Sen. Ossoff’s Bipartisan Bill to Crack Down on Contraband & Organized Crime in Federal Prisons Passes U.S. Senate

Washington, D.C. - U.S. Senator Jon Ossoff's bipartisan bill to crack down on contraband and organized crime in Federal prisons has passed the U.S. Senate.

The Senate recently passed Sen. Ossoff's bipartisan Lieutenant Osvaldo Albarati Stopping Prison Contraband Act with bipartisan support, which would crack down on the smuggling of contraband cellphones into Federal prisons by upgrading the charge of smuggling of a contraband cellphone into a Federal prison from a misdemeanor offense to a felony.

Sen. Ossoff introduced the bipartisan bill alongside Senators Chuck Grassley (R-IA) and Cory Booker (D-NJ) and is co-sponsored by Senators Cindy Hyde-Smith (R-MS) and Ted Cruz (R-TX).

The bipartisan bill now heads to the U.S. House of Representatives.

The legislation is named in honor of Lieutenant Osvaldo Albarati, a Bureau of Prisons (BOP) correctional officer who was murdered after completing his shift at the Metropolitan Detention Center (MDC) Guaynabo in Puerto Rico in 2013. Five men who later pleaded guilty to the crime admitted they targeted Albarati as a direct result of continuous seizures of contraband, including cellphones. The inmate who placed the hit on Albarati did so using a contraband cellphone.

"My bipartisan investigations of corruption, abuse, and misconduct in the Federal prison system have revealed systemic challenges that allow for the dangerous flow of contraband, which is a threat to safety and security," Sen. Ossoff said. "Bringing Republicans and Democrats together, we've passed our bipartisan bill to strengthen penalties for smuggling contraband into Federal prisons."

"Contraband cellphones allow prisoners to coordinate illegal activity from behind bars. That's an obvious security risk to prison staff, other inmates and the public," Grassley said. "I'm glad the Senate passed our bipartisan legislation to stiffen penalties for cellphone smuggling, and the House ought to follow suit."

"Contraband cell phones in federal prisons jeopardize the safety of incarcerated people and staff," said Senator Booker. "These phones often are used by organized crime groups to carry out dangerous attacks and as a commodity to coerce incarcerated people into cycles of sexual abuse. By targeting the people who smuggle this commodity into prisons, the Lieutenant Osvaldo Albarati Stopping Prison Contraband Act will reduce the flow of illegal phones and improve the safety of incarcerated people and corrections professionals."

"My family and I are extremely pleased with S.5284 passing the Senate. We look forward to continued support from the House as this bill will assist in protecting families in the future from experiencing what my family has had to endure," said Mrs. Helen Albarati, widow of Lt. Osvaldo Albarati.

"Cell phones smuggled into prisons as contraband create a threat to everyone - including other prisoners, outside civilians, and especially those who are responsible for the prison's safety. I am excited to see the passage of this important bill that will allow for more appropriate punishments for this dangerous felony offense," said Sen. Hyde-Smith.

"Prison isn't a taxpayer-funded hotel. Lieutenant Osvaldo Albarati was murdered for doing his job and enforcing rules against contraband. I'm proud to work with Sens. Ossoff and Grassley on their bipartisan legislation to place stricter penalties on criminals who violate prison contraband rules, to better protect security guards like Lieutenant Albarati," Sen. Cruz said.

"A cell phone in a prison is a deadly weapon. Yet, as our investigative work continues to demonstrate, contraband cell phones have proven to be pervasive inside many federal prisons-a reality that undermines the safety and security of these institutions for BOP staff, inmates, and the public," said Department of Justice (DOJ) Inspector General Michael Horowitz. "Lieutenant Albarati was a true hero, selflessly dedicated to making his community and MDC Guaynabo safer by preventing criminal activity inside the facility. I commend Senators Ossoff, Grassley, Booker, Hyde-Smith, and Cruz for honoring his memory by sponsoring this public safety reform and for recognizing the severity of this problem. By making the introduction of a cell phone into a prison a felony, the Lieutenant Osvaldo Albarati Stopping Prison Contraband Act will allow investigators and prosecutors to more effectively bring to justice those introducing cell phones into prisons, curb the flow of illicit cell phones into prisons, make our communities and prisons safer, and help to save lives. We look forward to working with the House of Representatives on a bipartisan basis, as it considers this critical public safety reform."

"The Council of Prison Locals 33 is overjoyed the Lt. Osvaldo Albarati Stopping Prison Contraband Act passed the Senate. We will continue to fully support Senator Ossoff and this bill in the next steps. This proposed legislation seeks to increase penalties for federal inmates who are found in possession of a cellphone. The presence of cellphones in correctional facilities presents a serious threat to the safety and security of both the institution and the public. Inmates with access to cellphones can conduct illegal activities, orchestrate criminal operations, harass victims, or threaten witnesses from within the confines of prison walls," said National Council of Prisons Locals 33 National President Brandy Moore White. "Increasing penalties for inmates and making the introduction of a cellphone a felony charge, we are sending a clear message that such behavior will not be tolerated. Strengthening these consequences serves as a deterrent to inmates and helps correctional officers maintain the safety and integrity of our institutions. We must ensure that prisons remain secure environments and this legislation is a necessary step to achieve that goal. Therefore, I stand in strong support of this measure and urge its swift passage."

In 2022, Sen. Ossoff led a 10-month bipartisan investigation into corruption, abuse, and misconduct at FCI Atlanta (formerly named U.S. Penitentiary Atlanta). Among its many findings, Sen. Ossoff's bipartisan investigation uncovered a particular need to remove the massive number of illegal cellphones in the facility. For example, a 2021 sweep found 800 contraband cell phones, which had been used, among many things, to run illegal drug rings and gang activity in and outside the facility.

A recent DOJ Inspector General report also identified contraband, like cellphones, as a critical threat to safety and security not only to prison staff and inmates, but also to the entire community.

Another recent Inspector General report found FCI Atlanta had the most deaths of any Federal prison nationwide between 2014-2021. The same report also found that nationwide, contraband contributed to at least 1/3 of deaths in Federal prisons.

Sen. Ossoff continues to advocate for transparency and accountability in the Federal prison system.

In July, President Biden signed into law Sen. Ossoff's bipartisan Federal Prison Oversight Act, historic prison reform legislation to overhaul independent oversight of the Federal Bureau of Prison's 122 facilities nationwide by mandating routine inspections of all facilities by the DOJ Inspector General and establishing a new Ombudsman to investigate the health, safety, welfare, and rights of incarcerated people and staff.

Last month, Sens. Ossoff and Marsha Blackburn (R-TN), Chairman and Ranking Member of the U.S. Senate Human Rights Subcommittee, introduced the bipartisan Prison Staff Safety Enhancement Act,which would require the DOJ to conduct a comprehensive review of inmate-on-staff sexual assault at all BOP facilities and help end sexual abuse in Federal prisons.

In February, Sen. Ossoff pressed BOP Director Colette Peters in a U.S. Senate Judiciary Committee Hearing on the steps she's taking to crack down on the contraband flowing through BOP facilities that threaten public safety, including at U.S. Penitentiary Atlanta.

In December 2022, Sen. Ossoff's bipartisan Prison Camera Reform Act was signed into law, requiring the Federal Bureau of Prisons to upgrade outdated and broken security camera systems, ensuring all facilities have the coverage necessary to protect the safety of incarcerated people and staff.

Last July, Sen. Ossoff and Senate Minority Leader Mitch McConnell (R-KY) introduced the bipartisan Federal Prisons Accountability Act of 2023, which would make the Federal Bureau of Prisons Director a U.S. Senate-confirmed position.

Click here to read The Lieutenant Osvaldo Albarati Stopping Prison Contraband Act.

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