Maine PUC can't regulate prisoner phone call rate

PORTLAND, Maine - The Maine Public Utilities Commission doesn't have the power to intervene in a dispute over phone rates paid by state prison inmates, the state supreme court ruled Tuesday.

In an unanimous ruling, the Maine Supreme Judicial Court said state agencies don't have authority over each other, so the Public Utilities Commission doesn't have the right to regulate the phone system run by state's corrections system.

The decision is a setback for inmates, their families and lawyers who complained of exorbitant phone rates charged by state prisons.

Zachary Heiden of the Maine Civil Liberties Union said it costs more to talk to an inmate than it does for a long-distance call to New Zealand.

"We recognize that the prison has an obligation to provide some security measures, and those cost a little bit more. But they have acknowledged that they're charging well beyond their operating expenses," said Heiden, an MCLU staff attorney.

Complaints about prison phone rates are common across the country, and it's tempting for states with budget problems to raise phones rates on prisoners and their families, said Rachel Meeropol from the New York-based Center for Constitutional Rights.

But prisoners and their families are fighting back, with some success.

Two years ago, the New York Legislature responded to criticism about high phone rates by outlawing any sort of arrangement in which the Department of Corrections brings in extra revenue through excessive phone charges on prisoners and their families, Meeropol said.

Last month, the Alabama Public Service Commission imposed its first cap on rates inmates' families can be charged for phone calls made from Alabama from jails and prisons.

In Maine, the Department of Corrections currently imposes a charge of 30 cents per minute, of which the department receives a 33 percent commission, for regular calls. For collect calls, it costs $1.55 to connect, then 25 cents per minute for the call.

Those charges compare to the typical in-state calling rate of about 2 to 3 cents per minute in Maine, critics contend.

"There's a wide range of people who care about this issue — family members and loved ones of people in prison, ministers and other clergy who're in touch with prisoners, and lawyers who need to talk to their clients in jail," Heiden said.

The case began as a complaint filed by Barbara Pierce and other family members before the Public Utilities Commission. They said the PUC was the appropriate agency to set phone rates, which under state law must be "just and reasonable."

The PUC ultimately ruled that it had jurisdiction, and the case went to the supreme court.

In rejecting the PUC's jurisdiction, the supreme court ruled the utility regulators lack statutory authority to regulate another state agency.

PUC spokesman Fred Bever said the commission was sympathetic to the families of prisoners who felt that they were paying unfair telephone rates.

"However, Maine's Supreme Judicial Court is the final arbiter when it comes to statutory interpretation and the commission accepts its decision," he said.

Denise Lord, associate corrections commissioner, said it's unfair to compare regular phone rates to prison phone charges because of the added expense of security measures. Those include preapproved calling lists, call blocking and the ability to monitor calls.

The Corrections Department already eliminated a $1.55 connection fee for regular calls, and it'll continue to review costs to make sure they're fair, she said.

"We are committed to making sure our phone system is fair and reasonable, and we'll continue to look for ways to reduce costs in the future," she said.

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