ATLANTA  —  Cellphone contraband is a growing problem in prisons around the county and Georgia officials are looking for ways to crackdown on the pipeline of phones ending up in the hands of inmates. 

In January, attorneys general from 22 states sent a letter to Congressional leaders encouraging them to pass legislation that would allow states to use cellphone jamming systems in correctional facilities. 

Currently, federal law prohibits the use of jamming systems which block reception or transmission of cellphone signals. 

The letter reads, in part, “[I]nmate use of contraband cellphones is one of the most serious issues facing prison administrators today. Inmates use contraband cellphones to organize murders, riots, drug deals, fraud and much more. By utilizing contraband cellphones, inmates are easily able to continue their criminal activities from inside prison.”

On Feb. 27,  Georgia Senators advanced a bill, SB 159, in a 34-20 vote that would make it a felony for any person to enter guard lines at any place of incarceration with a wireless telecommunication device or standalone electronic device, which stores audio or video data files; However, the House Public Safety and Homeland Security Committee meeting scrapped that language from the bill at its March 15 meeting based of its subcommittee recommendation.

The Committee is recommending the bill be changed to enhance penalties for “an employee or contractor of the department” who commits or attempts to obtain, procure for, or give an inmate an illegal contraband, which includes cellphones and other communications devices.

If approved by the General Assembly and signed by the governor, the bill would increase the penalty from a possible maximum of five years imprisonment to up to 10 years.

“This ensures a more safe environment both for those in custody and especially those who we asked to protect those individuals that are correctional officers,” Rep. Steven Sainz, who presented the bill on behalf of its sponsor Sen. Randy Robertson, said. “Mobile communication devices present security issues in terms of sharing personal information, unauthorized photos and various other items.”

In 2022, the Georgia Department of Corrections reportedly conducted 126 full facility shakedowns, resulting in the removal of more than 23,000 contraband items to include 8,074 contraband cellphones. 

News of one the state’s larger busts came from Attorney General Chris Carr in November 2022 announcing the indictment of 17 alleged members of a gang out of Barrow County.

While incarcerated, two of the individuals are accused of engaging in electronic communications with other defendants, encouraging them to participate in criminal activity that included packaging and shipping of contraband items into a another GDC facility, and the sale and distribution of controlled substances into another prison in the state.

“Cellphones in the hands of inmates gives them the ability to continue their criminal enterprise, including the ability to organize crimes against private citizens even while behind bars, to include robbery, gang activity and drug trafficking,” Lori Benoit, manager of public affairs for GDOC, stated in an email after declining an interview.   

Advocates for access to inmate communications argue that access to (free) phone calls on GDC phone lines could result in less cellphone contraband.

But revenues from inmate phone calls brings in millions of dollars each year to the GDC budget.  

For example, according to a Jan. 2017 inmate telephone service contract between GDC and Securus Technologies — which has since been extended — GDC received a one-time $4 million financial incentive in the beginning of the contract. GDC would then get 59.6% of funds generated from calls or $325,000 per month, which ever was greater, according to that contract.

According to current GDC documents, inmate phone calls are approximately 13 cents per minute or $1.95 for a 15-minute call, which is the maximum time allowed per call. Calls are also restricted to only the telephone numbers included on the offenders’ Call Allow List, which can include up to 20 people to include their attorneys.

More than a dozen other states had rates higher than GDC, including Alabama Department of Corrections where calls are approximately 21 cents per minute or $3.15 for a 15-minute call.  

Efforts to increase access to inmate phone calls 

California and Connecticut are the only states that give inmates free access to phone calls. A law attempting to do so is currently proposed in Colorado and other states.  

Georgia Sen. Josh McLaurin, a Democrat, attempted to add an amendment to SB 159 before a vote on the Senate floor Feb. 27 that would allow free phone calls to Georgia inmates. 

“Every state and county correctional institution shall provide reasonable access to phone and other telecommunications for inmates at no cost to inmates or their families,” the failed amendment states. GDC would still have been permitted to monitor non-privileged communications; prohibit inmates from contacting victims; impose restrictions on whom inmates may contact based on clear evidence in furtherance of criminal activity.

In 2019, New York City became the first major city to give inmates free phone calls.   

Individuals in custody are allowed up to 21 minutes of talk time every three hours with no one call lasting longer than 15 minutes.

“We know how important engagement and connectivity is to the emotional health of people in our custody as well as to their families,” a New York City Department of Corrections spokesperson stated in an email to CNHI. “We remain committed to ensuring that individuals in our custody stay connected to loved ones so they receive as much support as they need during a trying time in their lives.”

In November, the NYCDOC also began rolling out electronic tablets to inmates and full implementation of the program at all facilities is expected in early 2023. Inmates can make free phone calls from the tablets, which also have access to educational services, e-books and radio stations. 

“These tablets will provide valuable and educational services and increase family engagement so people in custody can communicate with their loved ones from anywhere in the housing unit using the tablet and not have to wait for an available phone,”  NYDOC Commissioner Louis A. Molina stated in a December news release.

New York State Assemblyman Harvey Epstein is pushing free inmate phone calls statewide for  the state’s corrections facilities. He’s sponsoring a bill to allow inmates up to 90 minutes of free phone calls per day.

“Current usage and expectation is one won’t use beyond 30 minutes a day but at the same time, we want to make sure they have the access, so our proposed bill is 90 minutes,” Epstein said. “People aren’t opposed to free phone calls for incarcerated folks. It’s just making sure there’s a budget available to make sure that it happens.”

New York House members proposed approximately $10 million in the state budget last year to take on the cost, but other budget negotiations and items took precedence among state lawmakers. He said while NYDOC estimates that 90-minute calls would come with a $40 million price tag statewide, advocates estimate it could cost the state $10 million. 

“Just because not every incarcerated person is going to be on the phone for 90 minutes because they just can’t be…there’s programming, services and only so many phones,” he said.  

Epstein referenced studies indicating that inmates are more likely to return to society, go to school and become productive members of society when they have communication, support from family and friends.

Family and friends of inmates in Georgia prisons have spoken to CNHI voicing their support for free phone calls for inmates. Many of them argued against cell phones in prison being used with criminal intent. Their incarcerated loved ones have used or know others who have used contraband cellphones to expose inhumane treatment and conditions, abuse and neglect behind prison walls. 

Their stories will be told in the second part of this CNHI’s coverage highlighting phone use in prisons.