Contraband Elimination and Safety Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2092 To direct the Director of the Bureau of Prisons to implement a pilot program to reduce the amount of contraband that enters correctional facilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2021 Mr. HORSFORD (for himself and Mr. MCKINLEY) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Director of the Bureau of Prisons to implement a pilot program to reduce the amount of contraband that enters correctional facilities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Contraband Elimi- 4 nation and Safety Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Mail service is one of the oldest and most 8 commonly used methods to introduce contraband 9 VerDate Sep 11 2014 21:59 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2092.IH H2092 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2092 IH into correction facilities, creating an expensive and 1 often lethal problem for both inmates and employees 2 of the Federal prison facility. 3 (2) Processing mail in-house puts staff mem- 4 bers in danger of substance exposure and increases 5 risk of contraband items entering the facility. 6 (3) Studies have consistently found that pris- 7 oners who maintain close contact with their family 8 members while incarcerated have better post-release 9 outcomes and lower recidivism rates. 10 (4) Effective offsite mail processing ensures 11 that prisoners’ right to receive mail is protected and 12 gives prison officials a safe, defensible alternative to 13 mail restrictions that are unreasonable and arbi- 14 trary. 15 SEC. 3. PILOT PROGRAM TO REDUCE CONTRABAND. 16 (a) ESTABLISHMENT.—Not later than 180 days after 17 the date of the enactment of this Act, the Director of the 18 Bureau of Prisons shall establish a pilot program to— 19 (1) permit a Federal prison facility to screen 20 mail and packages for contraband at an offsite se- 21 cure facility before such mail and packages arrive at 22 the Federal prison facility pursuant to subsection 23 (c); 24 VerDate Sep 11 2014 21:59 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2092.IH H2092 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2092 IH (2) protect employees of the Federal prison fa- 1 cility and individuals incarcerated at such facilities 2 from contraband; and 3 (3) ensure effective, ongoing communication for 4 individuals who are incarcerated. 5 (b) REQUIREMENTS.—The pilot program under sub- 6 section (a) shall— 7 (1) screen, digitize, and reprint— 8 (A) hand-written postal mail in a secure 9 facility; and 10 (B) digital mail, including photos and cor- 11 respondence, from a web-based application de- 12 veloped to provide individuals the opportunity 13 to communicate with individuals who are incar- 14 cerated; 15 (2) permit employees of a Federal prison facil- 16 ity to review mail digitized pursuant to paragraph 17 (1) on a web-based application, in advance of its ar- 18 rival at the facility; and 19 (3) permit employees of a Federal prison facil- 20 ity to electronically verify the authenticity of legal 21 mail prior or upon its arrival at a Federal prison fa- 22 cility, without violating attorney-client privilege. 23 (c) NO ADDITIONAL EQUIPMENT.—The pilot pro- 24 gram under subsection (a) shall not require additional 25 VerDate Sep 11 2014 21:59 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2092.IH H2092 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2092 IH equipment or infrastructure to be developed or obtained 1 by the Bureau of Prisons. The Director may enter into 2 a contract with an entity to meet the requirements of the 3 pilot program under subsection (a). 4 (d) POPULATION.—The pilot program under sub- 5 section (a) shall— 6 (1) operate for no less than two years; and 7 (2) shall represent not less than 10 percent of 8 individuals incarcerated at Federal prison facilities. 9 (e) REPORTING.—Not later than one year after the 10 date of the enactment of this Act, and not later than one 11 year after the pilot program under subsection (a) ends, 12 the Director shall submit a report to the Committees on 13 the Judiciary and the Subcommittees on Commerce, Jus- 14 tice, Science, and Related Agencies of the Committees on 15 Appropriations of the House of Representatives and the 16 Senate, including— 17 (1) whether the pilot program under subsection 18 (a) has reduced the presence of contraband in Fed- 19 eral prison facilities; 20 (2) the impact of such pilot program on the 21 safety of employees and inmates of the Federal pris- 22 on facilities; and 23 VerDate Sep 11 2014 21:59 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2092.IH H2092 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2092 IH (3) recommendations for implementing a sus- 1 tainable solution to reducing the amount of contra- 2 band that enters a Federal prison facility. 3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out the pilot pro- 5 gram under this section such sums as may be necessary 6 for each of the fiscal years 2022 to 2023. 7 Æ VerDate Sep 11 2014 21:59 May 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2092.IH H2092 kjohnson on DSK79L0C42PROD with BILLS