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Creates a new federal criminal penalty for certain violations involving a narrowly defined "prohibited object," allowing up to 2 years’ imprisonment (or imprisonment plus another penalty) when the object at issue matches the item enumerated in the existing statutory list. It also directs the Bureau of Prisons Director to complete a review and, if needed, update Bureau policies on inmates making, possessing, obtaining, or attempting to make or obtain such prohibited objects within one year, with the stated goal of improving protections for incarcerated people and staff.
Redesignate paragraphs (4) and (5) of Section 1791(b), title 18, United States Code, as paragraphs (5) and (6), respectively.
Insert a new paragraph (4) after paragraph (3): for a violation of subsection (a)(1), impose imprisonment for not more than 2 years, or both, if the object is specified in subsection (d)(1)(F) of this section.
In paragraph (5), as redesignated, insert text before [portion missing]. The provided text is truncated and does not specify what is being inserted.
The Director of the Bureau of Prisons must conduct a review of Bureau of Prisons policies that relate to inmates who make, possess, obtain, or attempt to make or obtain a prohibited object.
The Director of the Bureau of Prisons must update those policies as needed to improve protections for incarcerated individuals and staff.
Who is affected and how:
Incarcerated people: Individuals in federal custody who make, possess, obtain, or attempt to obtain the named prohibited object face increased criminal exposure—specifically, the potential for up to 2 years of imprisonment (and possibly additional penalties). That may lead to new charges, longer total time under criminal supervision, or increased plea pressure in cases involving the specified object.
Bureau of Prisons staff and institutional operations: BOP staff should expect a mandated administrative review and possible operational changes (policy updates, training, search and contraband mitigation procedures) within one year. These changes aim to improve safety and reduce contraband-related incidents but could require internal resources and staff time to implement.
Federal prosecutors and courts: May see cases charging the new statutory penalty in appropriate circumstances, which could modestly increase caseloads in U.S. Attorney offices and federal courts for prosecutions tied to the specified object.
Budget and implementation considerations: The law does not authorize new appropriations. The BOP review and any operational changes would need to be carried out within existing BOP budgets unless Congress later provides funding. If the new penalty results in additional or longer incarcerations, there could be small additional costs to the federal prison system over time.
Civil liberties and policy tradeoffs: Stakeholders concerned with criminal justice policy may view the change as a modest criminalization/penalty increase for specific contraband activity; others may view it as necessary to deter dangerous contraband and protect staff and inmates. The practical impact depends on how often the specified object is found and how prosecutorial priorities apply.
Uncertainty: A portion of the statutory amendment referenced was truncated in the supplied text; that missing language could affect interpretation or scope of the change if it alters penalties or applicability in additional ways.
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Read twice and referred to the Committee on the Judiciary.
Introduced February 26, 2025 by Charles Ernest Grassley · Last progress February 26, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate