BILL NUMBER: SB 26	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2011
	AMENDED IN SENATE  FEBRUARY 1, 2011

INTRODUCED BY   Senator Padilla
    (   Coauthors:   Senators  
Anderson,   Calderon,   Fuller,  Harman,
  and Walters   ) 

                        DECEMBER 6, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 26, as amended, Padilla. Prisons: wireless communication
devices.
   Existing law prohibits unauthorized communication with inmates in
state prison. A person who violates that provision is guilty of a
misdemeanor. Existing law further prohibits a person in a local
correctional facility from possessing a wireless communication
device, except as specified. 
   This bill would provide, with exceptions, that 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 or memory storage
device, is guilty of a misdemeanor, punishable by imprisonment in the
county jail not exceeding 6 months, a fine not to exceed $5,000 for
each device, or both that fine and imprisonment. 
   This bill would provide that if  any nonemployee 
 a person  who is visiting an inmate or ward under the
jurisdiction of the Department of Corrections and Rehabilitation
 ,  is found to be in possession of a  cellular
telephone,  wireless communication device,  as defined,
  or any component thereof,  upon being searched or
subjected to a metal detector, that device is subject to
confiscation  and would be returned the same day  , except
as specified. The bill would require that a notice to that effect be
posted in each area where visitors are searched prior to visiting
with an inmate or ward. 
   The bill would require, subject to certain exceptions, that any
nonemployee who possesses with the intent to deliver, or delivers, to
an inmate or ward, a wireless communication device is guilty of a
misdemeanor, punishable by a fine not to exceed $5,000. A subsequent
violation of that provision, or the possession with intent to
deliver, or delivery of, 2 or more wireless communication devices to
an inmate or ward, would be a misdemeanor punishable by 6 months in
jail, and a fine not to exceed $5,000 for each device. 

   The bill would also provide that an employee who possesses with
intent to deliver, or delivers, one or more wireless communication
devices is guilty of a misdemeanor punishable by a fine not to exceed
$5,000 for each device. For purposes of these provisions, an
employee is defined to include a volunteer, as specified. 
   Existing law provides for the accumulation, denial, or loss of
time credits for inmates of the  Department of Corrections
and Rehabilitation   department  based on each
inmate's behavior while under the jurisdiction of the department.
   The bill would also provide that an inmate or ward who is found to
be in possession of a wireless communication device would be subject
to the denial of time credits, as specified.  In addition,
the bill would provide that, if an inmate or ward uses a wireless
communication device in the commission or attempted commission of a
crime, upon conviction of that crime, he or she would be punished, in
addition and consecutive to the prescribed punishment, with
imprisonment in the state prison for 2, 3, or 5 years. 
   Because the bill would create  a  new  crimes
  crime  , the 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, 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 imprisonment in the county
jail not exceeding six months, a fine not to exceed five thousand
dollars ($5,000) for each device, or both that fine and imprisonment.

   (b) (1) 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).
   (2) 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.
   (3) 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.
   (c) Any inmate or ward who is found to be in possession of a
wireless communication device shall be subject to time credit denial
or loss pursuant to paragraph (2) of subdivision (a) of Section 2932.
Notwithstanding Section 2933, credits forfeited pursuant to this
section shall not be eligible for restoration.  
  SECTION 1.    Section 4576 is added to the Penal
Code, to read:
   4576.  (a) For purposes of this section, the following definitions
shall apply:
   (1) "Wireless communication device" means any hand-held device
having the ability to receive or transmit voice, text, or data
messages without a cable connection, such as a cellular telephone,
digital wireless telephone, radiotelephone/walkie-talkie, telephone
pager, personal digital assistant with wireless communications
capabilities (PDA), or research in motion wireless device (RIM), or
any component thereof, including, but not limited to, a subscriber
identity module (SIM) card or memory storage device.
   (2) "Employee" means any departmental staff, contractor,
subcontractor, volunteer, agent of, or person working for, the
Department of Corrections and Rehabilitation or working in any
facility or location where inmates or wards are housed.
   (3) "Volunteer" means any person working, without financial
compensation, for the Department of Corrections and Rehabilitation or
in any facility or location where inmates or wards are housed.
   (4) "Nonemployee" means any person who does not meet the
definition of "employee" in paragraph (2).
   (b) (1) Except as otherwise authorized by law, or when authorized
by the person in charge of the prison or other facility under the
jurisdiction of the Department of Corrections and Rehabilitation, if
any nonemployee visiting an inmate or ward under the jurisdiction of
the department is found to be in possession of a wireless
communication device upon being searched or subjected to a metal
detector, that device shall be subject to confiscation.
   (2) Except as otherwise authorized by law, or when authorized by
the person in charge of the prison or other facility under the
jurisdiction of the Department of Corrections and Rehabilitation, any
nonemployee who possesses with the intent to deliver, or delivers,
to an inmate or ward under the jurisdiction of the department a
wireless communication device, is guilty of a misdemeanor, punishable
by a fine not to exceed five thousand dollars ($5,000).
   (3) Any nonemployee who was previously convicted of a violation of
paragraph (2), who possesses with the intent to deliver, or
delivers, to an inmate or ward under the jurisdiction of the
department, one or more wireless communication devices, or any
nonemployee who possesses with the intent to deliver, or delivers, to
an inmate or ward under the jurisdiction of the department, two or
more wireless communication devices, is guilty of a misdemeanor,
punishable by six months in jail, and a fine not to exceed five
thousand dollars ($5,000) for each device.
   (c) Except as otherwise authorized by law, or when authorized by
the person in charge of the prison or other facility under the
jurisdiction of the Department of Corrections and Rehabilitation, any
employee who possesses with the intent to deliver, or delivers, to
an inmate or ward under the jurisdiction of the department, one or
more wireless communication devices, is guilty of a misdemeanor,
punishable by a fine not to exceed five thousand dollars ($5,000) for
each device.
   (d) (1) Any inmate or ward who is found to be in possession of a
wireless communication device shall be subject to time credit denial
or loss pursuant to paragraph (2) of subdivision (a) of Section 2932.
Notwithstanding Section 2933, credits forfeited pursuant to this
section shall not be eligible for restoration.
   (2) Any inmate or ward under the jurisdiction of the Department of
Corrections and Rehabilitation who, during the commission or
attempted commission of a crime, uses a wireless communication
device, shall, upon conviction of that crime, in addition and
consecutive to the punishment prescribed for the crime of which he or
she has been convicted, be punished by imprisonment in the state
prison for two, three, or five years.
   (e) Notice regarding paragraph (1) of subdivision (b) shall be
posted in each area in which visitors are searched prior to visiting
with an inmate or ward under the jurisdiction 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.