By Sarah Roebuck
Corrections1
COLUMBIA, S.C. — Cellphones inside South Carolina prisons are no longer allowed under a new law.
H.4002, also known as the Capt. Robert Johnson Act, was signed by Gov. Henry McMaster on Oct. 22, the governor’s office said. The bill establishes a new criminal offense for inmates at South Carolina Department of Corrections facilities who unlawfully possess a telecommunications device without authorization from the director.
“The use of contraband cellphones 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 McMaster. “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.”
The bill defines a telecommunications device as any equipment that enables communication between individuals inside and outside of a correctional facility. This includes devices like cellphones, handheld radios, two-way pagers, laptops, and their related components. It also extends to any future technologies developed or utilized for similar communication functions.
“Cellphones 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 SCDC Director Bryan Stirling. “It has always been against our rules, but now it is against the law.”
The bill is named after Captain Robert Johnson, a former contraband officer at Lee Correctional Institution, who was shot at his home in 2010 after inmates used a contraband cellphone to order a hit on him. Johnson survived the shooting and voiced support for the bill.
“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.”
You can learn a lot from phone calls, such as plans for contraband being introduced to your facility or planned assaults on staff or other inmates. In the video below, Gordon Graham discusses the importance of checking inmate’s phone records.
A first offense is considered a misdemeanor, punishable by up to one year in prison, according to the bill. A second offense is classified as a felony, with a prison sentence of up to five years. If the device is used to commit a felony, the offender may receive an additional 10-year sentence if the court determines the device aided the crime.
Prior to this law, inmates found with a telecommunications device were subject to SCDC’s Inmate Disciplinary System, which imposed penalties such as canteen and visitation restrictions.