TO: Board of Supervisors
FROM: Dina Jose, Director of Corrections
REPORT BY: Sue Kuss, Staff Services Manager
SUBJECT: Agreement with Securus Technologies, Amendment No. 5
RECOMMENDATION
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Director of Corrections requests approval of and authorization for the Chair to sign Amendment No. 5 to Agreement 190215B with Securus Technologies, LLC to change the terms of the contract to remove inapplicable language for video visitation services.
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EXECUTIVE SUMMARY
Amendment No. 5 to Agreement 1901215B with Securus Technologies, LLC removes provisions from the contract for inmate video visitation services that limit access to onsite visitation. These provisions were enforced only in extenuating circumstances and are being changed due to a California Public Utilities Commission order.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Inmate Welfare Fund 20600-00 |
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Is it Mandatory or Discretionary? |
Mandatory |
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Discretionary Justification: |
Click or tap here to enter text. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None. |
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Consequences if not approved: |
As part of an ongoing regulatory review, CPUC has requested identification of any contract which “includes any explicit or implicit restrictions on live in-person visits at the incarceration facility between incarcerated persons and friends and family in order to encourage incarcerated persons to utilize video calling services (either remote or onsite services).” Unless the contract is amended, Securus must identify that these terms are still “live” in the NCDC contract when these provisions were only enforced in the aftermath of the 2014 earthquake and are in conflict with the operating procedures of Securus and the NCDC. |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
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Additional Information |
Revenues generated by the inmate video visitation system are accounted for in the Inmate Welfare Fund (IWF). The IWF is used exclusively for the betterment of inmates. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION:
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
Securus Technologies has provided inmate telephone and video visitation services in the Jail and Juvenile Hall since January 2014. On May 20, 2022, the California Public Utilities Commission (CPUC) issued Order 20-10-002 instituting rulemaking to consider regulating telecommunications services used by incarcerated people. The CPUC directs incarcerated person’s calling service providers to submit testimony identifying any contract provision(s) that explicitly or implicitly restrict live in-person visits (provided at no cost) at the incarceration facility in order to encourage incarcerated persons to utilize video calling services (provided at a cost). The full CPUC order is attached to this board item.
In June 2022, Securus notified the Director of Corrections that three provisions of the contract terms of Agreement 190215B restrict access to on-site visitation. The provisions are:
1. For non-professional visitors, Customer will, except in rare individual cases, eliminate all face to face visitation through glass or otherwise at the Facility and will, except in rare individual cases, utilize video visitation for all non-professional on-site visitors.
2. All on-site Video Visitation sessions shall be required to be scheduled at least 24 hours in advance, where practicable, and shall not exceed two (2) free on-site visits per inmate per week. Once available, on-site visits in excess of the 2 free visits per inmate per week will be at the same session fee as remote sessions.
3. Upon deployment of the Video Visitation System, Customer agrees to reduce on-site visitation availability to no more than twenty (20) hours per week and will further reduce on-site visitation hours over time to achieve minimum usage results of one (1) remote paid visit per inmate per month.
These provisions were enforced from January 2014 through September 2017. However, it should be noted, that due to the August 2014 earthquake the facility was “yellow tagged” to the public by the Fire Marshall. As a result, the Department was unable to offer in-person visiting and had to rely solely on video visitation while repairs to the building were underway. In September 2017, upon completion of earthquake repairs to the building, in-person visiting was again offered as a secondary form of visitation to the video visiting platform.
Amendment No. 5 to Agreement 190215B eliminates the three provisions enumerated above with no change to the remaining contract terms. The contract expires 6/30/2024 or when the Jail vacates the Hall of Justice.