PolicyBrief
S. 736
119th CongressFeb 26th 2025
Lieutenant Osvaldo Albarati Stopping Prison Contraband Act
IN COMMITTEE

The "Lieutenant Osvaldo Albarati Stopping Prison Contraband Act" increases penalties for providing or possessing contraband phones in prison and requires the Bureau of Prisons to update its policies to prevent contraband.

Charles "Chuck" Grassley
R

Charles "Chuck" Grassley

Senator

IA

LEGISLATION

New Bill Cracks Down on Prison Contraband: Up to 2 Years in Prison for Providing Phones

The Deal

This bill is all about tightening up security in federal prisons. It's named after Lieutenant Osvaldo Albarati, and it's focused on stopping contraband – especially cell phones – from getting into the hands of inmates. The main goal? Make prisons safer for everyone, both staff and those incarcerated.

Cranking Up Consequences

This law amends Section 1791(b) of title 18, United States Code. Here's the punchline: if you're caught providing a prohibited object to an inmate, and that object is a phone (as defined in subsection (d)(1)(F)), you could face up to 2 years in prison, a fine, or both. Previously, the penalties were less specific about phones.

  • Example: Imagine a prison visitor trying to smuggle a phone to an inmate. Under this new law, that visitor could face a serious penalty—up to two years behind bars, plus fines.

Policy Refresh

It's not just about tougher penalties. Within a year of this Act becoming law, the Director of the Bureau of Prisons has to review and update all policies related to inmates who make, possess, or try to get their hands on prohibited items. The aim is to boost safety for both inmates and correctional officers. (SEC. 3)

  • What it means: The Bureau of Prisons is being told to take a hard look at its current rules and procedures to see where they can improve to prevent contraband from getting in and being used.

Real-World Ripple Effects

  • For Prison Staff: This bill could make their jobs safer by reducing the number of illegal phones circulating, which are often used to coordinate criminal activity.
  • For Inmates: A reduction in contraband, particularly phones, could lead to a safer prison environment, potentially reducing violence and illicit activities.
  • For the Public: Fewer phones in prisons mean fewer opportunities for inmates to engage in criminal activities outside prison walls, like coordinating drug deals or scams.

Potential Kinks

While the bill is designed to enhance safety, there's always the chance that overly strict enforcement could lead to disproportionate punishment for minor infractions. There's also the risk that enhanced search powers could be misused. The key will be in how the Bureau of Prisons implements these updated policies.