 0) (#2)
    by Domino on Sat Dec 17, 2005 at 01:02:31 PM EST
    CCR = Creedence Clearwater Revival.

    Re: CCR Challenges Collect Call Rates From NY Pris (none / 0) (#3)
    by BigTex on Sat Dec 17, 2005 at 01:02:32 PM EST
    Yeah, this is a bad one. The government should shop around for the best system. As was pointed out, this doesn't punish the prisoners, but rather the families of the prisoners. Perhaps they should act independently of CCR and go to the state legislature pointing out, not the cost to the families, but rather the inefficiency of the system itself and how the prisons are being overcharged. While the legislature may not care about the prisoners, they will care about their own purse.