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Friday, September 20, 2024

Georgia AG urges FCC action on prison cellphone jammers

State Supreme Court
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Attorney General Chris Carr | Facebook Website

Attorney General Chris Carr is urging the Federal Communications Commission (FCC) to take immediate action to permit the use of cell phone jamming devices within state prisons and local jails. The FCC currently prohibits the use of cell phone "jammers," a prohibition that extends to state and local governments. Contraband cell phones in prisons and jails are being used to plan violent attacks and other criminal activities, posing significant safety risks to correctional officers, visitors, inmates, and the public.

"The easiest way to protect the public from the harms caused by contraband cell phones is to allow for the use of cell phone jamming technology in prisons and jails, but the FCC continues to block our efforts," said Carr. "This outdated guidance limits legitimate law enforcement tools, presents dangerous conditions for correctional officers, and allows for the escalation of criminal networks both inside and outside prison walls. We’re committed to combatting violent crime wherever it occurs, which is why we continue to call on the federal government to remove this substantial barrier to public safety."

In Georgia alone, 8,074 contraband cell phones were confiscated in 2023, with 5,482 confiscated so far in 2024. Recently, an incarcerated leader of the street gang "Yves Saint Laurent Squad" used a contraband cell phone to order a hit resulting in the death of an 88-year-old Georgia veteran. A gang leader in North Carolina ordered the kidnapping of a prosecutor’s father via a prison cell phone. In California, prison gangs have used contraband cell phones for ordering murders within prisons and trafficking drugs.

"There are hundreds of examples from across the country of how a contraband cell phone in the hands of an inmate can be used as a deadly weapon and gives them the ability to continue their criminal enterprise. We are incensed by the lengths these individuals go to continue those activities and endanger the public," said Georgia Department of Corrections Commissioner Tyrone Oliver. "As attempts to infiltrate our facilities with contraband cell phones evolve, access to jamming technology is paramount in our efforts to combat those attempts. We appreciate Attorney General Carr's support in our ongoing commitment to public safety and safe operations at our facilities."

Carr notes that FCC policy relies on a statute enacted in the early 1990s before prison inmates began using contraband cell phones for unlawful activities.

Carr further states: "Nothing in the language of 47 U.S.C § 333 prohibits the FCC from revising its position to allow state agencies to use cell phone jamming devices in prisons. In fact, the United States Bureau of Prisons has recognized the potential value of cell phone jammers already and is permitted to use jamming devices at several federal penitentiaries, including at least one in Georgia."

In January 2023, Carr joined a coalition of attorneys general from 22 states urging Congressional leaders to pass legislation allowing states to implement a cellphone jamming system in correctional facilities.

Carr’s Gang Prosecution Unit has also partnered with the Georgia Department of Corrections (GDC) investigating currently incarcerated individuals alleged engaged in criminal gang activity and discussions regarding packaging and shipping contraband items into GDC facilities.

Find a copy of Carr's letter here.

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