Interception of offender’s communications by telephone: Notice; exceptions.
1. Communications made by an offender on any telephone in an institution or facility to any person outside the institution or facility may be intercepted if:
(a) The interception is made by an authorized employee of the Department; and
(b) Signs are posted near all telephones in the institution or facility indicating that communications may be intercepted.
2. The Director shall provide notice or cause notice to be provided to both parties to a communication which is being intercepted pursuant to subsection 1, indicating that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties during the communication shall be deemed notice to both parties that the communication is being intercepted.
3. The Director shall adopt regulations providing for an alternate method of communication for those communications by offenders which are confidential.
4. A communication made by an offender is confidential if it is made to:
(a) A federal or state officer.
(b) A local governmental officer who is at some time responsible for the custody of the offender.
(c) An officer of any court.
(d) An attorney who has been admitted to practice law in any state or is employed by a recognized agency providing legal assistance.
(e) A reporter or editorial employee of any organization that reports general news including, but not limited to, any wire service or news service, newspaper, periodical, press association or radio or television station.
(f) The Director.
(g) Any other employee of the Department whom the Director may, by regulation, designate.
5. Reliance in good faith on a request or order from the Director or his authorized representative constitutes a complete defense to any action brought against any public utility intercepting or assisting in the interception of communications made by offenders pursuant to subsection 1.
Last modified: February 26, 2006