§25-1-17. — Monitoring of inmate telephone calls; procedures and restrictions; calls to or from attorneys excepted.
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§25-1-17. Monitoring of inmate telephone calls; procedures and
restrictions; calls to or from attorneys excepted.
(a) The commissioner of corrections or his or her designee is authorized to monitor, intercept, record and disclose telephone calls to or from adult inmates of state correctional institutions in accordance with the following provisions:
(1) All adult inmates of state correctional institutions shall be notified in writing that their telephone conversations may be monitored, intercepted, recorded and disclosed;
(2) Only the commissioner and his or her designee shall have access to recordings of inmates' telephone calls unless disclosed pursuant to subdivision (4) of this subsection;
(3) Notice shall be prominently placed on or immediately near every telephone that may be monitored;
(4) The contents of inmates' telephone calls may be disclosed to the appropriate law-enforcement agency only if the disclosure is:
(A) Necessary to safeguard the orderly operation of the correctional institution;
(B) Necessary for the investigation of a crime;
(C) Necessary for the prevention of a crime;
(D) Necessary for the prosecution of a crime;
(E) Required by an order of a court of competent jurisdiction; or
(F) Necessary to protect persons from physical harm or the threat of physical harm;
(5) All recordings of telephone calls must be destroyed within twelve months unless disclosed pursuant to subdivision (4) of this subsection; and
(6) To safeguard the sanctity of the attorney-client privilege, a telephone line that is not monitored shall be made available for telephone calls to or from an attorney. Such calls shall not be monitored, intercepted, recorded or disclosed in any matter.
(b) The commissioner shall propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.
(c) The provisions of this section shall apply only to those persons serving a sentence of incarceration in the custody of the commissioner of corrections.
(a) The commissioner of corrections or his or her designee is authorized to monitor, intercept, record and disclose telephone calls to or from adult inmates of state correctional institutions in accordance with the following provisions:
(1) All adult inmates of state correctional institutions shall be notified in writing that their telephone conversations may be monitored, intercepted, recorded and disclosed;
(2) Only the commissioner and his or her designee shall have access to recordings of inmates' telephone calls unless disclosed pursuant to subdivision (4) of this subsection;
(3) Notice shall be prominently placed on or immediately near every telephone that may be monitored;
(4) The contents of inmates' telephone calls may be disclosed to the appropriate law-enforcement agency only if the disclosure is:
(A) Necessary to safeguard the orderly operation of the correctional institution;
(B) Necessary for the investigation of a crime;
(C) Necessary for the prevention of a crime;
(D) Necessary for the prosecution of a crime;
(E) Required by an order of a court of competent jurisdiction; or
(F) Necessary to protect persons from physical harm or the threat of physical harm;
(5) All recordings of telephone calls must be destroyed within twelve months unless disclosed pursuant to subdivision (4) of this subsection; and
(6) To safeguard the sanctity of the attorney-client privilege, a telephone line that is not monitored shall be made available for telephone calls to or from an attorney. Such calls shall not be monitored, intercepted, recorded or disclosed in any matter.
(b) The commissioner shall propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.
(c) The provisions of this section shall apply only to those persons serving a sentence of incarceration in the custody of the commissioner of corrections.