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LEGAL NEWSLINE

Thursday, October 3, 2024

State attorneys general sue FCC over new inmate call cost regulations

State AG
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Indiana Attorney General Todd Rokita | Ballotpedia

Attorney General Todd Rokita is spearheading a legal challenge against the Federal Communications Commission (FCC) alongside 13 other states. The coalition opposes a new FCC rule that limits phone call costs for inmates, which they argue could impede local law enforcement's ability to monitor inmate communications.

The FCC's decision to cap call costs at a level deemed unreasonably low may impose additional financial burdens on taxpayers and hinder state and local authorities from reaping the safety benefits of inmate communication services. This change might compel some jails to eliminate these services, counteracting the FCC's objective of expanding access.

"Federal bureaucrats at the FCC are trying to dictate to our local sheriffs and state prison administrators how to manage their prison facilities," stated Attorney General Rokita. "Their unlawful tampering runs a very real risk of making our jails and therefore our communities less safe. That’s why we’re stepping forward to protect the interests of sheriffs, correctional officers, the Indiana Department of Correction and all Hoosiers to challenge this rule and defend common sense."

Rokita's lawsuit aims to overturn regulations perceived as unlawfully intruding into state and local management of inmate communication services. The coalition argues that these rules threaten an essential investigative tool used by law enforcement: monitoring inmate communications.

Inmate access to communication services, including calls and online resources like legal materials, plays a role in reducing violence within prisons. Monitoring these interactions helps identify potential suicide risks and criminal activities, providing valuable information for crime-solving efforts. Thus, communication services are considered vital for maintaining safety in prisons and surrounding communities.

The lawsuit claims that the FCC has overstepped its regulatory authority concerning inmate communications while disregarding crucial safety and economic factors.

Attorney General Rokita is collaborating with Arkansas Attorney General Tim Griffin on this case. The coalition plans to present detailed arguments when filing their opening brief later this year.

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