IDOC's telephone policy Challenged

[Dazzler]

In looking through some old research I found this story about the 1999 challenge to the IDOC's telephone policy.  Unfortunately the case was dismissed by the court. 

http://www.ccr-ny.org/v2/legal/justice/justiceArticle.asp?ObjID=Yfs9J0lfmx&Content=79

[Scout]

Here's the appelate ruling Dazzler refers to, I was a named plaintiff in this case...wish I could find the actual complaint.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/7th/001777.html

[downtownchicago]

What an interesting read !

I found this especially interesting: "The claim is substantive, is that the defendants have unreasonably curtailed the liberty of being visited and visiting by denying reasonably priced phone service. And as a substantive claim it cannot fly. It is no different from claiming that a state that raised the gasoline tax and by doing so increased the cost to the plaintiffs of traveling to visit their inmate relatives would be violating the Constitution."

This is a HORRIBLE analogy !  A state gasoline tax affects ALL people who travel on the roads.  The high tariffs for prison phone calls don't affect all people who use the phone, only that subset who receive calls from inmates.  I'm sure a  court would find it unconstitutional to levy a higher gas tax on people using the gas for a particular purpose.

I guess I agree with the logic that this isn't a federal issue, it's a state issue.  But once agaiin the opinion writer supplies a faulty analogy, likening the single phone service provider to the numerous airport concessionaires.  I have to admit I don't know how concessions licenses are handed out, but I know they aren't handed to a single company !  Can you imagine if they were ?  Like "Welcome to McDonald's O'Hare Airport".  >:-)
 

[jewels]

I don't understand why they have the policy that inmates in Illinois cannot call anywhere overseas except Porta Rica. It would cost them nothing and mean so much to us over here. Other states can call but not Illinois, yet it all comes out of our pocket and not the IDOC's.

[downtownchicago]

My guess is that it's just a billing matter, i.e., it's more difficult for Consolidated to bill overseas customers.

It's too bad the inmates can't just use prepaid cards.  :-(

[jewels]

They used to be able to call overseas until the idoc had a new computer system for the phones. The phone cards I am told, can be traded which is why they don't want to use them, but inmates trade just about anything it seems. Over here inmates have phone cards and it seems to present little problem. They can use them to call overseas or where ever they choose. It is up to them to put the money on them. The phone cards would be idea, so J could call me, but it seems not to be!!l

[Forevermah]

Federal inmates can use phone cards, but if they let states inmates use them, how would they make their money, unless they sold them and then it would be a headache to keep track who calls out of state and who calls local so they can collect their insame fees.  No way would they let us send them into them, you can buy them cheap in quanitity and then IDOC would make nothing!   

A local call is $10.00 for 30 minutes, out of state, for that same call is $30.00. Jude I would hate to see what they would charge for overseas, probably $60.00 for that same 30 minutes.   I sure hope the new bill passes and gives families more relief from this craziness, so that more inmates can keep in touch with their families more often!!   :)

[jewels]

I was trying to recall how much they used to charge me years ago. It was, at today's rate of exchange, $18 to accept the collect call, plus $3 per minute. Soon added up!Don't know how much it would be today. Tooooo much!

[JDsMom]

I think it's just sad that a company would do this, especially to people who are already enduring enough pain by having a loved one incarcerated. I just don't understand why the IDOC doesnt have some other system set up , why not set aside so much of a IM's account towards phone cards , and allow the IM to pick it up when they make a call and turn it back in, they could not be traded that way, but I guess that's too much to ask of a system that is already understaffed. Just my humble opinion LOL

[dancer]

It's at least  $35 for out of state,  with the taxes.  Mn inmates can buy phone cards and then it is not an operator assisted call.  It means they can make business calls themselves,  since it is not collect. 

[Lissa]

I wonder if this would even be worth checking into this state and county wise. The prices are outrageous.

[dancer]

What other business would you both pay in advance,  far over market prices, and get charged a fee when you pay in advance?   

[dancer]

Daz,  would you like us to photocopy our bills this month and send you copies to the PO BOX? 

[Dazzler]

I don't know, do you think we should start collecing them?

[dancer]

Yes, I do. 
I hope they have all the universal fund fees on each bill.  Once E went to seg.  no phone calls of course.  two months later I get a bill for  $15 for UF fee.  I called.  They said it was based on bills before,  blah blah.  I paid it.  Two months later I had another  $3 for UF!  I said how can this be?  I paid the last bill,  then the  $15 after that,  is this a tax on the tax?  They said no,  they had not billed for all the UF fees. 

[muah]

I will start collecting all the ones that I have Daz!!!!!!!!

[Still love my son]

Dazzzzzzzzzzz

You get me so excited............LMAO

I am currently on the CUB site (CITIZENS UTILITY BOARD)  IL site:

www.citizensutilityboard.org

I submitted the following request VIA their support request page.
The response says they will contact me within 10 days.


"I am involved in a "campaign" group  fighting for reform for Illinois Inmates families and the exorbant phone bills we must pay to Consolidated Phone Co, that is contracted with the state of IL DOC for collect calls from inmates. Our group is gearing up to be heard regarding the quadruple "Hidden Tax" we pay. Calls are billed approx 80% higher than a NORMAL collect call from "John Q Public" Please visit our WEB site @ Illinoisprisontalk.org
We are very organized and have a pretty big support base. We need your immediate help; We want to get strong.    I advised the group I was certain you could help.  Please visit our SITE, and respond ASAP; I will forward all correspondence to The Chief Editor of our inmate reform site. She has a site name of DAZZLER, but she or many of our committed members will be most happy to engage in a conversation with you. We are willing to do whatever it may take, with much determination.
Thank You so much and we look forward to your response and guidance."


I don't know if EVERYONE should also send a request at this time or wait and see what response I get.
In any event....Please save and review this WEB site, it seems to contain some very good information that many of us could use in our own homes.
I believe this board, is very organized and has accomplished other utility related concerns on behalf of utility concerns.
We shall see what they can offer.

I just think
WE ARE ALL AWESOME......I feel like I belong to a COOL family here.
Hugs
SLMS       *=

[Still love my son]

Well CRAP DAzzzzzzzzzzzzz

Looks like I posted this in the wrong thread..........
Can you move it for me PLzzzzzzzzzzzzzz
Pretty pretty PLzzzzzzzzzz

TY

[Still love my son]

Ok 1 more thing.........

I meant to add that the F***ckrs aka CONSOLIDATED are still charging us the FCC tax or whatever it is called......
There is a lot of info on their site about that,
Interesting the tax was inacted a million yrs ago
in regards to some WAR.....
Learn something new at least once a day.....
Hugs
SLMS

[Jims]

Now, which tax are you talking about?

There's sales tax, state tax, and the federal tax. They aren't supposed to charge federal tax on long distance calls. BUT - if you live within a certain distance of the prison, it is considered a local call and not a long distance call, and therefore, they can continue to charge the federal tax.

I don't know what the heck the federal excise tax is, but they're allowed to charge that, too.

And, of course, the Universal Service Fee. It's a tax, pure and simple. They can call it a fee, a fund, a contribution, charity, or a gift. But it's a tax.

[Still love my son]

I am talking about the TAX that we were allowed to claim on our Federal income TAXES.
That consolidated is still charging some of us.

Not sure which one that is called would have to go look.
There are too many to keep track of.

[colorblind]

I read that case last year, they compare the phone rates to the higher rates you would pay for food at the airport, but that is a false analogy, we can always put a sandwich in our bag to eat and are not forced to buy only their food, unlike inmates that are forced to use only that one service.  And they say "a monolply of force, that is, by definition, the government."  I thought a government was "by the people and for the people" NOT a monopoly of force.  That's what our current court system considers themselves, that's why we need to vote and pay attention to politics and who is elected to judge positions.

[dancer]

A person could say,  that air travel is not required if you are poor.   I don't think talking to ones family should be a luxury. 

[Schrader42]

I don't recall who made the comment but during the 1999 court appeal, it was said that inmates don't have to call home and burden the families with high phone costs when postage stamps are a cheaper way of communication.  I still think the courts could have ruled that the company waive the connection fee which is about $2.95 per call.  That's outrageous!

[Dazzler]

From what I understand about the 1999 lawsuit, it was a class action suit in Federal Court for a Civil Rights violation.  It was not the same basis as the recent ruling in New York.  That 1999 ruling is on our forum somewhere, I remember posting it last year.

[colorblind]

We've all had a taste of how the legal system works and the 1999 case was brought as a civil rights violation, but there are other angles to try, like saying it is collusion, which means, I think, kinda like price fixing, which is illegal in certain circumstances.  The fee paid by the phone companies to the different prison systems seem like an illegal kickback, I don't know the legal term for that, but someone will oneday argue on one of those other topics and win.  I don't think it's a civil rights issue, really, that's why the 1999 case lost.  But everyone can see it's wrong, so one day it will be corrected as long as we keep pushing the issue to everyones attention.

[colorblind]

I was looking around for info on Consolidated and found a couple of things.  At http://sec.edgar-online.com/2005/04/22/0000950123-05-004876/Sections18.asp  there is a financial statement showing the company losing money, but profitable in one area, the public sector, where they had just renewed it's ILDOC contract.   And a copy of the ICC Tariff is at www.consolidated.com/docs/illinois.pdf  It seems to show that Cons. has a calling card system that is cheaper, but maybe the DOC doesn't want to use it???

[Dazzler]

Yes, colorblind, Consolidated does have a debit card system fo use with the company...however, it can't be used with the IDOC.  Consolidated was just some little rural Central Illinois phone company until our state cut this lucrative contract with them.  It still makes me think there is some connection with the company to someone/s in our State government.  I'd like to know who else bid on this contract, hmm?

The civil rights angle didn't fly.  But there might  be a questions as to a monopoly or illegal awarding of the phone contract.

Regardless of the legal basis for a telephone campaign, the state's moral compass is in question.  They know they are ripping off inmate families.  They know they are making gobs of money from us.  They like the profits.  It's just another backdoor tax like so many others in this state.  They keep balancing the budget by whacking the little guy.  Illinois is big on 'sin taxes'...and it appears this is another 'sin tax'.....we are paying for the sins of our loved ones.   In a way, the state is saying we deserve this...we deserve to pay through the nose to talk to 'convicts'. 

I call it GREED.   The Greed of Consolidated to keeps its puni little company afloat and the collusion with the IDOC to kickback our money for a reward.  The DOC is so mismanaged it needs whatever revenue it can suck out of us to float their boat also....