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South Carolina is cracking down on illegal cell phone use in state prisons with new law that brings harsh penalties for offenders

Columbia, South Carolina – Governor Henry McMaster has signed the Captain Robert Johnson Act, a new law aimed at curbing the use of contraband telecommunications devices in South Carolina prisons. Lieutenant Governor Pamela S. Evette, South Carolina Department of Corrections (SCDC) Director Bryan Stirling, and several state officials attended the Tuesday, October 22 ceremonial bill signing. Unless specifically approved by the SCDC Director, the law known as H. 4002 establishes a new criminal offense for prisoners unlawfully carrying communication devices.

“The use of contraband cell phones and other communication devices to orchestrate crime both inside and outside of prison has been a serious threat that has had devastating consequences for innocent people across our state,” said Gov. McMaster.

Governor Henry McMaster has signed the Captain Robert Johnson Act into law bringing harsh penalties for prisoners who illegally use cell phones
Courtesy of South Carolina Gov. Henry McMaster via Facebook

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The legislation is named for former Lee Correctional Institution corrections officer Captain Robert Johnson, who was severely injured in 2010 when prisoners ordered a hit on him using a contraband cell phone. An individual working on behalf of the prisoners shot Captain Johnson, who was in charge of seizing illegal goods in the prison, several times at his house. His survival and advocacy have been instrumental in pushing for tougher laws on contraband devices in South Carolina.

“I’m overjoyed,” said former Lee Correctional Institution Capt. Johnson at the ceremony. “I think we need to do all we can to stop inmates from having access to contraband phones and to help support our correctional staff. I thank them for pushing the legislation through.”

Governor Henry McMaster has signed the Captain Robert Johnson Act into law bringing harsh penalties for prisoners who illegally use cell phones
Courtesy of South Carolina Gov. Henry McMaster via Facebook

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Broadly defining telecommunications devices, the law covers cell phones, two-way radios, computers, pagers, and any other device allowing communication either within or outside the prison walls. It also covers upcoming technologies so that the law changes with new digital innovations. Possession of such a gadget by a prisoner is now a criminal act with harsh consequences for repeat offenders or those who use it to enable other crimes.

Leading initiatives to eliminate illegal cell phones in South Carolina’s prisons, director Bryan Stirling praised the measure as a significant turning point.

“Cell phones are very dangerous in an inmate’s hands. Today marks a milestone for the South Carolina Department of Corrections as we take a huge step forward by signing this bill,” said Director Stirling. “It has always been against our rules, but now it is against the law.”

Governor Henry McMaster has signed the Captain Robert Johnson Act into law bringing harsh penalties for prisoners who illegally use cell phones
Credit: Unsplash

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Inmates found with communication devices faced internal disciplinary actions including canteen and visiting limitations prior to this law’s implementation. Still, the new law adds more severe legal penalties. Classified as a misdemeanor, a first offense carries up to one year in jail. A second violation is a felony, which may land one to five years in prison. Furthermore, should the gadget be used to perform an illegal act, the offender may spend ten more years behind bars.

The battle against illegal telecommunications devices in South Carolina jails is not recent. The SCDC has long struggled with inmates using smuggled cell phones to conduct illegal activities. Some of these include drug trafficking, ordering hits, and other illegal businesses  that jeopardize public safety. The SCDC started the Cell Phone Interdiction Program to help with this, working with wireless companies to turn off illegal devices found in prisons. Starting as a July 2023 experiment, the program has already removed 1,500 cell phones.

“It was only a few years ago that we were complaining about the problem, and what we have today is us fixing it,” said Speaker of the S.C. House Murrell Smith. “There’s a lot of credit to be given, most importantly to the men and women of the South Carolina Department of Corrections who are putting their lives on the line daily to make sure that we and the public are protected.”

Governor Henry McMaster has signed the Captain Robert Johnson Act into law bringing harsh penalties for prisoners who illegally use cell phones
Credit: Getty

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The Captain Robert Johnson Act is a key component of South Carolina’s larger attempt to modernize its prison system and increase safety for staff members as well as prisoners.  The state is a national pioneer in addressing this problem since the SCDC cooperatively disabled illegal devices with the Federal Communications Commission. South Carolina is setting an example for other states facing comparable issues since it is the only correctional agency in the nation to embrace this new technology.

Governor McMaster and other state officials expressed optimism regarding the future of prison security in South Carolina with the new law now in effect.

“Thanks to the leadership of Director Stirling, we have made tremendous progress in shutting down these devices. Today’s bill signing builds on our success, further strengthening our prisons’ security and protecting our communities from these criminals,” South Carolina Gov. McMaster added.

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The signing of the Captain Robert Johnson Act signifies a major achievement in the ongoing battle against illegal communication devices as South Carolina looks into the future. It makes a clear statement: breaking the law will result in full force of justice and illicit contact from within a prison will not be permitted.

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