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 SB 525 Page 2 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 SB 525 Page 3 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. SB 525 Page 4 "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 SB 525 Page 5 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 SB 525 Page 6 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 SB 525 Page 7 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