BILL ANALYSIS
SB 434
Page 1
Date of Hearing: July 1, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 434 (Benoit) - As Amended: June 23, 2009
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Makes it a misdemeanor, punishable by a fine of up to $5,000
and/or or by a loss of up to two months in sentence credits
for an inmate or ward to possess a cell phone or other
wireless communication device, or any component thereof, or
for any person to possess with intent to deliver the device to
an inmate or ward.
2)Provides that any person visiting an inmate or ward, who
possesses a cell phone or other wireless communication device,
may be required to forfeit the device. Notice of this
provision must be posted in all areas where visitors are
searched prior to visitation with an inmate in the custody of
the Department of Corrections and Rehabilitation (CDCR).
FISCAL EFFECT
1)Unknown annual costs, potentially in excess of $3 million for
increased state incarceration.
Penal Code Sec 2932 provides that up to 90 days of sentence
credit may be forfeited for a single act that could be
prosecuted as a misdemeanor, regardless of whether prosecution
ensues. Up to 30 days of sentence credit may be forfeited for
a single disciplinary offense as defined by CDCR. According to
the Office of the Inspector General, in 2006, correctional
officers seized 261 cell phones. In 2008, this figure
increased to about 2,800 cell phones. Many of these phones
were taken from staff and visitors; others were discovered on
SB 434
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the grounds. To date in 2009, for example, about 30% of the
2,400 phones seized were from inmates. If this trend
continues, and 5,000 phones are confiscated in 2009, 30% are
seized from inmates, and half of those offenses result in an
additional two months in prison, the annualized GF cost would
be about $3 million, based on overcrowding costs.
According to CDCR, however, because these forfeited credits
may be restored within a year, assuming the inmate is
disciplinary free, the cost would be minimal. This contention,
however, raises concerns as to the deterrence value of
forfeited credits when inmates know the credits will be soon
be restored.
2)Unknown state and local revenue increase, potentially in
excess of $1 million, from the revenues.
COMMENTS
1)Rationale . The author and proponents, including CDCR, contend
that absent a specific penalty to serve as a disincentive to a
thriving cell phone black market in state prison, staff,
visitors and inmates will continue to smuggle and possess
contraband phones.
According to the author, "Currently, there is no specific
penalty against prisoners or their criminal syndicate that
work to smuggle cell phones into prisons?.
"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."
2)Office of the Inspector General (OIG) Report . In May 2009,
the OIG published a report, "Inmate Cell Phone Use Endangers
Prison Security and Public Safety." According to the report,
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"During 2006, correctional officers seized approximately 261
cell phones in the state's prisons and camps. However, by
2008, that number increased ten-fold to 2,811 with no end in
sight. Inmates' access to cell phone technology facilitates
their ability to communicate amongst themselves and their
associates outside of prison to plan prison assaults, plot
prison escapes, and orchestrate a myriad of other illegal
activity.
"In addition, these devices can provide an inmate unrestricted
and unmonitored access to the Internet, whereby they can
communicate with unsuspecting victims, including minors.
According to the Department, inmates are paying those involved
in smuggling cell phones into California prisons between $500
and $1,000 per phone. There are currently no criminal
consequences for the introduction or possession of cell phones
in prison, making this activity merely an administrative
violation."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081