15 §712. Exceptions
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)
Chapter 102: INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS
§712. Exceptions
1. Switchboard operators, communication common carrier agent. It is not a violation of this chapter for an operator of a switchboard or an officer, employee or agent of any communication common carrier, as defined in this chapter, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication, provided that the communication common carriers shall not utilize service for observing or random monitoring, except for mechanical or service quality control checks, nor shall any such officer, employee or agent use or disclose to another the contents as defined in this chapter of the communication so intercepted.
[ 1987, c. 680, §5 (NEW) .]
2. Investigative officers. It is not a violation of this chapter for an investigative officer, as defined in this chapter, or for an employee of the Department of Corrections acting at the direction of an investigative officer, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity that is a necessary incident to the administration of criminal justice, if:
A. Either the sender or receiver of that communication is a person residing in an adult or juvenile correctional facility administered by the Department of Corrections; and [2009, c. 93, §1 (AMD).]
B. Notice of the possibility of interception is provided in a way sufficient to make the parties to the communication aware of the possibility of interception, which includes:
(1) Providing the resident with a written notification statement;
(2) Posting written notification next to every telephone at the facility that is subject to monitoring; and
(3) Informing the recipient of a telephone call from the resident by playing a recorded warning before the recipient accepts the call. [1997, c. 361, §3 (AMD).]
C. [1997, c. 361, §3 (RP).]
This subsection does not authorize any interference with the attorney-client privilege.
[ 2009, c. 93, §1 (AMD) .]
3. County jail investigative officer. It is not a violation of this chapter for a county jail investigative officer, as defined in this chapter, or for a county jail employee acting at the direction of a county jail investigative officer to intercept, disclose or use that communication in the normal course of employment while engaged in any activity that is a necessary incident to the administration of criminal justice if:
A. Either the sender or the receiver of that communication is a person residing in an adult section of the county jail; and [1997, c. 361, §4 (NEW).]
B. Notice of the possibility of interception is provided in a way sufficient to make the parties to the communication aware of the possibility of interception, which includes:
(1) Providing the resident with a written notification statement;
(2) Posting written notification next to every telephone at the jail that is subject to monitoring; and
(3) Informing the recipient of a telephone call from the resident by playing a recorded warning before the recipient accepts the call. [1997, c. 361, §4 (NEW).]
This subsection does not authorize any interference with the attorney-client privilege.
[ 1997, c. 361, §4 (NEW) .]
SECTION HISTORY
1973, c. 561, (NEW). 1973, c. 788, §61 (AMD). 1979, c. 701, §12 (AMD). 1987, c. 680, §5 (RPR). 1995, c. 182, §1 (AMD). 1997, c. 361, §§3,4 (AMD). 2009, c. 93, §1 (AMD).