BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 525
                                                                  Page 1

          Date of Hearing:   June 15, 2010
          Counsel:                Kimberly A. Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    SB 525 (Padilla) - As Amended:  March 8, 2010


           SUMMARY  :  Creates a misdemeanor, punishable by a fine not to  
          exceed $5,000, for the possession of a cellular telephone device  
          or wireless communication device with the intent to deliver that  
          device to an inmate or ward in the custody of the California  
          Department of Corrections and Rehabilitation (CDCR).   
          Specifically,  this bill  :   

          1)States that except as otherwise specified, or when authorized  
            by the person in charge of the prison or other institution  
            under CDCR's jurisdiction or by an officer of the institution  
            empowered to give that authorization, any person who possesses  
            with the intent to deliver, or delivers, to an inmate or ward  
            in CDCR's custody any cellular telephone or other wireless  
            communication device or any component thereof, including, but  
            not limited to, a subscriber identity module (SIM) card or  
            memory storage device, is guilty of a misdemeanor, punishable  
            by a fine not to exceed $5,000 for each device.

          2)Provides that if a person visiting an inmate or ward in CDCR's  
            custody, upon being searched or subjected to a metal detector,  
            is found to be in possession of a cellular telephone or other  
            wireless communication device or any component thereof,  
            including, but not limited to, a SIM card or memory storage  
            device, that device or component shall be subject to  
            confiscation.  Notice of this language shall be posted in all  
            areas where visitors are searched prior to visitation with an  
            inmate or ward in CDCR's custody.

           EXISTING LAW  :

          1)Authorizes the sheriff in each county to establish, maintain  
            and operate a store in connection with the county jail and for  
            this purpose may purchase confectionery, tobacco and tobacco  
            users' supplies, postage and writing materials, and toilet  
            articles and supplies and to sell these goods, articles,  and  








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            supplies for cash to inmates in the jail.  Any profit shall be  
            deposited in an inmate welfare fund to be kept in the treasury  
            of the county, as well as 10% of all gross sales of inmate  
            hobby craft and inmate phone revenues.  Any funds that are not  
            needed for the welfare of the inmates may be expended for the  
            maintenance of county jail facilities.  Maintenance of county  
            jail facilities may include, but is not limited to, the salary  
            and benefits of personnel used in the programs to benefit the  
            inmates, including, but not limited to, education, drug and  
            alcohol treatment, welfare, library, accounting, and other  
            programs deemed appropriate by the sheriff.  An itemized  
            report of these expenditures shall be submitted annually to  
            the board of supervisors.  [Penal Code Section 4025.]

          2)States that any person who knowingly brings into any state  
            prison or other institution under the jurisdiction of CDCR, or  
            into any prison camp, prison farm, or any other place where  
            prisoners or inmates of these institutions are located under  
            the custody of prison or institution officials, officers, or  
            employees, or into any county, city and county, or city jail,  
            road camp, farm or any other institution or place where  
            prisoners or inmates are being held under the custody of any  
            sheriff, chief of police, peace officer, probation officer, or  
            employees, or within the grounds belonging to any institution  
            or place, any alcoholic beverage, any drugs, other than  
            controlled substances, in any manner, shape, form, dispenser,  
            or container, or any device, contrivance, instrument, or  
            paraphernalia intended to be used for unlawfully injecting or  
            consuming any drug other than controlled substances, without  
            having authority so to do by the rules of CDCR, the rules of  
            the prison, institution, camp, farm, place, or jail, or by the  
            specific authorization of the warden, superintendent, jailer,  
            or other person in charge of the prison, jail, institution,  
            camp, farm, or place, is guilty of a felony.  [Penal Code  
            Section 4573.5.]

          3)States any person in a local correctional facility who  
            possesses a wireless communication device, including, but not  
            limited to, a cellular telephone, pager, or wireless Internet  
            device, who is not authorized to possess that item is guilty  
            of a misdemeanor, punishable by a fine of not more than  
            $1,000.  [Penal Code Section 4575(a).]

          4)Provides any person housed in a local correctional facility  
            who possesses any tobacco products in any form, including  








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            snuff products, smoking paraphernalia, any device that is  
            intended to be used for ingesting or consuming tobacco, or any  
            container or dispenser used for any of those products, is  
            guilty of an infraction, punishable by a fine not exceeding  
            $250.  Money collected pursuant to this section shall be  
            placed into the inmate welfare fund, as specified.  [Penal  
            Code Section 4575(b) and (c).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :

           1)Author's Statement  :  According to the author, "Currently,  
            there is no specific penalty against persons that smuggle cell  
            phones into prisons.  Over the past several years, more and  
            more cell phones have been found in California prisons.  In  
            2009 alone, there were over 6,995 cell phones confiscated from  
            state prisoners.  Inmates smuggle these into prison or coax  
            others to sneak the phones in for them when they came to  
            visit.  With cell phones in their possession, prisoners can  
            utilize them to call in crimes, plan escapes, organize riots  
            or simply communicate with other prisoners with cell phones.

          "Smuggled cell phones empower dangerous gangs, including  
            organized criminal networks, which are deeply rooted in our  
            prison system.  With such a strong increase in violent crimes  
            committed over the past few months, it is important to ensure  
            that our prisons are free of cell phones which can be used to  
            call in kidnappings, thefts and mass murders.

          "Current law (SB 655, 2007) makes it a misdemeanor, with a fine  
            of less than $1,000, for the unauthorized possession of a cell  
            phone in county jail only.  SB 525 would remedy this  
            deficiency in state law by making it a misdemeanor, with a  
            maximum $5,000 fine, for any individual to attempt to smuggle  
            a cell phone into a state prison."

           2)Office of the Inspector General (OIG) Report  :  In May 2009,  
            the OIG published a report, "Inmate Cell Phone Use Endangers  
            Prison Security and Public Safety".  The report stated,  
            "According to numerous California Department of Corrections  
            and Rehabilitation (Department) officials, the possession of  
            cell phones and electronic communication devices by  
            California's inmates is one of the most significant problems  
            facing the Department today. 








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          "Therefore, in February 2009, the Office of the Inspector  
            General (OIG) began a review into the proliferation of  
            contraband cell phones in California prisons and how their use  
            puts Department staff, inmates, and the general public at  
            risk.  During 2006, correctional officers seized approximately  
            261 cell phones in the state's prisons and camps.  However, by  
            2008, that number increased ten-fold to 2,811 with no end in  
            sight.  Inmates' access to cell phone technology facilitates  
            their ability to communicate amongst themselves and their  
            associates outside of prison to plan prison assaults, plot  
            prison escapes, and orchestrate a myriad of other illegal  
            activity.

          "In addition, these devices can provide an inmate unrestricted  
            and unmonitored access to the Internet, whereby they can  
            communicate with unsuspecting victims, including minors.   
            According to the Department, inmates are paying those involved  
            in smuggling cell phones into California prisons between $500  
            and $1,000 per phone.  There are currently no criminal  
            consequences for the introduction or possession of cell phones  
            in prison, making this activity merely an administrative  
            violation. 

          "Furthermore, current security entrance procedures provide ample  
            opportunities for staff and visitors to bring contraband into  
            prison facilities without fear of discovery.  Therefore, the  
            introduction of cell phones into state prisons is a low-risk,  
            high-reward endeavor.  In addition to staff, other conduits  
            for smuggling cell phones include visitors, outside  
            accomplices, minimum support facility inmates working outside  
            perimeter fences, and contracted employees.  In an effort to  
            combat this growing threat, the Department is supporting  
            legislation making it a crime to introduce or possess cell  
            phones in California's prisons.  Unfortunately, previous  
            efforts to pass similar legislation have failed.  In addition,  
            technology that detects or jams cell phone signals is  
            commercially available but potentially expensive and would  
            require federal authorization to place into use.  Other  
            detection methods that have been used or are now in sporadic  
            use, such as hands-on searches, metal detectors, and x-ray  
            equipment, are more labor intensive and would require an  
            increase in staffing and funding."

          The OIG made several recommendations in its report to ameliorate  








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            the harm caused by the proliferation of cell phones in prisons  
            and found "the dramatic rise in cell phones confiscated by  
            CDCR staff is a clear indicator that the current methods used  
            to interdict the introduction of cell phones are ineffective.

          "To truly eradicate cell phone usage, the Office of the  
            Inspector General recommends that the Secretary of the  
            Department take the following actions:  continue efforts to  
            seek legislative change to make the introduction or possession  
            of cell phones in all correctional facilities a criminal  
            offense; collaborate with other state and federal correctional  
            agencies to lobby the Federal Communications Commission (FCC)  
            for an exemption in using cell phone jamming devices; request  
            additional funds to purchase cell phone detection solutions  
            and jamming devices (if subsequently approved by the FCC);  
            request resources and funds to conduct airport-style screening  
            including metal and canine detection, and, when necessary,  
            manual searches of persons entering California prison  
            facilities; restrict the size of all carrying cases being  
            brought into the secure areas of prisons by all persons  
            including backpacks, briefcases, purses, ice chests, lunch  
            boxes, file boxes, etc., so that they may be x-rayed; require  
            staff and visitors to place all personal items in see-through  
            plastic containers; request additional resources and funds to  
            increase detection activities similar to 'Operation  
            Disconnect;' ensure all quarterly contract vendor packages be  
            shipped directly to prisons and correctional camps; and  
            implement an anonymous cell phone smuggling reporting system  
            for employees and inmates."

           3)Arguments in Support  :  According to the  Peace Officers  
            Research Association of California  , "This bill would make it a  
            misdemeanor to possess or smuggle a wireless communication  
            device in a prison, punishable by a fine up to $5000 for each  
            device.  Possessing cellular phones in prison is a safety  
            hazard for those working in the prisons, as well as other  
            inmates.  It has been found that these devices enable inmates  
            in one prison to talk with inmates in another prison, as well  
            as those outside prison. These currently no criminal  
            consequences for those who smuggle these devices into the  
            prisons.  SB 525 would be a great deterrent to those who might  
            otherwise feel they will be punished for bringing a cell phone  
            into a prison or possessing one while in prison."

           4)Arguments in Opposition  :  According the to  Friends Committee  








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            on Legislation  , "As an organization that advocates on behalf  
            of families of the incarcerated, we fully understand the  
            threat of cell phones in correctional institutions pose to  
            employees and prisoners and applaud reasonable efforts to  
            reduce their frequency.  To our knowledge, there has never  
            been a documented instance of a visitor successfully smuggling  
            a cell phone into a California prison.  Visitors must pass  
            through metal detectors that are so sensitive that female  
            visitors cannot wear under-wire bras. If a visitor is found to  
            have a cell phone in their possession, they are typically  
            asked to return the cell phone to their car, to leave the cell  
            phone at the Friends Outside facility, or to store the cell  
            phone in lockers provide in the visitor processing center. In  
            each instance, visitors are required to pass through medal  
            detectors again.

          "In sum, we question the necessity of confiscating cell phones  
            from visitors who inadvertently has a cell phone in their  
            possession when the current practices are functioning  
            extremely well.  While this may seem trivial, many families of  
            the incarcerated are of limited economic means and find the  
            cost of visiting their loved ones in prison prohibitive.  Many  
            drive very long distances from our state's population centers  
            to prisons located in remote areas.  The loss of a cell phone  
            affects them disproportionately, especially as more people are  
            giving up traditional land lines.  On the other hand, the  
            Department of Corrections and Rehabilitation has publicly  
            acknowledged numerous documented incidences of staff  
            distributing cell phones to prisoners.  To the detriment of  
            the safety of correctional institutions, employees are not  
            required to pass through metal detectors.  

          "We understand the state's fiscal problems make the cost if  
            additional metal detectors prohibitive; therefore, the  
            Legislature should explore other means of reducing the number  
            of cell phones in prison.  For example, SB 1066 (Orapeza)  
            requires unannounced, random searches of employees entering  
            correctional facilities.  While SB 525 criminalizes behavior,  
            it does not provide added security because it does not include  
            means for detecting wireless communication devices delivered  
            by employees."

           5)Related Legislation  :  SB 434 (Benoit) states any inmate or  
            ward who possesses any cellular telephone or other wireless  
            communication device, or any component thereof, including, but  








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            not limited to, SIM cards and memory storage devices, or any  
            person who possesses with the intent to deliver, or delivers,  
            to an inmate or ward in CDCR's custody, any cellular telephone  
            or other wireless communication device or component,  
            including, but not limited to, SIM cards and memory storage  
            devices, is guilty of a misdemeanor, punishable by a fine not  
            to exceed $5,000.  SB 434 was held on the Assembly Committee  
            on Appropriations' Suspense File.  However, SB 434 does not  
            penalize an inmate but rather the person who brings a  
            telephone or wireless device into a correctional institution  
            with the intent to deliver it to an inmate. 

           6)Prior Legislation  :

             a)   SB 655 (Margett), Chapter 655, Statutes of 2008,  
               prohibits possession or use of tobacco products and  
               wireless communication devices by inmates under CDCR's.

             b)   AB 1267 (Leslie), of the 2005-06 Legislative Session,  
               would have provided that the unauthorized possession of a  
               wireless communication device, as specified, by a prisoner  
               in a state prison or county jail would be a misdemeanor.   
               AB 1267 was held on the Assembly Committee on  
               Appropriations' Suspense File. 
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Correctional Supervisors Organization
          California District Attorneys Association
          California State Sheriffs' Association
          Los Angeles County District Attorney's Office
          Police Officers Research Association of California
          San Bernardino County Sheriff's Department

           Opposition 
           
          Books Not Bars
          Friends Committee on Legislation
           

          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744