States Seek to Strengthen Contraband Cellphone Laws
A handful of states are considering bills to combat contraband cellphones in prisons as they wait for possible FCC action on a cell jamming petition. Some prisons are looking at technical solutions like managed access systems and cellphone detection practices. Iowa and New York legislators are considering expanding the definition of contraband to include telecom and other electronic communications devices. The New York proposal would even expand the definition of dangerous contraband to include electronic recording devices. The Iowa measure would make obtaining or possessing of unauthorized electronic contraband a Class D felony.
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Maryland and New Jersey are seeking congressional help to gain authority to act. Maryland proposed a House Joint Resolution urging Congress to pass legislation allowing targeted interference with wireless communication service within correctional facilities. More than 1,100 cellphones were recovered from Maryland correctional facilities in fiscal 2010, the resolution said. Legislation is needed to allow states to petition the FCC for permission to install devices that would prevent, jam or interfere with wireless communication within correctional facilities, it said.
New Jersey legislators urged Congress and President Barack Obama to enact legislation to permit correctional facility supervisory authorities to block unauthorized wireless communications by prisoners within correctional facilities. The Communications Act “appears to prohibit state officials or institutions from using any device or technology that is specifically intended to interfere with cellular telephone equipment,” the resolution said. The FCC has taken the position that the federal government has exclusive jurisdiction over the use of such devices or technology, it said. Federal law preempts and would invalidate any attempt by the states to pass a law authorizing state officials or institutions to use cellphone blocking equipment or technology, it noted.
A proposal in Puerto Rico directs the state Corrections and Rehabilitation Administration to request from the FCC the authorization to install cellphone signal interference or blocking equipment in the correctional and penitentiary institutions of the territory. Another measure there would prohibit unrestricted use of cellphones in penal institutions. It directs the Department of Corrections and Rehabilitation to implement a system for cellular signal interference or blockage to detect, trace and deactivate unauthorized cellphones or telecom equipment.
A bill in Oregon would prohibit public bodies from using methods to block caller identification service. Several California bills would prohibit unauthorized communication with inmates in state prison, require the state’s inspector general to oversee and the Department of Corrections and Rehabilitation to conduct periodic and random searches of employees and vendors entering the secure perimeter of a state prison.
Mississippi is proposing a measure to authorize the sheriff of a county and the police chief of a municipality to institute a jamming system within any correctional facility to jam unauthorized wireless communication there by offenders. Several other proposals in the state died in February, including a measure that would increase the penalty for providing cellphones to inmates. The state’s Department of Corrections is addressing the problem with managed access solutions, a spokeswoman said. Rather than jamming signals, a third-party system intercepts calls, blocking unauthorized transmissions, she said.
States appear to be strengthening their contraband laws, a step in the right direction, said Dane Snowden, a vice president with CTIA. States are also looking at technical solutions like managed access and cellphone detection practices, he said. CTIA supports strong penalty laws to combat contraband cellphones in prison, he said. Everyone has a role to play in the battle, he said. Some 30 states petitioned the FCC for permission to set up a jamming system, something the wireless industry strongly opposed. A recent NTIA report said cellphone jamming presents many problems, and in the case of state or local prison officials, would be a violation of the Communications Act.