Bill Text: CA SB555 | 2019-2020 | Regular Session | Amended
Bill Title: Jails and juvenile facilities: communications, information, and commissary services: contracts.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB555 Detail]
Download: California-2019-SB555-Amended.html
Amended
IN
Assembly
August 24, 2020 |
Amended
IN
Assembly
July 03, 2019 |
Amended
IN
Senate
May 17, 2019 |
Introduced by Senator Mitchell (Coauthors: Assembly Members Medina and Wicks) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require any contract entered into or renewed on or after January 1, 2020, to provide communications or information services to any person detained or sentenced to a jail or juvenile facility to be negotiated and awarded to an entity that meets the jail or juvenile facility’s technical, functional, and security requirements for services, and that provides the lowest cost of service to any person who pays for the communications service. The bill would prohibit any contract to provide communications or information services to any person detained or sentenced to a jail or juvenile facility from including any commission or other payment, as defined, to the entity operating the jail or juvenile facility. The bill would further require that telephone rates and other service rates affected by these provisions be reduced in response to the
elimination of commission fees.
(3)Existing law, the Local Agency Public Construction Act, regulates contracting by counties and cities, among others, and requires a prospective bidder for a contract to submit specified information.
This bill would require a county sheriff to negotiate and award contracts that provide county jails with communications, information, or commissary services based on providing the best price to the consumer in accordance with specified procedures and requirements. The bill would require a bid for these contracts to include the cost to the consumer. The bill would require a contract for communications, information, or commissary services to include specified provisions, including a provision prohibiting specified fees, a provision relating to renegotiation of the contract by the
county sheriff, and provisions relating to consumer refunds. The bill would provide that a contract negotiated under these provisions is not valid until it is found by the county board of supervisors as being in compliance with these requirements. The bill would prohibit the bundling of contracts and would require a separate contract for each distinct good or service provided. The bill would require the sheriff to perform specified testing of the goods and services provided under the contract, and the county board of supervisors to provide a certified copy of each contract to the county controller.
Because this bill would expand the definition of the crime of perjury and would impose additional contracting requirements on local government entities, it would impose a state-mandated local program.
(4)The California Constitution requires the state to reimburse local agencies and
school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(2)There is a statewide need to support county sheriffs in contracting with private companies who provide communications, information, or commissary services to county jails, out of
recognition that these companies profit from deceptive and confusing contracts, and that imbalance often exists in resources and expertise in these negotiations that are advantageous to private companies.
(3)
(4)
(5)
SEC. 2.
Section 4025 of the Penal Code is amended to read:4025.
(a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash toSEC. 3.
Section 4025.1 is added to the Penal Code, to read:4025.1.
(a) Telephone, communications, or information services rates and other service rates shall comply with the following:(a)Any contract to provide communications or information services to a person detained or sentenced to a jail or juvenile facility shall be negotiated and awarded to an entity that meets the jail or juvenile facility’s technical, functional, and security requirements for services, and that provides the lowest cost of service to any person who pays for the
communications or information service. A county may require a communications or information service provider to cover all costs related to the installation and maintenance of the telephone devices and services.
(b)A contract to provide communications or information services to any person detained or sentenced to a jail or juvenile facility shall not include any commission or other payment to the entity
operating the jail or juvenile facility.
(c)Telephone rates and other service rates shall be reduced in response to the elimination of commission fees.
(d)This section applies only to contracts entered into or renewed on or after January 1, 2020.
(e)For purposes of this section, the following terms have the following meanings:
(1) “Jail” means a county jail, a municipal jail, or a privately operated jail.
(2) “Juvenile facility” means any juvenile hall, camp, ranch, or other facility where a person is detained as a result of a petition pursuant to Section 601 or 602 of
the Welfare and Institutions Code.
(3)“Commission or other payment” means any payments made to provide an incentive for the procurement of contracts, but does not include grants and other payments that do not increase the cost of telephone calls or communications or information services billed to consumers.
(4)“Communications services” has the same meaning as defined in Section 22181.
(5)“Information services” means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, using, or making available information via telecommunications, including electronic publishing. “Information services” does not include the management, control, or operation of a telecommunications system or the management of a telecommunications service.
This act shall be known, and may be cited, as the County Sheriff Jail Contracts Act.
For purposes of this chapter, the following terms have the following meanings:
(a)“Commissary services” means any goods sold inside county facilities to people confined therein.
(b)“Commissions” means revenue generated from the use of communications, information, and commissary services that is returned to county facilities and placed in the Inmate Welfare Fund.
(c)“Communications services” means telephone services, electronic mailing and messaging services, and video visitation services. “Communications services” includes Voice Over Internet Protocol (VoIP) technology, as defined in Section 239 of the Public Utilities Code, and any
technology that is developed after the operative date of the act adding this chapter that is made available to incarcerated people and their loved ones to facilitate their communication.
(d)“Fees” means an amount of money charged to consumers for the use of communications, information, or commissary services. Fees include hidden or undisclosed fees, including extra fees charged for opening an account, having an account, funding an account, closing an account, getting a refund, or receiving a paper bill.
(e)“Information services” has the same meaning as defined in paragraph (5) of subdivision (e) of Section 22120.
(f)“Rates” means a predetermined cost for use of communications, information, or commissary services set by the contracted companies providing services. The rates shall be determined by pricing agreements
detailed in the contracts with sheriffs’ departments. A rate for communications services shall be calculated on a per minute basis.
(a)Notwithstanding any other law, a county sheriff shall negotiate contracts for communications, information, or commissary services based on delivering the best price to the consumer, and shall award contracts for communications, information, or commissary services to the provider offering the best price to the consumer. To comply with this provision, during contract negotiations a county sheriff shall do the following:
(1)Negotiate for low rates.
(2)Refuse unnecessary extra services in the contract.
(3)Make their final decision to award a contract based on the total cost to the consumer, including fees.
(b)(1)A county sheriff shall require that the cost to consumers who pay for communications, information, or commissary services be included in the bid specification.
(2)A county sheriff may require a bid specification for a contract for jail communications, information, or commissary services to include prices for services that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted.
(c)A contract for communications, information, or commissary services shall not bundle multiple goods and services. Instead, a county sheriff shall individually negotiate for every separate and distinct good or service.
(d)A contract for communications, information, or commissary services shall
include all the following provisions:
(1)A provision allowing the county sheriff, with the approval of the board of supervisors, to renegotiate at any time contracts for communications, information, and commissary services provided to the county jail.
(2)(A)A provision prohibiting the following specified fees:
(i)Fees to be charged for depositing money into incarcerated people’s trust accounts for commissary services.
(ii)Fees to open, maintain, fund, or close an account with a communications or information service provider.
(iii)Fees to receive a refund from a communications or information service provider.
(iv)Fees to receive a paper bill with communications or information service providers.
(v)Fees charged for third-party payments through companies including, but not limited to, Western Union and MoneyGram, consistent with paragraph (6).
(B)Subparagraph (A) shall not prevent the charging of reasonable rates for goods or services, as set by law. Subparagraph (A) shall not be construed to prevent sheriffs’ departments from disallowing any additional fees charged to consumers for these services, as they deem appropriate.
(3)A provision prohibiting communications, information, or commissary service providers from taking funds from consumers’ accounts after periods of inactivity. The provision shall require that if the provider violates the provision, then the funds shall be returned to consumers after 90
days of inactivity at no additional cost to the consumers.
(4)A provision that requires service providers or county facilities to fully refund individuals for prepaid scheduled appointments that are canceled or disrupted for reasons outside of their control, including, but not limited to, facility cancellation decisions, natural disasters, or other emergencies.
(5)A provision that requires individuals to be refunded for any prepaid amount of time that is disrupted or fails to meet the service quality standards included in the contract.
(6)A provision that requires service providers to offer multiple options for payment of charges, fees, and trust account deposits. For purposes of this subdivision, “options for payment” include financial services most likely to be used by the families and friends of incarcerated
people, including, but not limited to, Western Union and MoneyGram. “Options for payment” shall not be limited to debit, credit, or gift cards and shall include options that do not require access to the internet for online transactions.
(7)For contracts in which service providers or facilities permit scheduling service appointments, including video visits, in advance, a provision providing that scheduling mechanisms do not require access to the internet.
(a)Every contract awarded under this chapter shall be submitted to the county board of supervisors. That contract shall not be binding on the county until the board of supervisors finds it to be in accordance with the requirements of this chapter and endorses it.
(b)The county board of supervisors shall file a certified copy of each contract endorsed pursuant to subdivision (a) with the county controller. A failure to comply with this subdivision does not invalidate the contract.
To ensure accountability for potential predatory practices by contracted communications or information service providers, a county sheriff shall regularly test communications, information, or commissary services awarded under this chapter as described below. The county sheriff shall document the test results and any subsequent remedial actions taken by sheriffs or the service providers, and shall consolidate the information into an annual written report to be presented to the board of supervisors for review. The report shall be made publicly available with the opportunity for 90 days of public comment. The county sheriff shall comply with the following steps when conducting trial tests of communications or information services:
(a)Tests shall include trial
telephone calls to staff phone numbers not already in the provider’s system and shall include test deposits made via the mechanisms most likely to be used by the families of incarcerated people, including Western Union and MoneyGram.
(b)Tests shall be conducted biannually to monitor how the provider is charging and treating consumers. If it is discovered that the provider is charging consumers beyond the fees and rates disclosed in the contract, the provider is required to refund the charges to the affected consumers, pursuant to subdivision (d) of Section 22182.
(c)Tests shall be conducted with the oversight of individuals or agencies not immediately associated with the contracts, other than the contracted communications or information service companies and county facilities. Direct input from individuals who have experience utilizing county jail telephone systems both inside
and outside of county facilities shall be required and documented in the written reports presented to the board of supervisors.
(a)This chapter shall apply to contracts entered into, or renewed, on or after the operative date of the act adding this section.
(b)Rates shall be reduced in response to reductions in fees and removal of commissions.
(c)Companies contracting to provide communications, information, or commissary services pursuant to this chapter shall not increase or charge new fees in response to the reduction in rates in an attempt to make up lost revenue.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall
be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.