Columba, S.C. – Governor Henry McMaster along with other local and state leaders gathered for a ceremonial bill signing of H. 4002, the Captain Robert Johnson Act.
The legislation is named in honor of Captain Robert Johsnon, a former contraband captain at Lee correctional Institution, who was shot at his home after inmates ordered a hit on him using a contraband cell phone in 2010.
This bill creates a new criminal offense for unlawful possession of a telecommunications device by an inmate, unless authorized by the SCDC director.
“The use of contraband cell phones and other communication devices to orchestrate crime both inside and outside of prison has been a serious threat that has had devastating consequences for innocent people across our state,” said Governor McMaster.
A telecommunication device is defined as any device that enables communication with individuals inside or outside of a correctional facility. Things such as cell phones, handheld radios, portable two-way pagers, laptop computers, or any other components of these devices.
For first offenders, the penalty will be classified as a misdemeanor and can result in up to one year in prison. For second offenses, the felony could lead up to five years. If the device is used in the commission of a felony, the offender may face an additional ten years of imprisonment.
Former Lee Correctional Institution Captain Johnson states, “I think we need to do all we can to stop inmates from having access to contraband phones and to help support our correction staff. I thank them for pushing the legislation through.”
Before this law took effect, inmates who had possession of a telecommunication device were faced with facility penalties, that included restrictions in canteen, visitations, and more.
The Captain Robert Johnson Act supports the SCDC’s Cell Phone Interdiction program, which works directly with wireless providers to disable contraband cell phones detected in their facilities.
Approved by the Federal Communications Commission, SCDC became the first correctional agency in the country to utilize this new process through a pilot program in July 2023 and has since disabled 1,500 phones.