Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 702 of the Regular Session
 1   State of Arkansas                   As Engrossed:       S3/23/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             SENATE BILL 550
 4
 5   By: Senator A. Clark
 6   By: Representative A. Collins
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 8                                     For An Act To Be Entitled
 9                  AN ACT CONCERNING THE FEE CHARGED FOR A PHONE CALL BY
10                  AN INMATE IN A CORRECTIONAL FACILITY; AND FOR OTHER
11                  PURPOSES.
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14                                                 Subtitle
15                           CONCERNING THE FEE CHARGED FOR A PHONE
16                           CALL BY AN INMATE IN A CORRECTIONAL
17                           FACILITY.
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20   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22          SECTION 1.        Arkansas Code Title 12, Chapter 29, Subchapter 1, is
23   amended to add an additional section to read as follows:
24          12-29-119.        Inmate telephone calls.
25          For an inmate making an intrastate telephone call from a Division of
26   Correction facility or Division of Community Correction facility:
27                  (1)      The cost per minute shall not be more than the maximum cost
28   per minute of an interstate inmate telephone call as determined by the
29   Federal Communications Commission as of January 1, 2021; and
30                  (2)      Ancillary service charges shall not be permitted except an
31   ancillary service charge of a type and up to an amount authorized by the
32   Federal Communications Commission for an interstate inmate telephone call as
33   of January 1, 2021.
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35          SECTION 2.        Arkansas Code  12-41-105 is amended to read as follows:
36          12-41-105. Commissions from prisoner inmate telephone services and
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     As Engrossed:          S3/23/21                                                  SB550
 1   profits from prisoner inmate commissary services.
 2           (a)(1)(A)       Commissions derived from prisoner inmate telephone services,
 3   if the inmate telephone service is provided by the county or regional
 4   detention facility, and profits earned from prisoner inmate commissary
 5   services provided in the           various county and regional detention facilities in
 6   the state shall be deposited with the county treasurer of the county in which
 7   the county or regional detention facility is located, and the.
 8                             (B)   The county treasurer shall credit the funds collected
 9   under subdivision (a)(1)(A) of this section to the county sheriff's office
10   fund.
11                    (2)(A)     The county sheriff's office fund is an agency fund
12   defined by the County Financial Management System as a fund used to account
13   for funds held by the county treasurer as an agent for a governmental unit
14   until transferred by check or county court order to the county sheriff or
15   other governmental unit for the intended uses of the funds.
16                             (B)   The transfer of funds to the county sheriff or other
17   governmental unit under this subsection is not subject to an appropriation by
18   the quorum court or to the county claims process.
19                    (3)    Arkansas Legislative Audit shall review actions described in
20   this subsection for substantial compliance with this section.
21           (b)(1)     Of the commissions and profits deposited into the county
22   sheriff's office fund in each county under subsection (a) of this section,
23   one hundred percent (100%) shall be credited to the county sheriff's office
24   communications facility and equipment fund under  21-6-307.
25                    (2)    Each county sheriff's office shall allocate for the
26   maintenance and operation of the county jail up to seventy-five percent (75%)
27   of the commissions and profits deposited into the county sheriff's office
28   communications facility and equipment fund.
29           (c)   This section does not apply to funds derived from prisoner inmate
30   telephone services or prisoner inmate commissary services provided in
31   Division of Correction facilities or Division of Community Correction
32   facilities or in municipally owned detention facilities or in county
33   detention facilities in counties with a population of one hundred seventy-
34   five thousand (175,000) or more according to the latest federal decennial
35   census.
36           (d)   For an inmate making an intrastate telephone call from a regional
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     As Engrossed:    S3/23/21                                                  SB550
 1   or local detention facility:
 2              (1)    The cost per minute shall be thirty cents (30) or no more
 3   than the maximum cost per minute of an interstate inmate telephone call as
 4   determined by the Federal Communications Commission as of January 1, 2021,
 5   whichever is higher; and
 6              (2)    Ancillary service charges shall not be permitted except an
 7   ancillary service charge of a type and up to an amount authorized by the
 8   Federal Communications Commission for an interstate inmate telephone call as
 9   of January 1, 2021.
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12                                     /s/A. Clark
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15                                  APPROVED: 4/13/21
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