Analyses / Public Summary / 119 · S 736 Public Summary

119-S-736 Journalist Public Summary

119 · S 736 A bill to increase the penalty for prohibited provision of a phone in a correctional facility, and for other purposes.

gavel Crime and Law Enforcement
Lieutenant Osvaldo Albarati Stopping Prison Contraband ActThis bill increases federal criminal penalties for providing or attempting to provide a cell phone to an individual who is incarcerated at a...

A bipartisan bill to raise penalties for smuggling cell phones into federal prisons (up to two years for providers), keep the inmate‑possession cap at one year, and require the Bureau of Prisons to review and update contraband policies; it was advanced by the Senate Judiciary Committee on May 14, 2026. (congress.gov)

Published
15 May 2026
Updated
15 May 2026
Tags
Public summary · 119th Congress · Crime and law enforcement
Unvetted
01 · Section

Headline Summary

S. 736 would toughen penalties for smuggling cell phones into federal prisons and direct the Bureau of Prisons to review its contraband policies; the bill moved out of the Senate Judiciary Committee on May 14, 2026. (congress.gov)

02 · Section

What It Does

- Raises the maximum penalty to up to 2 years in prison for anyone who provides a phone to an inmate ( smuggling or attempting to smuggle). - Keeps the existing cap (up to 1 year) for inmates who possess a contraband phone. - Tells the Bureau of Prisons to review and update its policies within one year to better protect incarcerated people and staff. (congress.gov)

03 · Section

Why It Matters

  • Contraband phones are widely used in prisons and can enable coordination of crimes from behind bars; a multi‑state survey found more than 25,000 phones recovered in 2020. (urban.org)
  • Recent cases show phones being smuggled through bribery or corruption, underscoring safety risks for staff and the public. (apnews.com)
  • The bill is named for Lieutenant Osvaldo Albarati, a federal correctional supervisor killed in 2013 after investigating contraband smuggling—highlighting the human stakes. (www2.fed.bop.gov)
  • Federal watchdogs have long warned that illicit phones undermine prison security and public safety. (oig.justice.gov)
04 · Section

Who’s For It

  • Bipartisan sponsors: Sens. Chuck Grassley (R‑IA), Jon Ossoff (D‑GA), Cindy Hyde‑Smith (R‑MS), and Cory Booker (D‑NJ); later joined by additional cosponsors including Sens. Ted Cruz (R‑TX), Mike Crapo (R‑ID), and Ashley Moody (R‑FL). (congress.gov)
  • Law‑enforcement oversight voices: DOJ Inspector General Michael Horowitz has endorsed strengthening penalties to curb illicit phones. (grassley.senate.gov)
  • Committee momentum: During National Police Week, the Senate Judiciary Committee advanced S. 736 as part of a package backing officer safety. (grassley.senate.gov)
05 · Section

Who’s Against It

  • Civil‑rights and prison‑reform advocates argue harsher penalties can lengthen incarceration without fixing root causes—like high costs and limited access to lawful calls that drive demand for contraband devices. (aclu.org)
  • They tend to favor measures such as lowering phone rates, tougher anti‑corruption controls, and technology/administrative fixes over new criminal penalties. (urban.org)
06 · Section

What’s Next

On May 14, 2026, the Senate Judiciary Committee ordered S. 736 to be reported favorably; next stop is consideration by the full Senate. A related House measure (H.R. 3353) is in the House Judiciary Committee. Note: Congress.gov may briefly lag in reflecting the latest committee action. (judiciary.senate.gov)

07 · Section

Key Numbers

These figures summarize what the bill changes and the scale of the issue (sources cited above).

Max penalty for providing a phone to an inmate (new)
2years
Max penalty for inmate possession of a phone (unchanged)
1years
Phones recovered in 20 states (2020, survey)
25000phones

Notes: The bill adds a specific 2‑year cap for providers while preserving the 1‑year cap for inmate possession under current law; the 25,000 figure reflects a multi‑state survey snapshot, not nationwide federal totals. (congress.gov)

Discussion