Lieutenant Osvaldo Albarati Stopping Prison Contraband Act
The Lieutenant Osvaldo Albarati Stopping Prison Contraband Act is a federal bill that tightens penalties for the prohibited provision of a phone to an inmate in a correctional facility. It amends 18 U.S.C. § 1791 to create a clearer, higher penalty (up to two years in prison, or both imprisonment and another penalty) specifically when the contraband is a phone and the act fits certain listed subsections. The bill also requires a Bureau of Prisons policy review within one year, focusing on how to handle inmates who make, possess, obtain, or attempt to obtain prohibited objects (including phones) and to update procedures to better protect inmates and staff. The intent is to deter the trafficking of cell phones into prisons and improve administrative safeguards.
Key Points
- 1Short title: The act is named the “Lieutenant Osvaldo Albarati Stopping Prison Contraband Act.”
- 2Expanded penalties for phone contraband: Amends 18 U.S.C. § 1791(b) to add a penalty of imprisonment for not more than 2 years (or both imprisonment and another penalty) for violations involving a phone, tied to specific subsections of § 1791.
- 3Subsection reorganization: The bill redesignates certain paragraphs in § 1791(b) and inserts a new paragraph detailing the 2-year penalty for violations related to the prohibited provision of a phone.
- 4Applicability to specified violations: The enhanced penalty applies to violations described in subsection (a)(1) and, separately, to violations described in subsection (a)(2), but only when the object involved is a phone defined in § 1791(d)(1)(F).
- 5Policy review requirement: Within one year of enactment, the Director of the Bureau of Prisons must review and update policies regarding inmates who make, possess, obtain, or attempt to make/obtain prohibited objects, per § 1791(d)(1), to improve protections for inmates and staff.