Illinois General Assembly - Full Text of SR0122
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Full Text of SR0122  98th General Assembly




SR0122LRB098 10894 HLH 41419 r


2    WHEREAS, Inmate telephone services are provided to inmates
3of corrections facilities operated by the Illinois Department
4of Corrections (Department) so inmates can communicate with
5family members, friends and legal counsel; these services are
6provided through telephone equipment placed in restricted
7areas at correctional facilities that are accessible to
8inmates; inmates are allowed to use the telephone equipment
9only for pre-paid collect or post-paid collect operator
10assisted calls with members of the public at telephones located
11outside the facilities; the family members and friends of
12inmates are responsible for paying for the calls from their
13loved ones; and
14    WHEREAS, The Department has no incentive to select the
15telephone company that offers the lowest rates to allow inmates
16access to telephone use; rather, the Department has an
17incentive to reap the most profit by selecting the telephone
18company that provides the highest commission; and
19    WHEREAS, Exorbitant telephone rates are not only bad for
20incarcerated persons and their families, but are bad for
21society at large, in that they reduce incarcerated persons'
22ability to communicate with family, while family contact has
23been consistently shown to lower recidivism; exclusive



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1contracts create state-sanctioned monopolies that prey upon
2people who are least able to select alternative methods of
3communication and who are least able to sustain additional
4expenses; and
5    WHEREAS, It is difficult for many families of incarcerated
6persons to pay for phone calls because people in prison often
7come from low-income households; a study of people recently
8released from Illinois prisons found that the price of phone
9calls from prison was one of the two most significant barriers
10to maintaining family contact during their incarceration; and
11    WHEREAS, Illinois is one of 42 states in the United States
12that selects an inmate telephone service vendor based on the
13percentage of revenue the State will receive from that vendor;
15    WHEREAS, The Department of Central Management Services, on
16behalf of the Department of Corrections, posted a solicitation
17for an Invitation for Bid (#12-67094) for inmate telephone
18services at all State correctional facilities in early 2012.
19IFB 12-67094 required each bidder to submit the following:
20        1. the rate charged for each call;
21        2. the fees or surcharges charged;
22        3. the percent of revenues the bidder would pay to the
23    Department of Corrections as a commission; and



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1    WHEREAS, The bid evaluation formula was structured to award
2the highest number of points to the bidder that submitted the
3highest commission to the Department of Corrections; the
4commission rate comprised 55% of the points awarded in the
5solicitation; and
6    WHEREAS, The State has incentive to award the contract to
7the highest bidder because it receives the largest commission
8from the highest bidder; and
9    WHEREAS, Three companies responded to IFB #12-67094, and on
10June 27, 2012, the Department of Central Management Services
11issued their intent to award the contract to Securus
12Technologies, a Texas based company; and
13    WHEREAS, Consolidated Communications Public Services, an
14Illinois based company, is the current provider of inmate
15telephone services for the Department of Corrections;
16Consolidated Communication Public Services has provided
17telephone services to the Department of Corrections since 2002;
19    WHEREAS, Consolidated Communication Public Services filed
20a protest on May 31, 2012 with the Chief Procurement Officer of
21General Services; and



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1    WHEREAS, Consolidated Communication Public Services
2protest alleged that the per call rate contained in the bid
3response submitted by Securus Technologies was above the
4Illinois Commerce Commission established caps on rates and
5charges under 83 111 Adm. Code Sections 770.40(c) and (e); and
6    WHEREAS, The Chief Procurement Officer denied the protest
7and the Department of Central Management Services awarded the
8contract to Securus Technologies. However, in the Chief
9Procurement Officer's Final Determination letter to the
10attorney for Consolidated Communication Public Services on
11June 25, 2012, the Chief Procurement Officer stated the
13        "The key inquiry here is whether the services at issue
14    fall within the regulatory jurisdiction of the Illinois
15    Commerce Commission. If they do, and they are not otherwise
16    exempt, then the restrictions of Section 770 apply and the
17    award must be rescinded."
18    Consolidated Communication Public Services also filed a
19Verified Petition for a Declaratory Ruling with the Illinois
20Commerce Commission on July 3, 2012; Consolidated
21Communication Public Services protest alleged that the per call
22rate submitted by Securus Technologies above the Illinois
23Commerce Commission established caps on rates and charges under
2483 Ill Adm. Code Sections 770.40(c) and (e); and



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1    WHEREAS, The Illinois Commerce Commission's Administrative
2Law Judge and Illinois Commerce Commission's Staff issued a
3recommendation to the Commission and agreed that Securus' per
4call rate of $4.10 exceeded the rate caps established by
5Illinois Commerce Commission rules and regulations. This
6matter is pending before the Commission; therefore, be it
8ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is
9directed to conduct a management audit of the State's
10procurement of inmate telephone service vendors for the
11Department of Corrections' inmate telephone service program;
12and be it further
13    RESOLVED, That the audit include, but not limited to the
14following determinations:
15        Whether all aspects of the procurement process were
16    conducted in accordance with applicable laws, rules,
17    regulations and policies;
18        Whether the evaluative criteria guiding the selection
19    by the Department of Central Management Services of vendors
20    were adequate and uniformly applied to competing vendors;
21        Whether decisions concerning the selection of vendors
22    and resolution of protests are adequately supported and
23    documented;



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1        Whether the bids submitted by vendors and evaluated by
2    the Department of Central Management Services were in
3    compliance with the terms set forth in the solicitation
4    document; and
5        Whether or not the Department of Central Management
6    Services in the course of the procurement process or
7    resolution of the protests, took into consideration the
8    cost impact the solicitation might place on the family
9    members, friends and general public who are responsible for
10    paying for the calls; and be it further
11    RESOLVED, That the Auditor General commence this audit as
12soon as possible and report his findings and recommendations
13upon completion to the General Assembly.