All inmates in a penal or juvenile facility of any security level shall only use those means of communication that are authorized by the facility’s administration. The authority in charge of the facility’s regulation shall establish basic conditions for accessibility, time, place, quantity, and frequency of these communications, which shall be subject to additional restrictions as part of disciplinary or security measures.
Possession by an inmate of any type of unauthorized telecommunications equipment, including cellular phones and any type of equipment or device that allows for the transmission of radio signals, access to cellular communication networks, or wireless connection to the Internet that has not been provided by the facility shall constitute a fourth-degree felony or the equivalent misdemeanor in the case of a minor. This violation shall be taken into consideration when evaluating eligibility for parole, probation, diversion or work program, bonus, or any other benefit to which the inmate could be eligible.
The unauthorized transfer of telecommunications equipment to an inmate in a penal or juvenile facility, or the possession within the penal or juvenile facility by a person unrelated to such facility with the intention of making an unauthorized transfer to an inmate shall constitute a fourth-degree felony if no payment or compensation request or promise is involved, and a third-degree felony if a payment or compensation request or promise is fulfilled. If an employee or contractor of the Department of Corrections and Rehabilitation, the agencies attached thereto, or a law enforcement officer is involved in such transaction, it shall constitute a third-degree felony even in the absence of payment or compensation request or promise.
History —Feb. 18, 2011, No. 15, § 2.