BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 26|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 26
Author: Padilla (D), et al.
Amended: 3/30/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/22/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Wireless communication devices in state prisons
SOURCE : Author
DIGEST : This bill (1) provides that any inmate or ward
found to be in possession of a wireless communication
device shall be subject to time credit denial or loss of up
to 180 days, and the credits forfeited shall not be
eligible for restoration; (2) makes it a misdemeanor,
punishable by imprisonment for up to six months in county
jail, a fine not to exceed $5,000 per device, or both, for
any person who possesses with the intent to deliver, or
delivers, a cellular telephone, wireless communication
device, or component thereof, to a Department of
Corrections and Rehabilitation (CDCR) inmate or ward; and
(3) provides that if a person visiting an inmate or ward,
CONTINUED
SB 26
Page
2
upon being searched or subjected to a metal detector, is
found in possession of a cellular telephone or other
wireless communication device or component, that device
shall be subject to confiscation but shall be returned on
the same day, unless the device is held as evidence in a
case. Notice of this provision must be posted in all areas
where visitors are searched prior to visitation.
ANALYSIS : 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.
Existing law provides for the accumulation, denial, or loss
of time credits for inmates of the Department of
Corrections and Rehabilitation (CDCR) based on each
inmate's behavior while under the jurisdiction of the CDCR.
This bill provides that (1) 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 CDCR 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 CDCR 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 $5,000 for each
device, or both that fine and imprisonment, and (2) if a
person visiting an inmate or ward in the custody of the
CDCR, 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 is held as evidence in a case where the
person is cited for a violation of the provisions in #1
SB 26
Page
3
above. 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.
This bill provides that notice of these provisions shall be
posted in all areas where visitors are searched prior to
visitation with an inmate or ward in the custody of the
CDCR.
This bill provides that 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. The credits
forfeited pursuant to this bill shall not be eligible for
restoration.
Prior Legislation :SB 525 (Padilla) passed the Senate (34-0)
on August 9, 2010, but was vetoed. SB 434 (Benoit) - 2009,
died on suspense in Assembly Appropriations. SB 1730
(Padilla) - 2008, died on suspense in Senate
Appropriations. SB 1267 (Leslie) - 2006, died on suspense
in Senate Appropriations. SB 1831 (Margett) - 2006, died
in Senate Public Safety.
In his veto message of SB 525, Governor Schwarzenegger
stated:
"Over the last few years, the proliferation of wireless
communication devices in California's prisons has become
one of the most challenging issues facing the Department
of Corrections and Rehabilitation. As technology has
advanced and these devices have become smaller and more
powerful, the threat these devices pose to employees in
correctional facilities and the public at large has
grown. These devices allow inmates to plan prison
assaults and escapes, harass and intimidate witnesses and
victims, and facilitate other criminal activities,
including directing the activities of criminal street
gangs and authorizing murders.
"In response to this serious threat, my Administration
launched programs to conduct random searches at prisons,
established a committee to study cell phone jamming and
SB 26
Page
4
detection techniques, and even utilized trained dogs to
aid in uncovering contraband devices. "In 2009, my
administration sponsored legislation to make possession
of an unauthorized wireless communication device in
prison a felony. Unfortunately, the Legislature failed
to pass this commonsense measure.
"Over a year later, the Legislature has passed this
measure, which does not make it a crime for an inmate to
possess a wireless communications device in a prison.
Instead, this measure would only make it a crime to bring
a wireless device into a prison with the intent to
furnish it to an inmate, a crime that would only be
punishable by a $5,000 fine. Although our prisons
continue to face drastic budget cuts and overcrowding, it
is inexcusable to treat the threat of wireless
communications devices in prisons so lightly. Signing
this measure would mean that smuggling a can of beer into
a prison carries with it a greater punishment than
delivering a cell phone to the leader of a criminal
street gang.
"I applaud the author for attempting to address this
issue and acknowledge that this may, in fact, be the
strongest measure that will emerge from the Legislature
on this issue. And while signing this measure might be
better than nothing, I cannot sign a measure that does so
little. I urge the Legislature to pass a measure that
will deter the conduct of persons smuggling wireless
communication devices into prisons with the threat of
jail time as well as punish the inmates who are caught
possessing these devices."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Loss of up to six months unknown, major costs for
increased General
SB 26
Page
5
in sentencing credit state incarceration of $1,200
for every
100 devices attributable to an
inmate/ward
Notification posting minor, absorbable costs to
CDCR General
SUPPORT : (Verified 5/26/11)
Association of Orange County Deputy Sheriffs
California Correctional Supervisors Organization
California District Attorneys Association
California Fraternal Order of Police
California Peace Officers Association
California Police Chiefs Association
California State Sheriffs' Association
Crime Victims United of California
CTIA-The Wireless Association
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Peace Officers Research Association of California
San Bernardino County Sheriff's Department
Santa Ana Police Officers Association
ARGUMENTS IN SUPPORT : According to the author: "Current
law does not include punishments for employees of the
California Department of Corrections and Rehabilitation, or
nonemployees who smuggle or have the intent to smuggle
wireless communication devices to prison inmates. Current
law does not include punishments for inmates or wards under
the jurisdiction of the California Department of
Corrections and Rehabilitation who are in possession of a
wireless communication device or use a wireless
communication device to facilitate a crime."
The Association of Orange County Deputy Sheriffs states:
"California Department of Corrections and Rehabilitation
has indicated that their investigations have shown that
inmates have used wireless communication devices to
communicate with other inmates in the prison system as well
as with persons not in the system, to plan crimes such as
escapes along with coordinating the introduction of
SB 26
Page
6
contraband into prisons. The number of cell phones
confiscated each year has grown dramatically. In 2010, the
number exceeded 10,761."
RJG:mw 5/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****