Sec. 12.02.14.01. Inmate Access to Telephone

A. Definitions. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Emergency Telephone Call.

(a) "Emergency telephone call" means a telephone call for an inmate which involves:

(i) Serious family illness;

(ii) Injury or death of a family member; or

(iii) Other serious matters as determined by appropriate institutional personnel.

(b) "Emergency telephone call" does not mean:

(i) Routine communication with lawyers or the courts; and

(ii) Matters which may be handled by mail.

(2) "Family" means an inmate's spouse, natural grandparents, parents, siblings, children, grandchildren, and persons who have these relationships through adoption.

(3) "Inmate telephone" means a telephone exclusively available for inmate use.

(4) "Institutional telephone" means a telephone which is used to conduct institutional business and is not available for inmate use, except for an emergency telephone call conducted under staff supervision.

C. Restriction and Suspension of Telephone Privilege.

(1) Except when an emergency telephone call is authorized, an inmate may not use an institutional telephone for legal communication. An inmate shall use an inmate telephone when available, or the mail service.

(2) An inmate may make a nonemergency telephone call only on a designated inmate telephone available within the institution at the expense of the inmate or the person called.

(3) A warden or designee may suspend or revoke an inmate's telephone privilege if:

(a) The inmate violates institutional procedures; or

(b) Complaints are made by a:

(i) Telephone company representative, or

(ii) Person who has received an inmate's call.

(4) A warden or designee may suspend an inmate's telephone privilege for security reasons.

(5) A warden or designee shall ensure that an inmate's access to a telephone does not interfere with an institution's operations, including:

(a) Programs;

(b) Work assignments; or

(c) Institutional inmate counts.