Mich. Admin. Code R. 791.6638 - Telephone monitoring

Current through Vol. 22-05, April 1, 2022

Rule 638.

(1) The director shall select a call control system that will permit the monitoring of telephone calls placed by prisoners in a facility or institution over telephones which are designated for use by prisoners.Monitoring shall be routinely conducted at facilities or institutions designated by the director.
(2) Monitoring shall be conducted to preserve the security and orderly management of the institution or facility; to prevent criminal activity, including the smuggling of contraband; and to protect the general public. Telephone calls to an attorney or any federal, state, or local public official shall not be monitored if all of the following conditions are met:
(a) The attorney is not related to the prisoner by blood or marriage.
(b) The prisoner identifies the telephone number as that of his or her attorney or a federal, state, or local public official and staff verify the information.
(c) The federal, state, or local public official requests, in writing, that telephone calls placed to that public official not be monitored.
(3) A request to place an unmonitored call under the provisions of subrule (2) of this rule shall be honored within 3 business days of receipt of the request by the warden or facility head, or designee, if the conditions specified in subrule (2) are met.
(4) Notice of call monitoring shall be provided as follows:
(a) A written notice shall be posted on or near each telephone subject to monitoring. The notice shall state that calls may be monitored.
(b) There shall be a recorded message at the beginning of each call that is placed. The message shall be audible to both parties and state that the call may be monitored.
(c) A copy of this rule shall be placed in a designated location in each facility or institution for review by prisoners.
(5) The monitoring of telephone calls shall be conducted in a manner so that only the following entities have access to the monitoring equipment and the record of monitored calls:
(a) The director.
(b) The deputy director in charge of correctional facilities.
(c) Regional prison administrators.
(d) The warden or facility head.
(e) Deputy wardens, assistant deputy wardens, and inspectors.
(f) Staff specifically designated by the warden or facility head to be responsible for the call control system.
(g) Other department staff specifically designated by the director.
(h) A law enforcement agency.
(6) Information which is obtained from monitored telephone calls and which is evidence of a violation of, or an attempt to violate, state law or which evidences the commission of, or attempt to commit, a major misconduct violation, as defined in R 791.5501, shall be disclosed to any law enforcement agency having jurisdiction over the violation of, or attempt to violate, a state law and shall be disclosed to department staff as necessary to conduct a major misconduct hearing pursuant to R 791.3315. Upon request, a law enforcement agency shall be provided with a certified copy of the record of a monitored telephone call that contains evidence of a crime or an attempted crime.
(7) For purposes of this rule, "monitoring" means to listen to or record, or both.

Notes

Mich. Admin. Code R. 791.6638
1995 AACS

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