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HB 659 - Penal institutions; telephones; amend provisions

Jackson, William S (112th)	Walker, Larry (141st)	Williams, Jeffrey L (83rd)
Hudson, Newt (156th)

Status Summary	HC:	Ind	SC:		FR:	02/16/99	LA:	02/17/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to define certain terms; to require that any telephone system installed in a penal institution to which inmates have access contains certain technical features; to impose certain duties on persons in charge of penal institutions regarding the use of telephone systems by inmates; and for other purposes.

Code Sections - 42-1-13

HB 659                                             LC 27 0847 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 1 of Title 42 of the Official Code of 
  1- 2  Georgia Annotated, relating to general provisions regarding 
  1- 3  penal institutions, so as to define certain terms; to 
  1- 4  require that any telephone system installed in a penal 
  1- 5  institution to which inmates have access contains certain 
  1- 6  technical features; to impose certain duties on persons in 
  1- 7  charge of penal institutions regarding the use of telephone 
  1- 8  systems by inmates; to provide for the loss of telephone 
  1- 9  privileges by inmates who make telephone calls with intent 
  1-10  to annoy, abuse, threaten, or harass or make telephone calls 
  1-11  using another inmate's personal identification number; to 
  1-12  require local exchange companies to place certain 
  1-13  announcements at the beginning of a call placed from a penal 
  1-14  institution; to provide for enforcement actions by the 
  1-15  Attorney General or a district attorney; to provide for an 
  1-16  effective date; to repeal conflicting laws; and for other 
  1-17  purposes. 
 
  1-18       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-19                           SECTION 1. 
 
  1-20  Chapter 1 of Title 42 of the Official Code of Georgia 
  1-21  Annotated, relating to general provisions regarding penal 
  1-22  institutions, is amended by adding at the end thereof a new 
  1-23  Code section, to be designated as Code Section 42-1-13, to 
  1-24  read as follows: 
 
  1-25    "42-1-13. 
 
  1-26    (a) As used in this Code section, the term: 
 
  1-27      (1) 'Local exchange company' shall have the same meaning 
  1-28      as provided in Code Section 46-5-162. 
 
  1-29      (2) 'Penal institution' means any place of confinement 
  1-30      for persons accused of or convicted of violating a law 
  1-31      of this state or an ordinance of a political subdivision 
  1-32      of this state and includes, without limitation, jails, 
 
 
 
 
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  2- 1      county correctional institutions, and state correctional 
  2- 2      institutions. 
 
  2- 3    (b) Any telephone system which is installed in any penal 
  2- 4    institution in this state and to which inmates have access 
  2- 5    shall contain features which: 
 
  2- 6      (1) Restrict access to only those callers having a 
  2- 7      particular personal identification number and allow the 
  2- 8      administrator of the telephone system to restrict the 
  2- 9      telephone numbers to which calls may be placed by the 
  2-10      holder of a particular personal identification number; 
 
  2-11      (2) Detect and block three-way calling; and 
 
  2-12      (3) Automatically disconnect calls after a particular 
  2-13      length of time. 
 
  2-14    (c) It shall be the duty of the warden, superintendent, 
  2-15    sheriff, or other person in charge of a penal institution 
  2-16    to ensure that: 
 
  2-17      (1) Each inmate is assigned a personal identification 
  2-18      number when first taken into custody at the penal 
  2-19      institution; the inmate identifies no more than five 
  2-20      telephone numbers to which calls may be placed using his 
  2-21      or her personal identification number; and the telephone 
  2-22      system is programmed to reflect the inmate's personal 
  2-23      identification number and the telephone numbers to which 
  2-24      he or she is authorized to place calls; provided, 
  2-25      however, that under no circumstances may the personal 
  2-26      identification number assigned to an inmate authorize 
  2-27      the placement of calls to the residential or business 
  2-28      telephone number of a victim of a crime of which the 
  2-29      inmate has been convicted of committing; 
 
  2-30      (2) The three-way call detecting and blocking feature is 
  2-31      activated so as to prevent inmates from making three-way 
  2-32      telephone calls; and 
 
  2-33      (3) The automatic disconnection feature is set to limit 
  2-34      the length of a call made by an inmate to ten minutes. 
 
  2-35    (d) Any inmate who makes a telephone call with intent to 
  2-36    annoy, abuse, threaten, or harass any person at the called 
  2-37    number or makes a telephone call using the personal 
  2-38    identification number of another inmate shall lose his or 
  2-39    her telephone privileges for a period of six months; 
  2-40    provided, however, that the inmate shall not be prevented 
 
 
 
 
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  3- 1    from contacting an attorney who represents the inmate in a 
  3- 2    criminal matter. 
 
  3- 3    (e) A local exchange company which originates telephone 
  3- 4    calls placed from a penal institution located in this 
  3- 5    state shall place an announcement to the receiving party 
  3- 6    at the beginning of the call which states the following: 
 
  3- 7      (1) The name of the calling party; 
 
  3- 8      (2) The penal institution from which the call was 
  3- 9      placed; and 
 
  3-10      (3) Any connection charges of the local exchange company 
  3-11      for which the receiving party is responsible if he or 
  3-12      she accepts the call. 
 
  3-13    Nothing in this subsection shall be construed to conflict 
  3-14    with technical and procedural standards prescribed for 
  3-15    systems that are used to transmit artificial or 
  3-16    prerecorded voice messages via telephone pursuant to 47 
  3-17    U.S.C. Section 227. 
 
  3-18    (f) Either the Attorney General or a district attorney may 
  3-19    bring an action in the superior court in which the penal 
  3-20    institution is located to enforce the requirements of 
  3-21    subsections (b) and (c) of this Code section." 
 
  3-22                           SECTION 2. 
 
  3-23  This Act shall become effective upon its approval by the 
  3-24  Governor or upon its becoming law without such approval. 
 
  3-25                           SECTION 3. 
 
  3-26  All laws and parts of laws in conflict with this Act are 
  3-27  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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