(a) An inmate is responsible for the expenses of inmate telephone use. Such expenses may include a fee for replacement of an inmate's telephone access code that is used in an institution which has implemented debit billing for inmate telephone calls. Each inmate is responsible for staying aware of his or her account balance through the automated process provided by the system. Third party billing and electronic transfer of a call to a third party are prohibited.
(b) The Warden shall provide at least one collect call each month for an inmate who is without funds. An inmate without funds is defined as an inmate who has not had a trust fund account balance of $6.00 for the past 30 days. The Warden may increase the number of collect calls based upon local institution conditions (e.g., institution population, staff resources, and usage demand). To prevent abuses of this provision (e.g., inmate shows a pattern of depleting his or her commissary funds prior to placing collect calls), the Warden may impose restrictions on the provisions of this paragraph (b).
(c) [Reserved]
(d) The Warden may direct the government to bear the expense of inmate telephone use or allow a call to be made collect under compelling circumstances such as when an inmate has lost contact with his family or has a family emergency.
[59 FR 15824, Apr. 4, 1994, as amended at 60 FR 240, Jan. 3, 1995; 61 FR 90, Jan. 2, 1996]
Notes of Decisions
Brett C. Kimberlin v. Michael J. Quinlan, 6 F.3d 789 (D.C. Cir. 1993).
“28 C.F.R. § 540.105 (1992). Yet, Kimberlin was expressly forbidden to make phone calls during the first detention until the afternoon of November 5.”
Washington v. Reno, 35 F.3d 1093 (6th Cir. 1994).
“4,1994); 28 CFR § 540.105 (b). Finally, in response to concerns that the ITS tie-in with the inmate financial responsibility program would place an undue hardship on inmates and their families because additional funds sent to the inmates for phone calls would be tapped for…”
Searcy v. United States, 668 F. Supp. 2d 113 (D.D.C. 2009).
“” 28 C.F.R. § 540.105 (a). 2 The duration of a telephone call is subject to the availability of inmate funds, and, generally, an inmate having sufficient funds is allowed at least three minutes per call.”
United States v. Myers (9th Cir. 2026).
“Inmates must pay to stay in contact with loved ones: they are “responsible for the expenses of [their] telephone use,” 28 C.F.R. § 540.105 , and for purchasing postage stamps, 28 C.”
Searcy v. United States of Am. (D.D.C. 2009).
“” 28 C.F.R. § 540.105 (a).2 The duration of a telephone call is subject to the availability of inmate funds, and, generally, an inmate having sufficient funds is allowed at least three minutes per call.”
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