Security minister wants stiffer penalties for cell phone breaches in prison

Department of Correctional Services data are showing that more criminals incarcerated in Jamaica’s adult penal institutions are getting their hands on cellular phones and other electronic communication devices, despite legislation which makes this illegal.

Minister of National Security Dr Horace Chang made the declaration as he sought to get the parliamentary Opposition to support amendments to the laws, which would provide a range of stiffer penalties with fines of up $3 million and sentences of up to five years.

The matter was discussed during Tuesday’s sitting of the House of Representatives at which the Corrections (Amendment) Act, 2021 was tabled and for which government lawmakers pressed for an early passage.

However, Opposition Leader Mark Golding insisted that he needed at least another week to fully study the very important amendments and so deliberations will continue at the next sitting on Tuesday.

However, Chang, the deputy prime minister, used the occasion to make the case for the acceptance of the amendments which would effectively repeal the Corrections Act of 1985, as well the Correctional Institution Rules of 1991.

CELL PHONE SEIZURE STATS

Chang quoted figures which showed that in 2016-17, the number of cell phones seized during searches at adult correctional centres was 1,070, but that jumped to 1,342 the following year and dropped to 998 in 2018-19, which he thinks was attributed to the use of states of public emergency.

However, by 2019-2020, the number of phones seized increased to 2021.

This is cause for concern, according to Chang, who argued that it was evident that through the use of cell phones and other electronic communication devices, incarcerated criminals have been able to influence the activities of criminal gangs, including the maintenance of their drugs operations. Worse than that, though, is the fact they have been able to pervert the course of justice by the intimidation, injuring and even killing of witnesses.

For these reasons, he said that the orchestration of criminal activities from behind prison wall, through the use of cell phones, must remain an offence that will draw the kind of penalties that will deter the criminals from getting involved or continuing to participate in this dangerous activity.

“Anyone who is in a prison who knows they will spend another 20 years, they gonna have second thoughts about using an illegally acquired cell phone inside that facility, which is the object of this legislation.”

Meanwhile, Attorney General Marlene Malahoo Forte threw her support behind the amendment, especially in light of the evidence showing that cell phones are increasingly being used to mastermind and direct organised criminal activities from inside prisons. She had a message for these criminals who continue to wreak havoc in many Jamaican communities.

“If you are not authorised and you use a cell phone or any other form of electronic device and if you send instruction outta road and cause things to happen, you are going to be punished and when you are found guilty, the time start to run after you finish the existing prison time.”

christopher.serju@gleanerjm.com