Following arrest and the booking process, a person will usually be allowed to use a jail telephone to call a lawyer, a bail bondsman, and a relative or other person. There is no Constitutional right to make these telephone calls following arrest and incarceration and the ability to make such phone calls is usually governed by state law or by the jail’s policy.
For example, some states provide by statute that an arrested person is entitled to make at least three telephone calls at no expense if the calls are completed to telephone numbers within the local calling area, or at the person’s own expense if outside the local calling area. Some states require that these telephone calls be permitted within three hours following arrest if possible—and in some states, within one hour. And some states more generally require that an arrested person be allowed to use the telephone within a reasonable time following arrest.
Laws regarding an arrested person’s ability to make telephone calls vary from state to state and are generally located in a state’s statutes or in the state’s rules of criminal procedure.
In Alaska, the right of an arrested person to make telephone calls after being taken into custody is not explicitly outlined as a constitutional right, but it is typically governed by state statutes and the policies of the specific jail or detention facility. Alaska Statute 33.30.211 states that a prisoner has the right to communicate with an attorney and a member of the clergy at any reasonable time, and under reasonable conditions as established by the commissioner. While this statute does not specifically mention the right to make telephone calls to relatives or bail bondsmen, it is generally understood that facilities allow for such communication within a reasonable time frame after arrest and booking, in accordance with their internal policies. The exact number of calls allowed and whether they are free or at the person's own expense may vary by facility. It is advisable for individuals who have been arrested in Alaska to inquire about the specific policies of the facility where they are being held regarding telephone calls.