New Jersey Law Cracks Down on Contraband Cell Phones in Prisons

Cell phones have become an integral part of everyday life for most people. But in prison, they can be dangerous contraband used for criminal activity. That’s why New Jersey enacted Section 2C:29-10 of the state criminal code in 2021 – to crack down on illegal cell phones behind bars.

This law aims to prevent inmates from using cell phones to engage in criminal conduct or threaten the safety and security of correctional facilities. But it also recognizes that some authorized uses of technology can be beneficial for prisoners’ rehabilitation and successful reentry into society.

Let’s take a closer look at what this law does, its implications, and some key definitions.

What Activities Does the Law Prohibit?

Section 2C:29-10 prohibits unauthorized possession of electronic communication devices like cell phones, smartphones, computers, or tablets by inmates in correctional facilities. It also bans possession of SIM cards, smartwatches, and other devices that can connect to cellular networks or the internet.

In addition, the law makes it illegal to:

• Sell, transfer, or assign an electronic communication device to an inmate.
• Purchase or possess a device with the intent to deliver it to an inmate.
• Use an unauthorized device to communicate with a prisoner.
• Provide services or software to establish unauthorized communication with an incarcerated person.

Violations are considered third- or fourth-degree crimes, depending on the circumstances. That means they can be punished by 3-5 years or up to 18 months in prison, respectively.

Why Did New Jersey Pass This Law?

Prison officials have long considered contraband cell phones a serious threat. Phones smuggled into jails and prisons have allowed inmates to direct criminal conspiracies, threaten witnesses, coordinate escapes, or continue fraudulent schemes – even from behind bars.

For example, in 2019 gang leader Kaboni Savage used a contraband phone to direct continued drug trafficking operations from a federal prison. He also tried to arrange hits on a prosecutor and witness who helped convict him.

High-profile cases like this pushed New Jersey legislators to give law enforcement more tools to crack down on illegal cell phone use in correctional facilities. Supporters said the measure was necessary to maintain security, safety, and discipline in prisons and jails.

But the law doesn’t completely prohibit technology use. It carves out exceptions for authorized devices and purposes, which we’ll discuss next.

Authorized Use of Technology in Prisons

Section 2C:29-10 doesn’t ban all devices or communication by inmates. In fact, it explicitly allows possession and use of technology for authorized purposes, under the direction of correctional facility administrators.

Some examples of permitted technology include:

• Tablets, computers, or phones provided by the correctional facility to facilitate access to education, vocational training, rehabilitative programming, or reentry services.
• Secure messaging systems that connect inmates with their attorneys, probation officers, or other approved contacts.
• Authorized devices used under direct supervision, such as for video visitation with family.
• Electronic monitoring devices used in community supervision programs.
• Assistive devices for prisoners with disabilities.

So the law targets unauthorized communication that could compromise safety and security – not legitimate uses that support rehabilitation or successful reintegration after release.

Defining Key Terms

Section 2C:29-10 contains several key definitions:

• An “electronic communication device” is broadly defined as anything “designed or intended to receive or transmit oral, visual or wire communications.” This covers cell phones, computers, cameras, recording devices, and more.
• A “correctional facility” can be a jail, prison, juvenile facility, or other detention center owned by the state or a county or municipality.
• “Possession” means having an electronic device on one’s person, or having control over or access to a device.
• “Unauthorized” refers to devices or communication not officially approved by correctional administrators.

These definitions help distinguish between permitted and prohibited technology under the law.

Weighing the Pros and Cons

New Jersey’s electronic communication device law has benefits and drawbacks.

On one hand, it provides new tools to maintain order and safety in correctional institutions. Banning unauthorized phones helps prevent serious criminal activity orchestrated from behind bars. This protects the public and makes facilities safer for inmates and staff.

But critics argue the law could hinder rehabilitation and reentry efforts. Phones and computers can provide valuable educational programming and contact with supportive services. And studies show family communication during incarceration reduces recidivism.

Officials will need to ensure authorized access to technology continues, while cracking down only on dangerous contraband. For this balanced approach to work, prisons must be adequately staffed and resourced.

Looking Ahead

As technology evolves, new challenges and opportunities will emerge. But New Jersey has established clearer rules prohibiting unauthorized electronic devices that threaten security.

At the same time, the law leaves room for correctional officials to safely implement tech tools that support rehabilitation, education, and family connectivity. With careful implementation, Section 2C:29-10 can help maintain order while enabling innovations to reduce recidivism.