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Columbia, S.C. – Governor Henry McMaster and Lieutenant Governor Pamela S. Evette were joined on Oct 22nd, by S.C. Department of Corrections (SCDC) Director Bryan Stirling, members of the General Assembly, and other state agency leaders for a ceremonial bill signing of H. 4002, the Captain Robert Johnson Act. The bill creates a new criminal offense for unlawful possession of a telecommunications device by an inmate of SCDC unless authorized by the director.
"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. "Thanks to the leadership of Director Stirling, we have made tremendous progress in shutting down these devices. On Oct 22nd's bill signing builds on our success, further strengthening our prisons' security and protecting our communities from these criminals."
The bill defines a telecommunications device as any device that enables communication with individuals inside or outside of a correctional facility. This includes, but is not limited to, cell phones, handheld radios, portable two?way pagers, laptop computers, or any components of these devices. Telecommunication devices also include any new technology that has been developed or is used for similar purposes.
“Cell phones are very dangerous in an inmate’s hands. On Oct 22nd, 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.”
The legislation is named in honor of Captain Robert Johnson, a former contraband captain at Lee Correctional Institution, who was shot at his home after inmates ordered a hit on him using a contraband cell phone in 2010.
“I’m overjoyed,” said former Lee Correctional Institution Capt. Johnson. “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.”
A first offense is classified as a misdemeanor and is punishable by up to one year in prison. A second offense is a felony, carrying a prison sentence of up to five years. If the device is used in the commission of a felony, the offender may face an additional ten years of imprisonment if the court finds that the device facilitated the crime.
Before this law took effect, inmates in possession of a telecommunication device were in violation of SCDC's Inmate Disciplinary System and faced in-facility penalties, including canteen and visitation restrictions, among others.
“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.”
This legislation is in support of SCDC's Cell Phone Interdiction program, which works directly with wireless providers to disable contraband cell phones detected in their facilities. Approved by the Federal Communications Commission, SCDC became the first correctional agency in the country to utilize this new process through a pilot program in July 2023 and has since disabled 1,500 cell phones.