Missouri lawmaker seeks to raise penalty for smuggling phones into jails and prisons

Representative Barry Hovis (R–146) introduced House Bill 2708, saying the measure would raise penalties for unauthorized portable electronic communication devices that are brought into or used inside jails and prisons, and that the change is meant to deter contraband smuggling and device-facilitated criminal activity.

"We want to try to make that penalty stiffer," Hovis told the House Corrections Committee, saying the bill would "upgrade it to a class d felony" for such devices. He cited national case studies and examples from the Missouri Department of Corrections in which phones were used to coordinate activity from inside facilities or to threaten victims.

The Department of Corrections’ legislative liaison, Taylor Hagenhoff, testified in support, calling cell phones "items of dangerous contraband" that are "used to facilitate other sorts of criminal activity." Hagenhoff described multiple routes by which phones enter facilities, including fence throws, drone drops and changes in work-release program security.

Committee members asked whether the items are already prohibited and how the bill changes enforcement. Hovis and DOC witnesses said existing departmental rules bar devices but that HB 2708 would clarify and raise statutory criminal penalties in addition to administrative sanctions. DOC officials described an internal conduct-violation system in which cell phones are a major violation (3.2) and offenders can receive roughly five to 30 days of administrative segregation plus other program restrictions.

Several members raised drafting and policy questions. One member advised adding the phrase "capable of" to the definition so that devices merely capable of initiating, receiving or storing communications (for example, certain smartwatches or internet-enabled glasses) would not be excluded where proving use is difficult; Hovis said he would ask House Research to review language and that the committee could adopt a substitute.

Ranking members also sought recidivism and prosecution data to show whether criminal penalties add deterrent value beyond current administrative sanctions; DOC said it did not have detailed recidivism statistics in the hearing but would try to compile relevant data.

The committee heard no witnesses in opposition, and Chair closed the HB 2708 hearing without taking a vote. No committee action was recorded on the bill during the session.