BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 434|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 434
Author: Benoit (R), et al
Amended: 4/22/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Cell phones and wireless communications devices
in prison
SOURCE : California Department of Corrections and
Rehabilitation
DIGEST : The purpose of this bill is to provide that,
except as authorized, (1) any inmate or ward who possesses
any cellular telephone or other wireless communication
device or (2) any person, except as provided, who possesses
with the intent to deliver, or delivers, to an inmate or
ward in the custody of the Department of Corrections and
Rehabilitation (CDCR), any cellular telephone or other
wireless communication device, is guilty of a misdemeanor,
punishable by a fine not to exceed $5000; (3)
notwithstanding the provisions stated above, when any
person visiting an inmate in the custody of the CDCR who,
upon being searched or subjected to a metal detector, is
found to be in possession of a cellular telephone or other
CONTINUED
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wireless communication device, that device shall be subject
to confiscation; and (4) notice of this provision shall be
posted in all areas where visitors are searched prior to
visitation with an inmate in the custody of the CDCR.
ANALYSIS :
Existing law provides the conditions under which inmates in
state prisons may make telephone calls. CDCR is required
to provide inmate telephones for use by general population
inmates. Inmates may place collect telephone calls to
persons outside the facility at designated times and on
designated telephones, as set forth in local procedures.
Limitations may be placed on the frequency and length of
such calls based on the inmate's privilege group as
specified, and to ensure equal access. (15 Cal. Code of
Regs. Section 3282(b).)
Existing law provides that inmates may possess only the
personal property, materials, supplies, items, commodities
and substances, up to the maximum amount, received or
obtained from authorized sources, as permitted in these
regulations. Possession of contraband as defined in
Section 3000 may result in disciplinary action and
confiscation of the contraband. (15 Cal. Code of Regs.
Section 3006.)
Existing law defines "contraband" in a prison as "anything
which is not permitted, in excess of the maximum quantity
permitted, or received or obtained from an unauthorized
source." (15 Cal. Code of Regs. Section 3000.)
Existing law provides that, for every six months of
full-time performance in a credit qualifying program, as
designated by the director, a prisoner shall be awarded
worktime credit reductions from his/her term of confinement
of six months. (Penal Code Section 2933 (a).)
Existing law states that worktime credit is a privilege,
not a right. Worktime credit must be earned and may be
forfeited, as specified. (Penal Code Section 2933 (b).)
Existing law provides that, under regulations adopted by
the CDCR, which shall require a period of not more than one
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year free of disciplinary infractions, worktime credit
which has been previously forfeited may be restored by the
director. The regulations shall provide for separate
classifications of serious disciplinary infractions as they
relate to restoration of credits, the time period required
before forfeited credits or a portion thereof may be
restored, and the percentage of forfeited credits that may
be restored for these time periods. (Penal Code Section
2933 (b).)
Existing law provides, for credits forfeited for commission
of specified felonies, CDCR may provide that up to 180 days
of lost credit shall not be restored and up to 90 days of
credit shall not be restored for a forfeiture resulting
from conspiracy or attempts to commit one of those acts.
No credits may be restored if they were forfeited for a
serious disciplinary infraction in which the victim died or
was permanently disabled. (Penal Code Section 2933 (c).)
Existing law provides that, upon application of the
prisoner and following completion of the required time
period free of disciplinary offenses, forfeited credits
eligible for restoration under the regulations for
disciplinary offenses other than serious disciplinary
infractions punishable by a credit loss of more than 90
days shall be restored unless, at a hearing, it is found
that the prisoner refused to accept or failed to perform in
a credit qualifying assignment, or extraordinary
circumstances are present that require that credits not be
restored. "Extraordinary circumstances" shall be defined
in the regulations adopted by the director. However, in
any case in which worktime credit was forfeited for a
serious disciplinary infraction punishable by a credit loss
of more than 90 days, restoration of credit shall be at the
discretion of the director. (Penal Code Section 2933 (c).)
Existing law provides that, notwithstanding any other law,
any person who is convicted of a serious felony, as
defined, shall accrue no more than 15 percent of worktime
credit. (Penal Code Section 2933.1 (a).)
Existing law provides that up to 180 days of credit may be
denied or lost for a single act of misconduct, except for
specified violent felonies, which could be prosecuted as a
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felony whether or not prosecution is undertaken. (Penal
Code Section 2932 (a)(2).)
Existing law provides that up to 90 days of credit may be
denied or lost for a single act of misconduct which could
be prosecuted as a misdemeanor, whether or not prosecution
is undertaken. (Penal Code Section 2932 (a)(3).)
Existing law provides that up to 30 days of credit may be
denied or lost for a single act of misconduct defined by
regulation as a serious disciplinary offense by the CDCR.
Any person confined due to a change in custodial
classification following the commission of any serious
disciplinary infraction shall, in addition to any loss of
time credits, be ineligible to receive participation or
worktime credit for a period not to exceed the number of
days of credit which have been lost for the act of
misconduct or 180 days, whichever is less. (Penal Code
Section 2932 (a)(4).)
Existing law provides that any procedure not provided for
by this section, but necessary to carry out the purposes of
this section, shall be those procedures provided for by the
CDCR for serious disciplinary infractions if those
procedures are not in conflict with this section. (Penal
Code Section 2932 (c).)
This bill provides that, except as otherwise authorized by
law, or when authorized by the person in charge of the
prison or other institution subject to this section, or by
an officer of the institution empowered to give that
authorization, except as noted below, any inmate or ward
who possesses any cellular telephone or other wireless
communication device or any 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, is guilty of a misdemeanor,
punishable by a fine not to exceed $5000.
This bill provides that, notwithstanding the provisions
stated above, when any person visiting an inmate in the
custody of the CDCR who, upon being searched or subjected
to a metal detector, is found to be in possession of a
cellular telephone or other wireless communication device,
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that device shall be subject to confiscation. Notice of
this provision shall be posted in all areas where visitors
are searched prior to visitation with an inmate in the
custody of the CDCR.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/24/09)
California Department of Corrections and Rehabilitation
(source)
Association of California Cities Allied with Prison
California Correctional Peace Officers Association
California Correctional Supervisors Organization
California District Attorneys Association
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author's office,
currently, there is no specific penalty against prisoners,
or their criminal syndicate that work to smuggle cell
phones into prisons. Over the past several years more and
more cell phones have been found in California prisons. In
2008 alone, there were over 2800 cell phones confiscated
from State prisoners. Inmates smuggle these into prison or
coax others to sneak the phones in for them when they come
to visit.
With cell phones in their possession, prisoners can utilize
them to call in crimes, plan escapes, organize riots, or
simply communicate with other prisoners with cell phones.
Smuggled cell phones empower dangerous gangs, including
organized criminal networks, which are deeply rooted in our
prison system. With such a strong increase in violent
crimes committed over the past few months, it is important
to ensure that our prisons are free of cell phones which
can be used to call in kidnappings, thefts, and mass
murders.
Current law (SB 655 [Margett], Chapter 655, Statutes of
2007) makes it a misdemeanor, with a fine of less than
$1000, for the unauthorized possession of a cell phone in
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county jail only.
This bill remedies this deficiency in state law by making
it a misdemeanor, with a maximum $5000 fine, for a prisoner
to possess a cell phone in any state prison. Furthermore,
this bill makes it a misdemeanor for any individual to
attempt to smuggle a cell phone into a state prison.
RJG:do 4/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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