Title 24, TRADE REGULATION

Sec. 13. As used in this chapter, "jurisdictionally mixed charge" means any charge that: (1) consumers may be assessed for use of inmate calling services; (2) is not included in the per minute charges assessed for individual calls; and (3) is assessed for, or in connection with, …

Sec. 14. As used in this chapter, "mandatory tax or fee" means a tax or fee that a provider is required to: (1) collect directly from consumers; and (2) remit to federal, state, or local governments; for, or in connection with, intrastate inmate calling services. As added by P.L.…

Sec. 15. As used in this chapter, "per call or per connection charge" means a one (1) time fee charged to a consumer at call initiation. As added by P.L.34-2022, SEC.8.

Sec. 16. As used in this chapter, "prepaid calling" means a presubscription or comparable service in which: (1) a consumer, other than an inmate, funds an account set up through a provider; and (2) funds from the account can then be used to pay for inmate calling services, includ…

Sec. 17. As used in this chapter, "prepaid collect calling" means a calling arrangement that: (1) allows an inmate to initiate an inmate calling services call without having a preestablished billing arrangement; and (2) provides a means, within that call, for the called party to …

Sec. 18. As used in this chapter, "provider of inmate calling services", or "provider", means any communications service provider that provides inmate calling services, regardless of the technology used to provide the services. As added by P.L.34-2022, SEC.8.

Sec. 19. (a) As used in this section, "site commission" means any form of monetary payment, in kind payment, gift, exchange of services or goods, fee, technology allowance, or product that a provider of inmate calling services pays, gives, donates, or otherwise provides to: (1) a…

Sec. 2. As used in this chapter, "ancillary service charge" means any charge that: (1) consumers may be assessed for, or in connection with, the intrastate use of inmate calling services (including any intrastate inmate calling services call that includes jurisdictionally mixed c…

Sec. 20. (a) The following definitions apply throughout this section: (1) "Automated payment fee" means: (A) a credit card payment fee; (B) a debit card payment fee; or (C) a bill processing fee. The term includes fees for payments made by interactive voice response, the Internet…

Sec. 21. (a) Except as provided in subsection (b), a provider shall not: (1) prohibit or prevent completion of an intrastate collect calling call made in connection with an inmate calling service; or (2) decline to establish or otherwise degrade intrastate collect calling made in…

Sec. 22. (a) A provider may not charge any taxes or fees to users of inmate calling services for, or in connection with, intrastate calls, except for the following: (1) Authorized fees. (2) Mandatory taxes and fees. (b) Any: (1) authorized fee; or (2) mandatory tax or fee; passed…

Sec. 23. A provider may not impose a per call or per connection charge on a consumer for any intrastate inmate calling services call. As added by P.L.34-2022, SEC.8.

Sec. 24. A provider may not offer flat rate calling for intrastate inmate calling services. As added by P.L.34-2022, SEC.8.

Sec. 25. (a) A provider may not institute a minimum balance requirement for a consumer to use: (1) debit calling; or (2) prepaid calling; for intrastate inmate calling services calls. (b) A provider may not prohibit a consumer from depositing at least fifty dollars ($50) per tran…

Sec. 26. (a) After June 30, 2022, a provider shall not enter into or renew a contract with: (1) the department of correction; or (2) any: (A) county; (B) city; or (C) public or private agency or organization; that operates a correctional facility in Indiana; for the provision of …

Sec. 27. A provider that violates this chapter: (1) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4; and (2) is subject to the remedies and penalties under IC 24-5-0.5. As added by P.L.34-2022, SEC.8.

Sec. 3. As used in this chapter, "authorized fee" means a government authorized, but discretionary, fee: (1) that a provider must remit to a federal, state, or local government; and (2) with respect to which a provider is permitted, but not required, to pass through to consumers;…

Sec. 4. As used in this chapter, "collect calling" means an arrangement in which the called party takes affirmative action clearly indicating that the party will pay the charges associated with a call originating from an inmate telephone. As added by P.L.34-2022, SEC.8.

Sec. 5. (a) As used in this chapter, "consumer" means an individual who pays, or is responsible for paying, a provider for intrastate inmate calling services. (b) The term includes an inmate who pays, or is responsible for paying, a provider for intrastate inmate calling services…

Sec. 6. As used in this chapter, "correctional facility" means: (1) a state penal institution; (2) a county jail; or (3) a secure juvenile facility; in Indiana. As added by P.L.34-2022, SEC.8.

Sec. 7. As used in this chapter, "debit calling" means a presubscription or comparable service that allows an inmate, or someone acting on an inmate's behalf, to fund an account that: (1) is set up through a provider; and (2) can be used to pay for inmate calling services calls o…

Sec. 8. As used in this chapter, "flat rate calling" means a calling plan under which a provider charges a single fee for an inmate calling services call, regardless of the duration of the call. As added by P.L.34-2022, SEC.8.

Sec. 9. As used in this chapter, "inmate" means an individual detained at a correctional facility, regardless of the duration of the detention. As added by P.L.34-2022, SEC.8.