BILL NUMBER: SB 139 AMENDED
AMENDED IN ASSEMBLY AUGUST 26, 2011
AMENDED IN ASSEMBLY JUNE 23, 2011
AMENDED IN SENATE MAY 24, 2011
AMENDED IN SENATE MAY 10, 2011
INTRODUCED BY Senator Alquist
JANUARY 31, 2011
An act to add
Sections 5040 and 6134 to
and repeal Section 5040 of the Penal Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
SB 139, as amended, Alquist. Corrections: Inspector
General. state prisons: searches.
Existing law establishes the office of the Inspector
General, and charges the Inspector General with various duties and
responsibilities, including conducting audits of, and reviewing the
policies and procedures of, the Department of Corrections and
Rehabilitation. Existing law establishes the Department of
Corrections and Rehabilitation, and charges it with various duties
and responsibilities related to inmates housed in state prisons.
This bill would authorize the Inspector General, or its
successor, to oversee, and require, only until January
1, 2014, the Department of Corrections and Rehabilitation to
oversee and conduct , periodic and random searches
of employees and vendors entering the secure perimeter of a state
prison under the jurisdiction of the department for contraband, and
require the department to report to the Inspector General
and the Legislature at least quarterly regarding
those searches, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5040 is added to the Penal Code, to read:
5040. (a) (1) The Department of Corrections and Rehabilitation
shall oversee and conduct periodic and random searches of employees
and vendors entering the secure perimeter of a state prison under the
jurisdiction of the department for contraband. These searches shall
include random searches of property, personal or otherwise, brought
into the prison by those individuals. The department shall
provide the Inspector General with no less than five working days'
notice prior to the dates of those random searches the department
plans to conduct. individuals.
(2) The searches shall be conducted at each institution at least
once per month. However, the secretary, or his or her designee, may
cancel a search at an institution in a given month provided both of
the following criteria are met:
(A) For every canceled search at an institution per month, an
additional search shall be conducted at another institution within
that same month.
(B) No institution may go three consecutive months without a
(b) (1) The department shall
provide a written report to the Legislature and the
Inspector General at least quarterly detailing the
(1) The names of the prisons where the searches took
(2) The dates of the searches.
(3) The shifts during which the searches took place.
(4) The number of employees searched.
(5) The number of vendors searched.
(6) The number of cell phones discovered.
(7) The number of items of portable computer equipment
found, including, but not limited to, iPods, MP3 players, DVD
players, CD players, CDs, and portable video game players.
(8) Tobacco products found.
(9) Illegal substances found, listed by type of
(2) The report shall include a general comment section for use by
the Inspector General and the department to discuss the issues they
find relevant to the searches and shall include a section detailing
the actions taken as a result of the discovery of contraband
possessed by an employee or vendor and the results of any
disciplinary process resulting from the discovery of contraband.
(c) The reports report to be
submitted pursuant to subdivision (b) shall be submitted in
compliance with Section 9795 of the Government Code.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
SEC. 2. Section 6134 is added to the Penal
Code, to read:
6134. The Inspector General, or its successor, may oversee, at a
minimum, the department's search of one staff shift per year at each
adult institution, in order to ensure the integrity of the process
and of the searches, and the accuracy of the reports submitted
pursuant to Section 5040. Nothing in this paragraph shall be
interpreted to allow the Inspector General to direct the department
regarding when the random searches shall take place, to allow the
Inspector General to direct the department regarding how the random
searches shall be carried out, or as requiring the Inspector General'
s approval prior to the department conducting the random searches.