Communications Services for Incarcerated People with Disabilities

The FCC’s rules require providers of incarcerated people’s communications services (IPCS) to provide access to telecommunications relay services (TRS) and point-to-point video service for incarcerated people who are deaf, hard of hearing, or deafblind or who have a speech disability.

The FCC’s rules apply to providers of IPCS, not to correctional authorities. The U.S. Department of Justice is in charge of accessibility rules that apply to correctional authorities. The FCC’s rules cover telecommunication services and relay services, not in-person or virtual interpreting services for in-person visits to incarcerated people with disabilities.

Starting January 1, 2024, IPCS providers are required to provide communications services for eligible incarcerated people depending on two things. First, the size of the incarcerated population in all the correctional facilities run by either the city, county, state, or federal law enforcement agency. Second, whether broadband internet access is available at the facility.

If the total of correctional facilities run by a law enforcement agency have an “average daily population” of 50 or more incarcerated people and available broadband internet access service, the IPCS provider in such a correctional facility must provide Internet Protocol Captioned Telephone Service (IP CTS), Internet Protocol Relay Service (IP Relay), Video Relay Service (VRS), direct video communications for ASL callers, TTY-based relay service, and Speech-to-Speech Relay Service (STS). If there are no broadband internet access service in these facilities, the IPCS provider must provide non-Internet Protocol Captioned Telephone Service (CTS); TTY-based relay service; and STS.

If the total correctional facilities run by a law enforcement agency have an “average daily population” less than 50 incarcerated persons, the IPCS provider in such correctional facilities must provide TTY-based relay service and STS.

IPCS providers must provide access to at least one certified provider of each required form of TRS.

IPCS providers must make available appropriate screen-equipped communications devices for using these services, such as tablets, smartphones, and videophones, as well as the software required to enable communication.

An incarcerated person can sign up for TRS by informing the correctional facility that you have a hearing or speech disability and that you request access to TRS. For VRS, IP CTS, CTS or IP Relay, the incarcerated person also needs to register with the TRS provider serving the facility.

An incarcerated person cannot be charged for a call using VRS, IP Relay, TTY-based TRS, or STS, or for the use of a device or service to use these relay services. But an incarcerated person can be charged for a call using IP CTS, CTS, or ASL point-to-point video, but the total charge cannot be more than the provider’s charge for a voice telephone call at the same correctional facility. This total cost includes any charge for the use of a device or service.

Also an incarcerated person can be charged for a TTY-to-TTY call, but the total charge cannot exceed 25 percent of the applicable per-minute rate for a voice telephone call at the same correctional facility. This total charge includes any charge for the use of a device or service.

As for monitoring TRS calls, employees of an IPCS provider or correctional facility may monitor and record relay service calls, just as they can with conventional telephone calls.