The END CELLS Act establishes penalties for introducing, possessing, or aiding in the introduction of unauthorized wireless communication devices in detention facilities.
Gus Bilirakis
Representative
FL-12
The END CELLS Act amends the Communications Act of 1934 to prohibit the introduction, possession, or transfer of unauthorized wireless communication devices in jails and prisons. This legislation establishes significant civil and criminal penalties for violations involving contraband electronics in detention facilities. The law specifically targets actions that violate existing federal or state rules regarding such devices within correctional settings. These new rules apply to all conduct occurring after the date the Act is officially enacted.
The newly proposed Eliminate Non-approved Devices and Contraband Electronics Limiting Links to Society Act, or the END CELLS Act, is laser-focused on one thing: cracking down on cell phones and similar electronics making their way into jails and prisons. Essentially, this bill amends the Communications Act of 1934 to make it a federal violation—with massive financial penalties—to possess, give, or even knowingly help introduce any wireless communication device into a detention facility if it violates existing federal or state rules (SEC. 2).
This is where the bill gets serious about the money. While possessing a contraband phone in prison is already illegal, this bill layers on extreme federal financial penalties. If you violate this law, you could face a civil forfeiture penalty of up to $50,000 per violation or per day the violation continues. Critically, the total penalty for a single, ongoing incident can hit a staggering $1,000,000 (SEC. 2). Think about that: a million-dollar fine for getting a device into a facility. On the criminal side, a willful violation can net a fine up to $50,000 per violation, alongside any potential jail time.
For the busy person, the key takeaway here is the sheer scale of the financial risk. This isn't just about the inmate; it’s about anyone involved in the chain. If a family member attempts to smuggle a phone in, they could be facing life-altering financial ruin through civil forfeiture. The bill also explicitly states that the usual requirement for issuing a citation before imposing a penalty doesn't apply here, which means the government can skip a step in the typical due process before hitting someone with these massive fines (SEC. 2).
The bill defines a "wireless communications device" extremely broadly. It means anything that allows you to send or receive radio communication, including components that help connect it to a network (SEC. 2). While the intent is clearly cell phones, this broad language could technically cover everything from smartwatches to certain types of radios or even highly specialized electronics. This broad definition could lead to enforcement ambiguity down the line, potentially ensnaring non-traditional devices.
On the flip side, the bill does exempt authorized investigative or protective work by federal, state, or local law enforcement and intelligence agencies. This means the people who need to use communication devices for their jobs inside the facilities are covered (SEC. 2). The new rules kick in immediately for any action that happens after the bill becomes law (SEC. 3).
For correctional facilities, this provides a powerful new federal hammer to deter contraband, which is a security benefit. But for the family and friends of inmates, the stakes are suddenly astronomical. Imagine a well-meaning but misguided family member trying to pass a phone to a loved one, perhaps thinking they’re just risking a minor misdemeanor. Under the END CELLS Act, they are now risking a million-dollar civil forfeiture claim, which means the government could potentially seize assets like their house or savings. The removal of the citation requirement before imposing penalties also limits procedural safeguards for those accused, making the process faster and potentially harsher for those facing these severe financial consequences.