Everyone is excited about the BOP announcement that tablets are coming that will allow prison residents to make calls, visit by video with friends and family members, send emails, and participate in a variety of educational activities. And so am I. But as a former journalist who also is very familiar with daily life in prisons, I am a bit skeptical about a few questions that remain unanswered, and believe some caution is warranted before we all celebrate.
Some background: The BOP has awarded the tablet /communications contract to Securus Technologies, one of the two dominant companies in the market (the other is ViaPath, formerly GTL). It provides communications technology to more than 3,400 correctional agencies and serves over 1.2 million incarcerated people. The company has grown largely through acquisitions. The biggest was its purchase of JPay in 2015.
The BOP’s choice of company matters because the contract is not simply a tablet purchase. It is a transformation of the bureau’s communications infrastructure. The contract makes Securus the platform through which incarcerated people access virtually all online communication and much of the agency’s educational offerings. That will give Securus enormous influence over both the user experience and the economics of incarceration.
Securus has been at the center of many debates over prison privatization. Some of the major criticisms include:
- Historically high phone rates before FCC reforms.
- Contracts that shared revenue (“site commissions”) with prisons and jails, creating incentives to keep prices high.
- Expensive tablet content even as phone-call prices have come down.
- Concerns that some facilities reduced or eliminated in-person visitation after introducing paid video visitation.
In its defense, Securus has argued that it has now reduced many communication costs and offers free educational content.
Below is a discussion of what is known (very little) at this point, what is not, and what questions all advocates should be asking.
Rollout timing
Everyone wants to know when the rollout will begin, and the BOP is silent on that issue. However, it doesn’t seem to be imminent, despite rumors to the contrary. The contract calls on Securus to install cabling for wireless infrastructure at every institution. The people in my prison network had reported that work had already taken place, but apparently that was only the first required step. Thus, my conclusion is this: The first phase of the Securus “arrival” appears to involve installing or completing the physical infrastructure needed for the tablet system — including kiosks, wireless infrastructure and cabling. I don’t see a public deadline for the installation phase.
Who will pay for what
The info I can find suggests that the tablets (and the required infrastructure/build-out) will be provided by Securus at no cost to residents or the BOP. Sounds good, yes. But here’s the important point: Securus will make its profits via paid services.
Likely to be paid for by prisoners and their families:
- Email.
- Video calls.
- Phone calls.
- Printing.
- Music subscriptions.
- Movies/TV subscriptions.
- Games subscriptions.
- Podcast subscriptions.
Although Securus has boasted in the past that it offers free educational access, the BOP’s press release says people will “gain access”; it does not say free access.
This is a very important issue because, think about it: If everyone in federal prison now can call, email or video-visit at any time from their cell, usage will skyrocket – and thus could become very expensive. A few questions:
- Will Securus keep all gross revenue?
- Will the BOP receive any commission or revenue share?
- Will individual institutions receive revenue?
- Will any revenue go to inmate welfare/recreation funds?
This last question is important because the existing communications system (managed by Advanced Technologies Group) is financed by the Inmate Trust Fund, which is replenished by profits/fees from telephone services and TRULINCS. If (and that is a big if, since public data are not available on this subject) any excess funds can be used for other services that benefit prisoners. Under the new Securus contract, will revenues from paid communications and tablet services continue to flow into the Trust Fund for the benefit of incarcerated people, or will they be retained by Securus as cost recovery/profit? And, will this detail be publicly available?
Limits on phone minutes?
Currently, residents get 300 free minutes a month if they are at least on the waiting list for approved programs, and they can purchase more, up to a cap of 510 . But that limit only made sense when access was limited by shared wall phones, which often caused fights after lockdowns. Once the BOP moves to individual tablets, that rationale is much weaker.
So: If tablets eliminate the scarcity problem that justified rationing phone access, 5h3 BOP should explain why a 510-minute monthly cap is still necessary. I can imagine the BOP might argue that a limit is needed due to security/monitoring capacity (more calls mean more communications to monitor or investigate) or network capacity (the higher video/voice traffic could strain the system), but those don’t automatically justify the same cap.
Charging and repairs
Currently, tablets must be charged at kiosks by officer stations – meaning there is no access during lockdowns. Since, under this new system, tablets will be used a lot more and for so many critical services (like education), the ability to re-charge becomes much more than a convenience issue. If the tablet battery dies, the owner may lose access to core services. These issues are not yet publicly discussed:
- Will tablets only be able to be charged at kiosks outside the cells?
- For how long will the Securus tablet battery last?
- What about access to tablets and charging in the SHU?
- Will access differ for holdover or transit status?
In other words, if the BOP digitizes core functions, what will guarantee access when people cannot move freely?
One note: The contract appears to require Securus to repair or replace malfunctioning devices within seven days, although the public summary does not make clear whether that means calendar days or business days, and what remedies apply if Securus misses the deadline.
Gatekeeper for educational content
This matters for More Than Our Crimes and PERA, because we could offer some very beneficial content. The contract stipulates that Securus’ Atlas content management platform will house all such information.
The BOP states that all content will be standardized across its network of prisons, and that only it has the authority to approve what content is offered. In other words, the same content must be offered everywhere and Securus cannot simply add or change content whenever it wants.
That may also make it harder for outside organizations like More Than Our Crimes and PERA to get educational material onto the tablets. It also opens the door to corruption and bias in the form of “favored” partnerships due to personal connections.
We want to know:
- Who within the BOP will approve Atlas content? Is it the Education Branch, Correctional Programs Division or a national review committee?
- What standards will be used? Is there a written review policy?
- How long will approval take?
- Can outside nonprofits submit content directly, or only through Securus?
- Are denials documented and appealable?
Status of current tablets and purchases
Securus will implement the replacement of the tablets, and the BOP will phase out current MP3 players and existing messaging/phone systems during the transition. What is not publicly addressed is whether residents will lose previously purchased music, videos, games, messages, photos, or account balances. The value of purchased music, etc. can run into the thousands of dollars!
Other questions
- Will tablets connect to BOP medical records?
- Will incarcerated people submit medical requests through tablets?
- What about grievances? Will they be able to be filed through tablets?
- If so, can staff delete, delay or alter submissions?
- How will the BOP measure Securus’ performance?
MTOC and PERA will be monitoring these issues going forward, and filing multiple FOIA requests.
