Change in Phone Policy Creates Chaos
Last-minute and confusing communication by the federal Bureau of Prisons (BOP) and its facility-level staff members is stoking rumors and fueling anxiety among incarcerated individuals and their family members.
In October, the BOP issued a public announcement indicating that adults in custody (AICs) would no longer be able to make up to 510 minutes of free phone calls each month, beginning in 2025. Instead, it said, only AICs who are at least on a waiting list for one of its “evidence-based recidivism-reduction” (EBRR) programs would be able to make calls for free – and only up to 300 minutes per month (and no more than 30 minutes per day). This, even though the First Step Act of 2018 authorizes the BOP to award up to 510 additional phone minutes to individuals participating in programming, over and above the 300 minutes everyone received prior to the COVID pandemic (during which all AICs were allocated 510 free minutes, since personal visits weren’t possible).
In the three days leading up to the new year, the BOP finally got around to informing AICs in every prison of this new policy, and chaos has ensued. We began to receive a torrent of confused emails from AICs, and Facebook groups of family members are abuzz.
“The BOP has decided to make its own rules once again,” wrote one prisoner. “And it’s contrary to the First Step Act, the law of the land. Three hundred minutes is what everyone got before the FSA. One of the incentives for recommended programming that was supposed to be offered is more minutes – an additional 510. If the BOP is concerned about budget, wouldn’t it want to do that, then charge for it? This is ripe for litigation.”
Phone calls are the backbone of AICs’ connection to family and friends; visits are expensive and mail is often unpredictable and slow. Three hundred minutes is only 20 15-minute calls a month – less than one per day. “I have 10 children I communicate with and a multitude of family and friends I communicate with!” says one AIC. The co-founder of More Than Our Crimes must make many calls to help run the nonprofit organization. In addition, he is housed at USP Coleman 1, a facility that was locked down about three-quarters of 2024. The 30-minute daily limit on calls is particularly punitive.
“This ‘incentive’ feels like a straight-up punishment,” says Christopher Cobb, from FCI Atlanta.
In addition, individuals inside the prisons say they are receiving a variety of conflicting information, much of it wrong, according to what we’ve been told by the BOP itself:
USP Atwater (CA): “The warden made an announcement saying that although we can only get 300 minutes free now (if are in a program or on a wait list and are on the ‘refuse’ list for paying fines and restitution), we can pay for another 210 minutes.” This is incorrect. The BOP says the limit is 300 minutes, and it is “exploring” an expansion to allow another 210 minutes, at the AIC’s expense.
USP Victorville (CA): “Two memos have been posted on our electronic bulletin: one from the captain and one from the Trulincs [email) supervisor. But they differ: One says 300 free minutes for those signed up for FSA classes, and the other says everybody will get 300 free minutes, and FSA enrollees will get an additional 210.” The second memo is incorrect.
FCI Sheridan (OR): “Here they are saying that if you aren’t FSA-eligible, you do not receive any free calls.” The trick here is what is meant by “FSA-eligible.” AICs do not need to be eligible for FSA time-off credits to receive the free minutes. They merely need to be on the wait list for an approved program (a status that is reviewed monthly).
FCI Hazelton (WV): “What if you already have done a multitude of FSA programs and can’t do any now? There aren’t any waiting list for eligible programs here.” It is relatively easy to get on a waiting list at most prisons, but we can imagine that isn’t true everywhere, and the BOP bulletins do not address that situation. For example, to be accepted into an EBRR program, an AIC typically must be marked as in need of at least one of the 13 skills (such as anger management and parenting) in the SPARC -13 assessment. It’s possible a person could be assessed as not in need.
FCI Fairton (NJ): “Once you complete your 30 minutes of free phone time here, you can’t talk anymore even if you are willing to pay.” This is not how it’s supposed to be operating, from our understanding. The 30-minute limit per day is for free calls.
FCI Loretto (PA): “They posted a chart here showing that if you have to call internationally, the cost varies by country.” Our reading of the July FCC ruling is that international calls also are subject to the 6-cent-per-minute cap. However, we are seeking to confirm that.
Another important observation: If a call is not free, family members may pay instead via an account with ICSolutions. However, when we contacted them, the operator had no knowledge of the FCC ruling (which states the agency intended to reduce costs for AICs as well as their family members) and listed per-minute costs much higher than 6 cents for even domestic calls. On the other hand, there is an advantage to paying for calls through the outside service. A proposed rule from the BOP would authorize the agency to deduct dollars from AICs’ accounts every month if they owe court-ordered restitution or other fees.
A final note: The free calls do not start until an AIC uses up his or her minutes from the previous cycle. Once an AIC “revalidates,” the free calls kick in. This was not communicated to AICs in advance – another source of confusion!
In previous times, says PERA executive director and former BOP case manager Jack Donson, staff were given talking points in advance when major changes like this were implemented across the BOP, and a townhall meeting was held to make sure everyone was on the same page. Clearly that didn’t happen now. If there was ever a textbook case of another poorly managed aspect of the FSA, this is it. Stay tuned, there will clearly be more updates.
