BILL NUMBER: SB 25	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        DECEMBER 6, 2010

   An act to add Section 4576 to the Penal Code, relating to
correctional facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 25, as introduced, Padilla. Correctional facilities: wireless
communication devices.
   Existing law establishes various offenses relating to the
unauthorized provision of specified items to persons confined in
local and state correctional facilities.
   This bill would provide, subject to exceptions, that a person who
possesses with the intent to deliver, or delivers, to an inmate or
ward in the custody of the Department of Corrections and
Rehabilitation 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 exceeding $5,000
for each device. The bill would also provide that if a person
visiting an inmate or ward in the custody of the department, when
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 cellular telephone or wireless
communication device or component shall be subject to confiscation,
but shall be returned on the same day the person visits the inmate or
ward, except as provided. The bill would require posted notices
regarding those search and confiscation provisions, as specified.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4576 is added to the Penal Code, to read:
   4576.  (a) Except as otherwise authorized by law, or when
authorized by either the person in charge of the prison or other
institution under the jurisdiction of the Department of Corrections
and Rehabilitation or an officer of the institution empowered to give
that authorization, and except as provided in subdivision (b), a
person who possesses with the intent to deliver, or delivers, to an
inmate or ward in the custody of the department 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 five thousand dollars ($5,000) for
each device.
   (b) If a person visiting an inmate or ward in the custody of the
department, 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 but shall be returned on
the same day the person visits the inmate or ward, unless the
cellular telephone or other wireless communication device or any
component thereof is held as evidence in a case where the person is
cited for a violation of subdivision (a). If, upon investigation, it
is determined that no prosecution will take place, the cellular
telephone or other wireless communication device or any component
thereof shall be returned to the owner at the owner's expense. Notice
of this provision shall be posted in all areas where visitors are
searched prior to visitation with an inmate or ward in the custody of
the department.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.