Lieutenant Osvaldo Albarati Stopping Prison Contraband Act
- Bill Number
- H.R. 3353
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-05-13: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-03T19:17:56Z
AI-Generated Summary
Purpose
The legislation, titled the "Lieutenant Osvaldo Albarati Stopping Prison Contraband Act," aims to strengthen penalties for smuggling cell phones or other communication devices into federal correctional facilities and to prompt a review of related prison policies. It seeks to reduce contraband-related risks to prison staff and inmates by targeting prohibited phones, which are often used for illegal activities like coordinating crimes from inside.
Key Provisions
- Increased Penalties for Smuggling Phones: Amends federal law (18 U.S.C. § 1791) to impose a penalty of up to 2 years in prison, a fine, or both, specifically for providing a prohibited phone or similar device to an inmate. This applies to violations where someone intentionally brings or attempts to bring such an item into a prison.
- Adjustment to Existing Penalties: Clarifies and separates penalties for possession (by inmates) versus provision (by others), ensuring the new 2-year maximum applies only to provision cases involving phones.
- Policy Review Requirement: Directs the Director of the Bureau of Prisons (BOP) to review and, if necessary, update policies on inmates making, possessing, or obtaining prohibited objects (including phones) within 1 year of the bill's enactment. The goal is to enhance safety for both incarcerated individuals and prison staff.
Significant Changes to Existing Law
- Under current law (18 U.S.C. § 1791), penalties for providing contraband like phones are generally up to 1 year in prison or a fine for non-dangerous items, with harsher penalties (up to 5 years) for dangerous contraband like weapons or drugs. This bill introduces a specific intermediate penalty of up to 2 years for phones, elevating them above minor contraband but below the most severe categories.
- It reorganizes the penalty structure in the law by adding a new paragraph and redesignating others, making the rules clearer for phone-related offenses.
- Adds a mandatory policy review process, which was not previously required, to ensure ongoing improvements in contraband management.
Potential Impacts
- On Government Agencies: The BOP will face an immediate obligation to conduct a policy review, potentially leading to new training, detection technologies, or procedures, which could increase operational costs but improve facility security.
- On Citizens: Incarcerated individuals may benefit from safer environments if policies reduce contraband-related violence or harassment. Family members or visitors could face stricter scrutiny or penalties if involved in smuggling, deterring such activities.
- On International Relations: No direct impacts, as the bill focuses on domestic federal prisons and does not address foreign entities or cross-border issues.
Main Stakeholders Affected
- Bureau of Prisons (BOP) and Prison Staff: Required to implement policy changes and enforce heightened penalties, potentially reducing risks from inmate communications but increasing enforcement workload.
- Incarcerated Individuals: Policies aim to protect them from contraband-enabled threats, though stricter rules could limit access to approved communication methods.
- Potential Offenders: Includes visitors, former inmates, or corrupt staff who might smuggle phones; they face steeper legal consequences, which could discourage such actions.
- Law Enforcement and Judiciary: Federal prosecutors and courts will handle more cases under the updated penalty framework, possibly leading to more convictions for phone smuggling.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens enforcement of contraband laws without altering constitutional rights like due process or free speech, as phones in prisons are already restricted for security reasons. The specific focus on phones could set a precedent for targeting other non-violent contraband with tailored penalties.
- Constitutional Implications: No major challenges anticipated, as the bill aligns with established Supreme Court rulings allowing prisons to limit inmate possessions for safety (e.g., under the Eighth Amendment's prohibition on cruel and unusual punishment). However, overly broad policy updates could invite lawsuits if they infringe on inmates' limited rights to communication.
- Political Implications: Named after a fallen prison lieutenant, the bill highlights bipartisan concerns over prison safety and contraband, potentially advancing broader criminal justice reforms. It may influence state-level policies by modeling federal approaches, though its narrow scope limits wider political controversy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (9)
Rep. Vindman, Eugene Simon [D-VA-7], Rep. Schmidt, Derek [R-KS-2], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Nehls, Troy E. [R-TX-22], Rep. Moore, Barry [R-AL-1], Rep. Evans, Gabe [R-CO-8], Rep. Meuser, Daniel [R-PA-9], Rep. De La Cruz, Monica [R-TX-15], Rep. Smith, Christopher H. [R-NJ-4]
Recent Actions
- 2025-05-13: Referred to the House Committee on the Judiciary.
- 2025-05-13: Introduced in House
- 2025-05-13: Introduced in House
Bill Versions
- Lieutenant Osvaldo Albarati Stopping Prison Contraband Act — issued 2025-05-13 — PDF (2 pages)