BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 170 (Gaines) - Unmanned aircraft systems: correctional facilities ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 22, 2015 |Policy Vote: PUB. S. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. Bill Summary: SB 170 would do the following: Provide that the use of an unmanned aircraft system (drone), as defined, to commit any of enumerated felony violations for bringing contraband into a prison or jail shall be considered a factor in aggravation in sentencing. Provide that a person who uses a drone to commit an infraction or misdemeanor violation for bringing contraband into a prison jail be subject to a doubled fine, as specified. Provide that intentionally operating a drone below the navigable airspace overlying a state prison or county jail without permission, subject to specified exceptions, is a misdemeanor. Fiscal Impact (as approved May 28, 2015): Non-reimbursable local costs for enforcement and incarceration, offset to a degree by fine revenue for the new misdemeanor. SB 170 (Gaines) Page 1 of ? Background: Existing state law generally prohibits a person from bringing, possessing, distributing, or selling certain devices and substances, including but not limited to alcoholic beverages, controlled substances, and deadly weapons, in state prison or a jail. Existing law also prohibits unauthorized communication with inmates in state prison or a jail. Existing law provides for a range of criminal penalties for violations of these provisions, with felony violations generally punishable by two, three, or four years in county jail or state prison, as specified. This bill seeks to place enhanced penalties for violations of any of the aforementioned provisions that are committed with the use of a drone. Proposed Law: This bill would do the following: Provide that the use of a drone to commit any of enumerated felony violations of bringing contraband into a prison or jail shall be considered a factor in aggravation in sentencing. Provide that a person who uses a drone to commit an infraction or misdemeanor violation of bringing contraband into a prison jail be subject to a doubled fine, as specified. Provide that intentionally operating a drone below the navigable airspace, as defined in federal law, overlying a state prison or county jail without consent, subject to specified exceptions for state prison or county jail personnel, as specified, is a misdemeanor. Related Legislation: SB 271 (Gaines) 2015 would make it an infraction to operate an unmanned aircraft system on or above the grounds of a public school during school hours, as defined, and without the written permission of a specified school official. Prior Legislation: SB 15 (Padilla) 2014 would have clarified the circumstances in which a law enforcement agency would be required to obtain a warrant to use a drone and that a drone could not be used in a manner to invade a person's privacy. This bill failed in the Assembly Committee on Public Safety. SB 170 (Gaines) Page 2 of ? AB 1327 (Gorell) 2014 would have prohibited law enforcement from using a drone without obtaining a search warrant. This bill was vetoed by the Governor with the following message: I am returning Assembly Bill 1327 without my signature. This bill prohibits law enforcement from using a drone without obtaining a search warrant, except in limited circumstances. There are undoubtedly circumstances where a warrant is appropriate. The bill's exceptions, however, appear to be too narrow and could impose requirements beyond what is required by either the 4th Amendment or the privacy provisions in the California Constitution. Staff Comments: By requiring that the use of a drone be considered a factor in aggravation in sentencing for felony violations involving bringing contraband into a prison or jail, this bill could potentially result in a minor increase in costs to state and local agencies for longer sentences served in state prison and county jail. To the extent the use of a drone involving contraband-related offenses could potentially be considered a factor in aggravation in sentencing under existing law, the potential fiscal impact is expected to be minor. The felonies relevant to this measure are generally punishable by imprisonment pursuant to PC §1170(h) for two, three, or four years. DOJ statistics indicate on average over 2,400 convictions annually for contraband-related felonies in state prison and county jail over the last three years. CDCR data indicates nearly 300 admissions to state prison in 2014 for contraband-related felonies. To the extent two cases are impacted due to the provisions of this bill would exceed $50,000 in any one year. Staff notes that bringing contraband into a jail or prison is a crime under existing law. Pursuant to Proposition 30 (2012), legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the cost SB 170 (Gaines) Page 3 of ? increase. Although Proposition 30 specifies that legislation defining a new crime or changing the definition of an existing crime is not subject to this provision, changing the penalty for a crime is not specifically exempted and could potentially require a subvention of funds from the state. While it is not known with certainty, to the extent the added factor in aggravation to be considered in these cases is determined to change the penalty for this crime, any increase in costs to local agencies attributable to provisions of this legislation could potentially require annual funding from the State. The Three-Judge Court has ordered the State to reduce its prison population to 137.5 percent of the prison system's design capacity by February 28, 2016. Pursuant to its February 10, 2014 order, the Court has ordered the CDCR to implement several population reduction measures, prohibited an increase in the population of inmates housed in out-of-state facilities, and indicated the Court will maintain jurisdiction over the State for as long as necessary to ensure that the State's compliance with the 137.5 percent final benchmark is durable, and that such durability is firmly established. Any future increases to the State's prison population challenge the ability of the State to reach and maintain such a "durable solution," and could require the State to pursue one of several options, including contracting-out for additional bed space or releasing current inmates early onto parole. Committee amendments (as adopted May 28, 2015): Delete Section 1 of the bill, which provided for an added factor in aggravation for felony violations of bringing contraband into a prison through the use of a drone and provided for doubled fines. -- END --