Gov. McMaster signs prison cellphone ban named after former Lee Correctional Capt. Robert Johnson

Fourteen years after a bullet nearly killed a former Lee Correctional Institution captain, a new law banning the devices that helped orchestrate the attack has been signed.

Gov. Henry McMaster and Lt. Gov. Pamela Evette were joined by Department of Corrections Director Bryan Stirling, members of the General Assembly and other state agency leaders on Tuesday, Oct. 22, for the ceremonial bill signing of the Capt. Robert Johnson Act. According to South Carolina Governor’s Press Office, the bill creates a new criminal offense for unlawful possession of telecommunications devices by an inmate of SCDC unless authorized by the director.

The bill defines a telecommunications device as “any device that enables communication with individuals inside or outside of a correctional facility,” including, but not limited to, cellphones, handheld radios, portable two‑way pagers, laptop computers or any components of these devices. Telecommunication devices also include any new technology that has been developed or is used for similar purposes.

“Cellphones are very dangerous in an inmate’s hands. Today marks a milestone for the South Carolina Department of Corrections as we take a huge step forward by signing this bill," Stirling said. "It has always been against our rules, but now it is against the law.”

Cellphones have been the cause of many tragic, fatal and near-fatal incidents that occurred inside and outside prison walls. The 2018 Lee Correctional Institution riots that left seven dead and several injured were orchestrated through contraband cellphones smuggled into the prison – the very items Johnson was tasked to intercept while employed with SCDC, until a bullet ended his career - and nearly his life. The trials in the case are ongoing.

Johnson, who was 57 at the time, learned of a hit on his life – first from an inmate and then from the Lee CI warden - in retaliation for intercepting a package holding approximately $50,000 worth of contraband that inmates planned to sell inside, he told The Item in June 2023.  The hit was orchestrated through contraband cellphones inside the prison used to communicate with former inmates on the outside. In the early morning hours of March 5, 2010, the hit was carried out in the walls of Johnson’s home after a former inmate kicked in his front door and shot him, with his wife mere feet away.  

Six shots were fired into Johnson’s chest and abdomen using a .38 pistol. The physical toll on his body since included 29 surgeries directly related to the shooting and many more to come as he battles daily with the dead spot behind his heart and holes in his intestines.

But on Tuesday, Johnson expressed he was “overjoyed” at the law being signed.  

“I think we need to do all we can to stop inmates from having access to contraband phones and to help support our correctional staff,” he said. “I thank them for pushing the legislation through.”

A first offense is classified as a misdemeanor and is punishable by up to one year in prison. A second offense is a felony, carrying a prison sentence of up to five years. If the device is used in the commission of a felony, the offender may face an additional 10 years of imprisonment if the court finds that the device facilitated the crime, according to the Governor’s Press Office.

"The use of contraband cellphones and other communication devices to orchestrate crime both inside and outside of prison has been a serious threat that has had devastating consequences for innocent people across our state," said Gov. McMaster. "Thanks to the leadership of Director Stirling, we have made tremendous progress in shutting down these devices. Today's bill signing builds on our success, further strengthening our prisons' security and protecting our communities from these criminals." 

SCDC became the first correctional agency in the country to utilize a new process through the SCDC’s Cell Phone Interdiction program, which works directly with wireless providers to disable contraband cellphones detected in the prison facilities.  Since July 2023, when the pilot program launched, SCDC has disabled 1,500 cellphones.

“It was only a few years ago that we were complaining about the problem, and what we have today is us fixing it,” said Speaker of the S.C. House Murrell Smith. “There’s a lot of credit to be given, most importantly to the men and women of the South Carolina Department of Corrections who are putting their lives on the line daily to make sure that we and the public are protected.”