Loading...
HomeMy WebLinkAboutAgenda Report - June 2, 2021 C-13AGENDA ITEM 120,113 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Receive Presentation and Adopt Resolution Authorizing Chief of Police to Execute Inmate Communications Agreement with Network Communications International Corporation of Longview, Texas MEETING DATE: June 2, 2021 PREPARED BY: Chief of Police RECOMMENDED ACTION: Receive presentation and adopt resolution authorizing Chief of Police to execute inmate communications agreement with Network Communications International Corporation of Longview, Texas. BACKGROUND INFORMATION: On December 20, 2020 the Police Department was informed that our existing inmate communications contractor, Legacy Communications, made the strategic decision to cease offering inmate telephone service completely. Legacy Communications wanted to minimize disruption to the inmate communication operations and partnered with Network Communications International Corporation ("NCIC"), a longtime, nation-wide provider of inmate communications. The Lodi City Jail is a Type 1 facility, which is defined as "a local detention facility used for the detention of persons for not more than 96 hours, excluding holidays, after booking," by the California Department of Corrections Title 15. The purpose of the Lodi City Jail is to: house inmates prior to appearing in court for sentencing; short periods of time before transport to County Jail; or use of the safety and sobering cells before release, which is used to house those inmates who are sufficiently intoxicated from any substance and require a protected environment to prevent injury. The Lodi City Jail has 20 jail cells and two booking cells with the capacity to house 20 inmates prior to court appearances, with separate holding cells for males and females. Each of these cells is equipped with a phone including the booking cells. The phones in the booking cells do not charge inmates for phone calls due to the minimal time they occupy these rooms. NCIC provides at no cost to the City, the service to all of the jail phones. NCIC provides a comprehensive Inmate Telephone System (ITS) that allows for collect, prepaid collect and debit/debit card calls for local, intralata/intrastate, interlata/intrastate, interlata/interstate, and international calls. NCIC is responsible for compliance with all FCC regulatory requirements and any other requirements imposed by local, state and federal regulatory agencies for all ITS and related services provided throughout the duration of the agreement. NCIC's ITS services includes all system infrastructure including, network, servers, telecommunications capabilities, monitoring and recording functionality, and any additional required system functionality. NCIC has the self-proclaimed lowest rates in the industry and has provided a comparison chart to our previous provider, Legacy Communications. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Receive Presentation and Adopt Resolution Authorizing Chief of Police to Execute Inmate Communications Agreement with Network Communications International Corporation of Longview, Texas June 2, 2021 Page 2 Inmate Telephone Providers — Comparison Lodi Police Department Pei -Minute Calling Rates Local Calls Intralata Calls Legacy NCIC Interlata Calls Legacy NCIC Legacy NCIC Interstate Calls Legacy NCIC When the Lodi Police Department brought this item to council on April 21, 2021 there were concerns brought to council by a citizen that we would like to respond to and clarify. 1) Inmate Telephone Systems exploit inmate's low income family and friends. Per NCIC the average phone call from jail lasts 7.29 minutes (higher than industry standard, due to the affordability of calls and less fees) making the total expense to the call recipient $4.83 or $7.77 if a live operator is needed. 2) Using the inmate telephone system forces inmates to waive their right to trial by jury, class action law suit, or group lawsuits. In response, there is no connection between making calls through the inmate telephone system and waiving any judicial rights. 3) Are there any alternate ways of communication in the City Jail? The Inmate Telephone Systems are the safest manner of communication within jails. Many crimes have been and can be prevented as a result of defined use and monitored communication in jails. The California Penal Code does not allow any persons to possess wireless communication devices in jail, and California Code of Regulations states that all inmate calls placed on inmate telephones may be subject to monitoring and recording. Monitoring can be waived when requested by and communicating with attorneys. Receive Presentation and Adopt Resolution Authorizing Chief of Police to Execute Inmate Communications Agreement with Network Communications International Corporation of Longview, Texas June 2, 2021 Page 3 When we were informed about the discontinuation of services the department attempted contact with two other vendors with no response. In the meantime, services started with NCIC while the contract was being reviewed. Since services transitioned the jail has not had any issues and is satisfied with NCIC's service. This agreement is a month to month term and the inmate communication service is revenue generating. The department will receive 20% of all call revenues. FISCAL IMPACT: This is a revenue generating contract. FUNDING AVAILABLE: Not applicable. Sierra Brucia Chief of Police Signature: Steve Sc Sr (May 26, 202116:02 PDT) Email: sschwabauer@lodi.gov InmateTelephone System City of Lodi Jail Chief Sierra Brucia June 2, 2021 The Lodi City Jail is a Type 1 facility, which is defined as "a local detention facility used for the detention of persons for not more than 96 hours, excluding holidays, after booking," by the California Department of Corrections Title 15. • The purpose of the Lodi City Jail is to: house inmates prior to appearing in court for sentencing; short periods of time before transport to County Jail; or use of the safety and sobering cells before release, which is used to house those inmates who are sufficiently intoxicated from any substance and require a protected environment to prevent injury. • The Lodi City Jail has the capacity to house 20 inmates prior to court appearances, with separate holding cells for males and females. • In addition to the 20 beds available within the Lodi City Jail, there are also two sobering cells. Inmates are placed in booking cells when they enter the City Jail. Inmates are to be booked within three hours. These rooms are equipped with phones pictured below which are no -cost to the prisoner or call recipient. • 20jail cells are equipped with phones pictured below. • These phones have been available to inmates since the opening of the City Jail in zoo3. Inmates are entitled to three completed phone calls, though many times they are allowed more than three. • These phones have no cords to prevent self-inflicted injury. • On December 20, 2020 the Police Department was informed that our existing inmate telephone systems (ITS) contractor, Legacy Communications, made the strategic decision to cease offering inmate telephone service completely. • Legacy Communications has been the Lodi Jail service provider since before 2004. • Legacy Communications wanted to minimize disruption to the inmate communication operations and partnered with Network Communications International Corporation ("NCIC"), a longtime, nation-wide provider of inmate communications. • NCIC provides the same level of services to the Lodi Jail and inmates as Legacy Communications. • NCIC provides, at no cost to the City, a fully operational, local and long distance, secure and reliable Inmate Telephone System (ITS). • NCIC provides a comprehensive ITS that will allow for collect, prepaid collect and debit/debit card calls for local, i ntra I ata/i ntra state, i me rl ata/i ntra state, i me rl ata/interstate, a n d international calls. NCIC is responsible for compliance with all FCC regulatory requirements and any other requirements imposed by local, state and federal regulatory agencies for all ITS and related services provided throughout the duration of the agreement. • NCIC's ITS services includes all system infrastructure including, network, servers, telecommunications capabilities, monitoring and recording functionality, and any additional required system functionality. Rates CALL TYPE PREPAID COLLECT I DEBIT / DEBIT CARDS LOCAL INTRALATA/INTRASTATE INTERLATA / INTRASTATE INTERLATA / INTERSTATE MEXICO INTERNATIONAL COMMISSION AMOUNT: 20% CHARGE/FEE NAME LIVE OPERATOR TRANSACTION FEE: AUTOMATED OPERATOR TRANSACTION FEE: WEB TRANSACTION FEE: Innnate Telephone Providers — Comparison Lodi Police Department Local Calls LPg;%CV Iyer-,NEati re Cffiig RaTes Intmi a Calls NCIC Leff» NCIC Interlata Calls Interstate Calls L - -y NCIC L S NCIC • NCIC's rates are the lowest in the industry. • The cost pays for the hardware and software repairs, maintenance, and commissions. • Commissions go into an inmate welfare fund that directly benefits the inmates. • E.g. Jail deep cleaning, meals, and prescriptions "Exploitation of Inmate's Low Income Family/Friends" • Rates per minute are$0.25, plus operator connection fees. • According to NCIC the average phone call from jail lasts 7.29 minutes (higher than industry standard, due to the affordability of calls and less fees) making the total expense to the call recipient $4.83 or $7.77 if a live operator is needed. • The City Jail is a short-term holding facility negating the need for numerous lengthy phone calls. "Using the inmate telephone system forces inmates to waive their right to trial by jury, class action law suit, or group lawsuit" • There is no connection between making calls through the inmate telephone system and waiving any judicial rights. "Are there alternate ways of communication?" • CA Penal Code Section 4575(a) states: Any person in a local correctional facility who possesses a wireless communication device, including, but not limited to, a cellular telephone, pager, or wireless Internet device, who is not authorized to possess that item is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars (ss,000). Inmate Telephone Systems are the safest manner of communication within jails. Many crimes have been and can be prevented as a result of defined use and monitored communication. • CA Code of Regulations Title 15 Section 3282 regulates the use of telephones by inmates. Title 15 Section 3282(e) states: All inmate calls placed on intrafacility and inmate telephones may be subject to monitoring and recording at anytime by institution staff. Questions RESOLUTION NO. 2021-156 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE INMATE COMMUNICATIONS AGREEMENT WITH NETWORK COMMUNICATIONS INTERNATIONAL CORPORATION, OF LONGVIEW, TEXAS WHEREAS, on December 20, 2020, the Police Department was informed that the existing inmate communications contractor, Legacy Communications, made the strategic decision to cease offering inmate telephone service completely; and WHEREAS, Legacy Communications wanted to minimize disruption to the inmate communication operations and partnered with Network Communications International Corporation ("NCIC"), a longtime nationwide provider of inmate communications; and WHEREAS, this agreement is a month-to-month term and the inmate communication service is revenue generating, with the Police Department receiving 20% of all call revenues. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Chief of Police to execute the inmate communications agreement with Network Communications International Corporation, of Longview, Texas; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Date: June 2, 2021 I hereby certify that Resolution No. 2021-156 was passed and adopted by the Lodi City Council in a regular meeting held June 2, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JENNIFE CUSMIR City Clerk 2021-156