Committee hears bill to make smuggling phones into prisons a class D felony; DOC cites security risks

Representative Dean Vans Clark presented House Bill 2,414 to the committee on April 8, proposing to criminalize possession, delivery or concealment of unauthorized portable electronic communication devices in prisons and correctional institutions as a class D felony.

The sponsor described the bill as a response to continued contraband-cellphone problems in facilities and said current administrative sanctions and misdemeanor penalties are insufficient to deter the criminal uses of those devices. Representative Vans Clark said the devices can be used to initiate or receive communications, store information or otherwise enable unmonitored contact with the outside world.

Taylor Hagenhoff, legislative liaison for the Department of Corrections, testified in support and said DOC recovers roughly 100 contraband phones per year in Missouri facilities. Hagenhoff described examples where smuggled phones facilitated drug drops, arranged prohibited commerce, or created inappropriate staff-offender contact; she said DOC refers incidents to prosecutors but that prosecutions are limited when penalties are misdemeanor-level. Committee members asked how many phones are found relative to the roughly 25,000 offenders, what administrative penalties are in place, and how often prosecutors pursue criminal charges; DOC said charging is ultimately at prosecutors’ discretion.

Arne C. ACDINOFF, the state public advocate, also spoke in favor, calling the bill a sensible step for facility safety. No opposition witnesses signed up. The committee closed public testimony and moved on to adjournment.