Letter to Michael Carvajal, Director of the Bureau of Prisons - Amidst Coronavirus Outbreak, Klobuchar, Durbin, and Colleagues Urge Administration to Waive Phone Fees for Incarcerated People And Ensure Access to Confidential Communications with Attorneys

Letter

Dear Director Carvajal:

We write to urge the Bureau of Prison (BOP) to waive fees associated with phone calls for incarcerated people and to allow for unsupervised phone calls or video conferencing with legal counsel for the duration of BOP's suspension of in-person visits at federal prisons.

On January 31, 2020, the U.S. Department of Health and Human Services (HHS) declared the novel coronavirus outbreak a public health emergency, and there are now over 15, 219 confirmed cases and 210 deaths from coronavirus in the United States. Incarcerated people, prison visitors, and those who work as federal correctional staff are at especially high risk of infection due to the conditions of close confinement. On March 13, 2020, the BOP announced a series of measures designed to mitigate the spread of the virus at federal prisons, including suspending in-person social visits with family and loved ones, and suspending in-person visits with legal counsel.

While we appreciate that the BOP is taking measures to protect the safety and wellness of those at its facilities and slow the spread of the virus, it is critical that incarcerated people maintain contact with their family and loved ones, particularly during this crisis. Studies have demonstrated that family contact is a valuable source of support during incarceration and that those who maintain contact with their family experience lower rates of recidivism after release. The BOP's decision to increase telephone time by 200 minutes per month is an important step, but inmates are still required to pay as much as 25 cents per minute in addition to fees charged each call. Incarcerated people and their families should not be forced to bear an additional cost in order to maintain contact during a public health emergency. Therefore, we request that these charges are immediately waived until the BOP reinstates in-person visits at its facilities.

It is also essential that incarcerated people continue to have the opportunity to consult with an attorney without supervision or surveillance. By suspending in-person visits, incarcerated people may be forced to communicate with their attorney using the prison phone system that is monitored by prison officials. The BOP must guarantee that incarcerated people can make telephone calls or use video conferencing services to communicate with an attorneys in a private and confidential setting. Charges for these calls or services should also be waived until the BOP reinstates in-person visits.

Thank you for your attention to this urgent matter.

Sincerely,