N.M. Admin. Code § 17.11.28.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.11.28.7 - DEFINITIONS

As used in this rule, the following terms have the meanings provided, unless a different meaning is clearly expressed in the context in which the term is used. The commission will interpret the definitions broadly enough to ensure compliance with the purpose of this rule:

A.Terms starting with the letter "A" are defined as follows:

(1)"ancillary service charge" means any charge that is assessed on the consumer for the use of additional features of inmate calling services that is not included in the per-minute charges assessed for individual calls. The types of ancillary service charge are as follows: automated payment fees, fees for single-call and related services, live agent fees, paper bill fees, statement fees and third-party financial transaction fees.

(2)"authorized fee" means a government-authorized, but discretionary, fee which a provider must remit to a federal, state, or local government, and which a provider is permitted, but not required, to pass through to consumers. An authorized fee may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation.

(3)"automated payment fee" means a credit card payment, debit card payment, or bill processing fee, including a fee for payments made by interactive voice response (IVR), web, or kiosk.

(4)"average daily population (ADP)" means the sum of all incarcerated persons in a facility for each day of the preceding calendar year, divided by the number of days in the year.

B.Terms starting with the letter "B" [RESERVED]

C.Terms starting with the letter "C" are defined as follows:

(1) "collect calling" means an arrangement whereby the called party takes affirmative action clearly indicating that it will pay the charges associated with a call originating from an institutional phone.

(2)"commission" means the New Mexico public regulation commission.

(3)"complaint" means an oral or written expression of dissatisfaction with an ICSP's rates,

fees, charges, or services, including a request for repair involving service outage, made to the ICSP, correctional institution, or to the commission by or on behalf of a consumer or user of inmate calling services.

(4)"consumer" means the person paying an ICSP for an inmate calling service.

(5)"correctional facility or correctional institution" means a jail or a prison.

D.Term starting with the letter "D" is defined as follows:"debit calling"means a presubscription or comparable servicewhich allows an incarcerated person, or someone acting on an incarcerated person's behalf, to fund an account set upthrough a provider that can be used to pay for inmate calling service calls originated by theincarcerated person.

E.Terms starting with the letter "E" [RESERVED]

F.Terms starting with the letter "F" are defined as follows:

(1)"fees for single-call and related services" means billing arrangements whereby and incarcerated person's collect calls are billed through a third party on a per-call basis, where the called party does not have an account with the ICSP or does not want to establish an account.

(2)"flat rate calling" means a calling plan under which a provider charges a single fee for an inmate calling service call, regardless of the duration of the call.

G.Terms starting with the letter "G" [RESERVED]

H.Terms starting with the letter "H" [RESERVED]

I.Terms starting with the letter "I" are defined as follows:

(1)"incarcerated person" means a person detained at a jail or prison, regardless of the duration of the detention.

(2)"inmate calling service" means a service, regardless of the technology used to deliver the service, initiated by an incarcerated person to place intrastate calls to individuals outside the correctional facility where the incarcerated person is being held.

(3)"inmate calling service provider, or provider (ICSP)" means a provider of inmate calling service.

(4)"institutional phone" means a telephone instrument, or other device capable of initiating calls, accessible only to incarcerated persons.

J.Terms starting with the letter "J" are defined as follows:

(1)"jail" means a facility of a local, state, or federal law enforcement, mental health, or other agency that is used primarily to hold individuals who are:

(a) awaiting adjudication of criminal charges;

(b) post-conviction or committed to confinement of one year or less; or

(c) post-conviction or awaiting transfer to another facility.

The term also includes city, county or regional facilities that have contracted with a private company to manage day-to-day operations; privately-owned and operated facilities primarily engaged in housing city, county or regional incarcerated persons; facilities operated by the Federal bureau of prisons and facilities used to detain individuals pursuant to a contract with U.S. immigration and customs enforcement; juvenile detention centers; and secure mental health facilities.

(2)"jurisdictionally mixed charge" means any charge consumers may be assessed for use of inmate calling services that are not included in the per-minute charges assessed for individual calls and that are assessed for, or in connection with, uses of inmate calling services to make such calls that have interstate or international components and intrastate components that are unable to be segregated at the time the charge is incurred.

K.Terms starting with the letter "K" [RESERVED]

L.Term starting with the letter "L" is defined as follows:"live agent fee"means a fee associated with the optional use of a live operator to complete inmate calling service transactions.

M.Term starting with the letter "M" is defined as follows:"mandatory tax or mandatory fee"means a fee that a provider is required to collect directly from consumers, and remit to federal, state, or local governments. A mandatory tax or fee that is passed through to a consumer for, or in connection with ICSP services may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation.

N.Terms starting with the letter "N" [RESERVED]

O.Terms starting with the letter "O" [RESERVED]

P.Terms starting with the letter "P" are defined as follows:

(1)"paper bill fee" means a fee associated with providing customers of ICSPs an optional paper billing statement. This fee is also referred to as a statement fee.

(2)"per-call, or per-connection charge" means a one-time fee charged to a consumer at call initiation.

(3)"prepaid calling" means a presubscription or comparable service in which a consumer,

other than an incarcerated person, funds an account set up through an ICSP. Funds from the account can then be used to pay for inmate calling services, including calls that originate with an incarcerated person.

(4)"prepaid collect calling" means a calling arrangement that allows an incarcerated person to initiate an inmate calling services call without having a pre-established billing arrangement and also provides a means, within that call, for the called party to establish an arrangement to be billed directly by the ICSP for future calls from the same incarcerated person.

(5)"prison" means a facility operated by a territorial, state, or federal agency that is used primarily to confine individuals convicted of felonies or held for other reasons and sentenced or committed to terms in excess of one year. The term also includes public and private facilities that provide outsource housing to other agencies such as the department of correction and the federal bureau of prisons; and facilities that would otherwise fall under the definition of a jail but in which the majority of incarcerated persons are post-conviction or are committed to confinement for sentences of longer than one year.

Q.Terms starting with the letter "Q" [RESERVED]

R.Term starting with the letter "R" is defined as follows: "rate cap"means the maximum allowable rates, fees, and ancillary service charges for intrastate calls initiated from an institutional phone as approved by the commission.

S.Terms starting with the letter "S" [RESERVED]

T.Term starting with the letter "T" is defined as follows: "third-party financial transaction fee" means the exact fee, with no markup, that an ICSP is charged by a third party to transfer money or to process a financial transaction to facilitate a consumer's ability to make an account payment via a third party.

U.Term starting with the letter "U" is defined as follows:"user"means a person who makes or receives a call through an inmate calling service.

V.Terms starting with the letter "V" [RESERVED]

W.Terms starting with the letter "W" [RESERVED]

X.Terms starting with the letter "X" [RESERVED]

Y.Terms starting with the letter "Y" [RESERVED]

Z.Terms starting with the letter "Z" [RESERVED]

N.M. Admin. Code § 17.11.28.7

17.11.28.7 NMAC - N, 08-15-13, Adopted by New Mexico Register, Volume XXXIV, Issue 21, November 7, 2023, eff. 11/7/2023