How to Understand Your Phone Rights While Incarcerated

As a prison inmate, you have the right to talk on the phone at certain times. However, there are rules and regulations governing these calls. Learn the rules before you attempt to exercise your rights.

Instructions

Difficulty: Easy

Things You’ll Need:

• Internet access

Know Your Rights to Phone Access While Incarcerated

1. Know that you have a first amendment right to phone access while incarcerated.
2. Understand that your rights are subject to prison rules and can be restricted in certain situations. For example, breaking prison rules may result in limited or temporary revocation of your phone access.
3. Realize that your phone calls may be monitored in prison. There should be no expectation of phone communication privacy while incarcerated.
4. Accept that you will have to place calls at certain times while incarcerated. You will not have unlimited access to the telephone.
5. Remember that you may have the right to place completely private calls to your criminal attorney in some situations. Ask a corrections officer whether this is allowed in your case.
6. Visit the FindLaw Web site (see Resources below) to better understand your rights while incarcerated.

Assert Your Phone Rights

7. Understand and follow the rules for telephone use to avoid having your access restricted. Ask a corrections officer where the prison phone rules are posted.
8. Ask friends and loved ones to either accept your collect calls or deposit money in your inmate account so you can call more frequently.
9. Learn how to handle any violation of your rights on the American Civil Liberties Union Web site (see Resources below).
10. Seek support and advice on communicating from prison on the Prison Talk Web site (see Resources below).

Tips & Warnings

• Inmates may use prison phones for free in certain situations. For example, if an immediate family member dies or you have urgent legal matters.
• Some prisons require inmates to pay for their own calls. In such a case, you'll need money in your inmate account.