Overview
Title
To increase the penalty for prohibited provision of a phone in a correctional facility, and for other purposes.
ELI5 AI
The bill wants to make it a bigger rule-breaker for someone to sneak a phone into a prison, with the possibility of going to jail for up to two years. It also asks the bosses of the prisons to check how they keep bad things out and see if they can do a better job.
Summary AI
The bill S. 736 aims to increase the penalty for bringing a phone into a correctional facility in violation of the law. It proposes changes to Section 1791 of Title 18 in the United States Code, introducing a maximum penalty of two years imprisonment for certain violations involving phones. Additionally, the bill requires the Director of the Bureau of Prisons to review and, if necessary, improve current policies to safeguard both prisoners and staff from prohibited items within one year of the law's enactment. The bill is also referred to as the "Lieutenant Osvaldo Albarati Stopping Prison Contraband Act."
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AnalysisAI
Summary of the Bill
The bill, titled the "Lieutenant Osvaldo Albarati Stopping Prison Contraband Act," aims to increase the penalties for illegally providing a phone in a correctional facility. It introduces amendments to existing legal provisions, allowing for a penalty of up to two years imprisonment for those who violate restrictions concerning certain objects outlined in the law. Additionally, the bill mandates the Director of the Bureau of Prisons to review and update policies related to the possession and provision of prohibited items within correctional facilities.
Significant Issues
One of the significant issues with this bill is the lack of clarity and context in its amendments, particularly in Section 2, where it refers to alterations in existing law without providing an explanation of the specific conduct being targeted. This can lead to confusion about what behaviors are newly criminalized or regulated.
Section 3 falls short in providing details on what a "review of the policies" should encompass, which might result in varied interpretations and implementations. Furthermore, while it sets a timeline for conducting the review, it does not clarify when policies must be updated afterward, potentially causing delays in rolling out important changes.
Another issue is the absence of allocated financial resources or budget for conducting these reviews and policy updates, which raises concerns about the feasibility and thoroughness of the review process. Additionally, the use of legal jargon without adequate explanation might alienate those without legal training.
Broad Public Impact
For the general public, enhancing penalties for the illegal provision of phones and reviewing prison policies may appear as steps toward increased security within correctional facilities. It suggests a governmental commitment to reducing contraband-related issues, which, in theory, could enhance the safety and order within these institutions.
The public might expect that with stricter penalties, there will be a deterrence effect, potentially reducing the number of contraband items entering correctional facilities. However, the lack of clarity in legal language might lead to misunderstandings of what is illegal, potentially affecting individuals who interact directly or indirectly with these facilities, including visitors and legal professionals.
Impact on Specific Stakeholders
Incarcerated Individuals and Staff:
For incarcerated individuals and correctional staff, this bill could lead to a safer environment if the increased penalties and revised policies effectively curtail contraband. However, without specific policy guidelines, inmates might remain unclear about what constitutes a violation, and staff may face challenges in policy enforcement.
Legal and Correctional Professionals:
Legal professionals might find the bill's amendments cumbersome due to their technical nature, which complicates interpretation. Correctional professionals may encounter difficulties implementing new policies if they are not distinctly outlined and if there is no guidance or budget for policy education and enforcement.
Lawmakers and Policy Makers:
For lawmakers and policy makers, this bill represents a legislative effort to address contraband within prisons. Still, the lack of specified outcomes or budget allocations may pose challenges in assessing the bill's effectiveness and in garnering public and political support.
Overall, while the bill aims to address contraband in correctional facilities by imposing stricter penalties and reviewing policies, its effectiveness will depend significantly on the clarity of its legislative language and the thoroughness of its subsequent implementation and policy revisions.
Issues
The lack of specific context in Section 2 when referring to amendments to existing law makes it difficult for a layperson to understand what new conduct is being criminalized or regulated, which can lead to difficulties in public comprehension and compliance.
In Section 3, there is a lack of specific details on what constitutes a 'review of the policies,' which could result in inconsistent implementation across different prisons, affecting the efficacy of the review process.
The absence of a specified timeline for updating policies in Section 3 could lead to delays in implementing necessary improvements, potentially prolonging any existing issues faced by incarcerated individuals and staff.
The section 1 title, 'Lieutenant Osvaldo Albarati Stopping Prison Contraband Act,' lacks clarity on specific measures to be implemented, potentially misleading stakeholders about the bill's objectives and scope.
Section 2's use of technical legal language without clear explanations or references to the full law may alienate individuals without legal training, limiting transparency and understanding of the law changes.
Section 3 does not specify any budget or resources allocated for conducting policy reviews, which could result in inefficient financial planning and potential inadequacies in executing the review and updates.
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 first section of this Act states that it will be officially known as the “Lieutenant Osvaldo Albarati Stopping Prison Contraband Act.”
2. Prohibited provision of a phone Read Opens in new tab
Summary AI
The section outlines amendments to a law that deals with illegal phone provision. It changes the numbering of certain parts and introduces a penalty of up to 2 years imprisonment for violating specific rules related to providing phones, specifying the object as detailed in another subsection.
3. Review of policies Read Opens in new tab
Summary AI
The Director of the Bureau of Prisons is required to review and update the policies related to inmates making or possessing prohibited items within one year of the law's enactment to better protect prisoners and staff.