Overview
Title
To increase the penalty for prohibited provision of a phone in a correctional facility, and for other purposes.
ELI5 AI
H.R. 10161 is a bill that wants to make it a bigger problem if someone sneaks a phone into a place like jail, adding up to two years in jail for the person who does it. It also wants the people in charge of jails to take another look at their rules to keep everyone safe.
Summary AI
H.R. 10161, known as the “Lieutenant Osvaldo Albarati Stopping Prison Contraband Act,” seeks to increase penalties for providing phones illegally in correctional facilities. It modifies existing law to impose a prison sentence of up to two years for those caught violating this rule. Additionally, it requires the Bureau of Prisons to review and update their policies on handling prohibited objects within one year of the bill's enactment to better protect inmates and staff. The bill was introduced in the House of Representatives by Ms. Lee of Florida and referred to the Committee on the Judiciary.
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AnalysisAI
General Summary of the Bill
H.R. 10161 is proposed legislation in the United States Congress aimed at increasing the penalties for individuals who unlawfully provide a phone in a correctional facility. Titled the “Lieutenant Osvaldo Albarati Stopping Prison Contraband Act,” the bill seeks to amend existing legal codes to impose stricter penalties on such actions, which could lead to imprisonment of up to two years. Additionally, the bill mandates a review and potential update of the current policies within the Bureau of Prisons to enhance safety and security for both inmates and staff members.
Summary of Significant Issues
Several issues are identified in the bill's text related to clarity and potential implementation challenges. A major concern is the lack of detailed context regarding the specific legal subsections that are referenced, such as 'subsection (d)(1)(F)' and 'subsection (a)(1)'. This absence of detail can lead to ambiguities in enforcing the new penalties. Additionally, in Section 3, while the Bureau of Prisons is tasked with reviewing and updating its policies, there are no specified criteria or oversight mechanisms to ensure these updates effectively improve safety. The one-year timeframe for initiating the review could also delay important changes.
Public Impact
This bill could have significant implications for public safety and security within correctional facilities. By increasing penalties for certain contraband violations, it seeks to deter individuals from providing prohibited items like phones, which can be used to coordinate illegal activities or compromise prison security. However, the lack of clarity in the bill's language might create enforcement challenges, potentially undermining its effectiveness until these ambiguities are resolved.
Impact on Specific Stakeholders
Correctional Facility Staff and Inmates: One positive impact intended by the bill is to enhance the security and safety of both staff and inmates. By targeting contraband like phones, which could facilitate illegal communications, the bill aims to reduce risks within correctional facilities. However, the effectiveness of this measure is contingent upon the successful and clear implementation of the bill's provisions.
Legal and Judicial Systems: For legal professionals and judiciary members, the bill's references to various legal subsections without sufficient detail could lead to challenges in interpretation and application. This might require additional guidance or amendments to ensure consistency and clarity in legal proceedings.
Bureau of Prisons: While tasked with reviewing and updating policies, the Bureau may face challenges due to the lack of specific guidelines and the absence of an accountability structure. This could potentially result in inconsistent policy updates that do not fully address the intended safety improvements.
The proposed bill could positively impact security policies in correctional facilities by imposing stringent penalties on contraband provision. However, the success of its implementation will largely depend on addressing the identified issues regarding clarity, enforcement, and oversight.
Issues
The lack of clarity and context regarding specific subsections in Section 2, such as 'subsection (d)(1)(F)' and references to 'subsection (a)(1)' and 'subsection (a)(2)', could lead to legal ambiguities and enforcement challenges. These subsections are not detailed in the bill, which could cause confusion in interpreting the amendments to Section 1791 of title 18, United States Code.
Section 3's lack of defined criteria for updating Bureau of Prisons policies may lead to ambiguity and inconsistency in policy implementation. Without clear guidelines, the effectiveness of the updated policies in enhancing protections for inmates and staff could be compromised.
The absence of a mechanism or oversight body in Section 3 to ensure that policy reviews and updates effectively improve protections could reduce accountability and lead to insufficient policy changes.
The provision in Section 3 that allows for up to 1 year before conducting the review may be perceived as too lenient, potentially delaying necessary policy updates aimed at addressing security concerns within correctional facilities.
Section 3 does not specify a deadline for implementing updated policies, which could lead to delays in enacting changes intended to enhance safety and security in correctional facilities.
The redesignation of paragraph numbers in Section 2 could lead to confusion if these changes are not consistently reflected throughout all related legal documents, potentially impacting legal references and interpretations.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The act described in this section is called the “Lieutenant Osvaldo Albarati Stopping Prison Contraband Act.”
2. Prohibited provision of a phone Read Opens in new tab
Summary AI
The text outlines amendments to Section 1791(b) of title 18 of the U.S. Code, which involve changes in paragraph numbering and specify a penalty of up to 2 years in prison for certain violations involving unlawful provision of a phone, as well as adjustments to penalty language for another type of violation.
3. Review of policies Read Opens in new tab
Summary AI
The Director of the Bureau of Prisons is required to review and potentially update the policies concerning inmates involved with prohibited objects, within one year of the new law's enactment, to enhance safety for both prisoners and staff.