- Federal agenciesStronger statutory penalties may deter smuggling and provision of contraband phones into federal prisons.
- Potential benefitReduced illicit communications could lower coordinated criminal activity originating from inside prisons.
- Potential benefitMandated BOP policy review may produce updated procedures, training, and operational safeguards for staff and inmates.
Lieutenant Osvaldo Albarati Stopping Prison Contraband Act
Read twice and referred to the Committee on the Judiciary.
This bill amends 18 U.S.C. 1791 to increase criminal penalties for providing a prohibited phone in a correctional facility, adding a penalty of up to two years imprisonment for that offense. It also requires the Bureau of Prisons Director to review and update BOP policies within one year regarding inmates who make, possess, obtain, or attempt to obtain prohibited objects, and to improve protections for incarcerated people and staff.
Progressives emphasize incarceration risks and enforcement disparities
Relative to its intended legislative type, this bill is a narrow substantive amendment to federal criminal law with an attached administrative review requirement.
This bill amends 18 U.S.C. 1791 to increase criminal penalties for providing a prohibited phone in a correctional facility, adding a penalty of up to two years imprisonment for that offense.
It also requires the Bureau of Prisons Director to review and update BOP policies within one year regarding inmates who make, possess, obtain, or attempt to obtain prohibited objects, and to improve protections for incarcerated people and staff.
Small, targeted criminal-law tweak plus administrative review has low fiscal burden and broad appeal, improving chances absent external political obstacles.
Relative to its intended legislative type, this bill is a narrow substantive amendment to federal criminal law with an attached administrative review requirement. It specifies the statutory change and assigns a clear actor and deadline for the BOP review but omits fiscal discussion, reporting requirements, and detailed safeguards or definitions that would strengthen implementation clarity.
Progressives emphasize incarceration risks and enforcement disparities
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Federal agenciesHigher criminal penalties could increase federal prison sentences and modestly raise incarceration numbers.
- FamiliesFamily members or visitors who inadvertently supply devices may face stiffer criminal consequences.
- Potential burdenImplementing and enforcing the changes could increase administrative and prosecutorial workload and costs.
Why the argument around this bill splits.
Progressives emphasize incarceration risks and enforcement disparities
Mixed view: supports staff and inmate safety goals but wary of increasing criminal penalties and expanding incarceration.
Wants safeguards against disproportionate enforcement and clear limits on prosecutorial discretion.
Generally favorable but cautious: recognizes need to prevent contraband phones while wanting proportionality and clear implementation.
Supports the BOP policy review as a practical step.
Supportive: views tougher penalties as necessary deterrence against contraband that facilitates crime.
Favors protecting staff and public safety and supports BOP strengthening policies.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Small, targeted criminal-law tweak plus administrative review has low fiscal burden and broad appeal, improving chances absent external political obstacles.
- Exact object covered by reference to 1791(d)(1)(F) is not described in the bill text
- Absent cost estimate for BOP review and any follow-on implementation
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Progressives emphasize incarceration risks and enforcement disparities
Small, targeted criminal-law tweak plus administrative review has low fiscal burden and broad appeal, improving chances absent external pol…
Relative to its intended legislative type, this bill is a narrow substantive amendment to federal criminal law with an attached administrative review requirement. It specifies the statutory change and assigns a clear ac…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.