BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 26|
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UNFINISHED BUSINESS
Bill No: SB 26
Author: Padilla (D), et al.
Amended: 8/31/11
Vote: 27 - Urgency
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
SENATE FLOOR : 39-0, 6/2/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 76-0, 09/07/11 - See last page for vote
SUBJECT : Wireless communication devices in state prisons
SOURCE : Author
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DIGEST : This bill (1) provides that any inmate found to
be in possession of a wireless communication device shall
be subject to time credit denial or loss of up to 90 days,
(2) facilitates the deployment of managed access technology
that will prevent smuggled cell phones from sending or
receiving communications within the secure perimeter of a
prison, and (3) provides that any person, employee or
nonemployee who possesses cell phones with the intent to
deliver, or delivers, to an inmate is guilty of a
misdemeanor, punishable by six months in jail for each
device and a fine of up to $5,000 per device.
Assembly Amendments (1) delete the provision relative to an
extension of discharge pertaining to a ward, (2) prohibit
CDCR from accessing data from a captured wireless device
unless a search warrant has been obtained,
(3) provide for a fine when a contractor discloses or uses
information, and (4) add an urgency clause.
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 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 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 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
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inmate or ward in the custody of 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 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 CDCR.
This bill provides that any inmate who is found to be in
possession of a wireless communication device shall be
subject to time credit denial or loss of up to 90 days.
This bill provides that CDCR shall not access data or
communications that have been captured using available
technology from unauthorized use of a wireless
communication device except after obtaining a valid search
warrant.
This bill further provides that:
1. CDCR shall not capture data or communications from an
authorized wireless communication device, except as
already authorized under existing law.
2. CDCR shall not access data or communications that have
been captured using available technology from an
authorized wireless communication device, except as
already authorized under existing law.
3. If the available technology to prevent wireless
communications from sending and receiving telephone
calls or other forms of electronic communication extends
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beyond the secure perimeter of the prison or
institution, CDCR shall take all reasonable actions to
correct the problem.
4. Any contractor or employee of a contractor or CDCR who
knowingly and willfully, without authorization, obtains,
discloses, or uses confidential information in violation
of this bill shall be subject to an administrative fine
or civil penalty not to exceed $5,000 for a first
violation, or $10,000 for a second violation, or $25,000
for a third or subsequent violation.
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 Committee. SB
1730 (Padilla, 2008) died on suspense in Senate
Appropriations Committee. SB 1267 (Leslie, 2006) died on
suspense in Senate Appropriations Committee. SB 1831
(Margett, 2006) died in Senate Public Safety Committee.
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
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
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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
in sentencing credit state incarceration of $1,200
for every
100 devices attributable to an
inmate/ward
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Notification posting minor, absorbable costs to
CDCR General
SUPPORT : (Verified 9/7/11)
Association of Orange County Deputy Sheriffs
AT&T
California Association of Highway Patrolmen
California Correctional Peace Officers Association
California Correctional Supervisors Organization Inc.
California District Attorneys Association
California Fraternal Order of Police
California Partnership to End Domestic Violence
California Peace Officers' Association
California Police Chiefs Association
California Probation Parole and Correctional Association
California State Sheriffs' Association
City and County of San Francisco, District Attorney George
Gascon, Bell Gardens Police Department
City of Buena Park Police Department
City of Chula Vista Police Department
City of Claremont Police Department
City of El Monte Police Department
City of Glendale Police Department
City of Long Beach Police Department
City of Menlo Park Police Department
City of San Bernardino Police Department
City of San Jose, Mayor Chuck Reed
Crime Victims United
CTIA - The Wireless Association
Davis Police Department
Gardena Police Department
Inglewood Police Department
Long Beach Police Officers Association
Los Angeles City Attorney, Carmen Trutanich
Los Angeles County Police Chiefs Association
Los Angeles County Professional Peace Officers Association
Los Angeles County Sheriff, Lee Baca
Newport Beach Police Department
Oceanside Police Department
Orange County Sheriff-Coroner, Sandra Hutchens
Palos Verdes Estates Police Department
Peace Officers Research Association of California
San Bernardino County Sheriff's Department
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San Francisco Police Department
San Mateo County Police Chiefs' and Sheriff's Association
Santa Ana Police Officers Association
Santa Barbara County District Attorney, Joyce E. Dudley
Santa Clara County Police Chiefs' Association
Shafter Police Department
South Pasadena Police Department
Riverside County Sheriff, Stan Sniff
United States Senator Dianne Feinstein
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
contraband into prisons. The number of cell phones
confiscated each year has grown dramatically. In 2010, the
number exceeded 10,761."
ASSEMBLY FLOOR : 76-0, 09/07/11
AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Harkey, Hayashi, Roger Hern�ndez, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
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Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Ammiano, Furutani, Gorell, Hall
RJG:mw 9/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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