BILL ANALYSIS
SB 525
Page 1
Date of Hearing: March 2, 2010
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 525 (Padilla) - As Amended: February 10, 2010
SUMMARY : Creates a misdemeanor for the possession of a cellular
telephone device or wireless communication device with the
intent to deliver that device to an inmate or ward in the
custody of the California Department of Corrections and
Rehabilitation (CDCR). Specifically, this bill :
1)States that except as otherwise specified, or when authorized
by the person in charge of the prison or other institution
under the jurisdiction of the CDCR or by an officer of the
institution empowered to give that authorization, any person
who possesses with the intent to deliver, or delivers, to an
inmate or ward in CDCR's custody 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 a fine not to exceed $5,000 for
each device.
2)Provides that if a person visiting an inmate or ward in CDCR's
custody, 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. Notice of this language shall be posted in all
areas where visitors are searched prior to visitation with an
inmate or ward in the custody of the CDCR.
EXISTING LAW :
1)Authorizes the sheriff in each county to establish, maintain
and operate a store in connection with the county jail and for
this purpose may purchase confectionery, tobacco and tobacco
users' supplies, postage and writing materials, and toilet
articles and supplies and to sell these goods, articles, and
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supplies for cash to inmates in the jail. Any profit shall be
deposited in an inmate welfare fund to be kept in the treasury
of the county, as well as 10% of all gross sales of inmate
hobby craft and inmate phone revenues. Any funds that are not
needed for the welfare of the inmates may be expended for the
maintenance of county jail facilities. Maintenance of county
jail facilities may include, but is not limited to, the salary
and benefits of personnel used in the programs to benefit the
inmates, including, but not limited to, education, drug and
alcohol treatment, welfare, library, accounting, and other
programs deemed appropriate by the sheriff. An itemized
report of these expenditures shall be submitted annually to
the board of supervisors. [Penal Code Section 4025.]
2)States that any person who knowingly brings into any state
prison or other institution under the jurisdiction of CDCR, or
into any prison camp, prison farm, or any other place where
prisoners or inmates of these institutions are located under
the custody of prison or institution officials, officers, or
employees, or into any county, city and county, or city jail,
road camp, farm or any other institution or place where
prisoners or inmates are being held under the custody of any
sheriff, chief of police, peace officer, probation officer, or
employees, or within the grounds belonging to any institution
or place, any alcoholic beverage, any drugs, other than
controlled substances, in any manner, shape, form, dispenser,
or container, or any device, contrivance, instrument, or
paraphernalia intended to be used for unlawfully injecting or
consuming any drug other than controlled substances, without
having authority so to do by the rules of CDCR, the rules of
the prison, institution, camp, farm, place, or jail, or by the
specific authorization of the warden, superintendent, jailer,
or other person in charge of the prison, jail, institution,
camp, farm, or place, is guilty of a felony. [Penal Code
Section 4573.5.]
3)States any person in a local correctional facility who
possesses a wireless communication device, including, but not
limited to, a cellular telephone, pager, or wireless Internet
device, who is not authorized to possess that item is guilty
of a misdemeanor, punishable by a fine of not more than
$1,000. [Penal Code Section 4575(a).]
4)Provides any person housed in a local correctional facility
who possesses any tobacco products in any form, including
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snuff products, smoking paraphernalia, any device that is
intended to be used for ingesting or consuming tobacco, or any
container or dispenser used for any of those products, is
guilty of an infraction, punishable by a fine not exceeding
$250. Money collected pursuant to this section shall be
placed into the inmate welfare fund, as specified. [Penal
Code Section 4575(b) and (c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Currently,
there is no specific penalty against persons that smuggle cell
phones into prisons. Over the past several years, more and
more cell phones have been found in California prisons. In
2009 alone, there were over 6,995 cell phones confiscated from
state prisoners. Inmates smuggle these into prison or coax
others to sneak the phones in for them when they came 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, 2007) makes it a misdemeanor, with a fine
of less than $1,000, for the unauthorized possession of a cell
phone in county jail only. SB 525 would remedy this
deficiency in state law by making it a misdemeanor, with a
maximum $5,000 fine, for any individual to attempt to smuggle
a cell phone into a state prison."
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". The report stated,
"According to numerous California Department of Corrections
and Rehabilitation (Department) officials, the possession of
cell phones and electronic communication devices by
California's inmates is one of the most significant problems
facing the Department today.
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"Therefore, in February 2009, the Office of the Inspector
General (OIG) began a review into the proliferation of
contraband cell phones in California prisons and how their use
puts Department staff, inmates, and the general public at
risk. 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.
"Furthermore, current security entrance procedures provide ample
opportunities for staff and visitors to bring contraband into
prison facilities without fear of discovery. Therefore, the
introduction of cell phones into state prisons is a low-risk,
high-reward endeavor. In addition to staff, other conduits
for smuggling cell phones include visitors, outside
accomplices, minimum support facility inmates working outside
perimeter fences, and contracted employees. In an effort to
combat this growing threat, the Department is supporting
legislation making it a crime to introduce or possess cell
phones in California's prisons. Unfortunately, previous
efforts to pass similar legislation have failed. In addition,
technology that detects or jams cell phone signals is
commercially available but potentially expensive and would
require federal authorization to place into use. Other
detection methods that have been used or are now in sporadic
use, such as hands-on searches, metal detectors, and x-ray
equipment, are more labor intensive and would require an
increase in staffing and funding."
The OIG made several recommendations in its report to ameliorate
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the harm caused by the proliferation of cell phones in prisons
and found, "The dramatic rise in cell phones confiscated by
CDCR staff is a clear indicator that the current methods used
to interdict the introduction of cell phones are ineffective.
"To truly eradicate cell phone usage, the Office of the
Inspector General recommends that the Secretary of the
Department take the following actions: continue efforts to
seek legislative change to make the introduction or possession
of cell phones in all correctional facilities a criminal
offense; collaborate with other state and federal correctional
agencies to lobby the Federal Communications Commission (FCC)
for an exemption in using cell phone jamming devices; request
additional funds to purchase cell phone detection solutions
and jamming devices (if subsequently approved by the FCC);
request resources and funds to conduct airport-style screening
including metal and canine detection, and, when necessary,
manual searches of persons entering California prison
facilities; restrict the size of all carrying cases being
brought into the secure areas of prisons by all persons
including backpacks, briefcases, purses, ice chests, lunch
boxes, file boxes, etc., so that they may be x-rayed; require
staff and visitors to place all personal items in see-through
plastic containers; request additional resources and funds to
increase detection activities similar to 'Operation
Disconnect;' ensure all quarterly contract vendor packages be
shipped directly to prisons and correctional camps; and
implement an anonymous cell phone smuggling reporting system
for employees and inmates."
3)Arguments in Support : According to the Peace Officers
Research Association of California , "This bill would make it a
misdemeanor to possess or smuggle a wireless communication
device in a prison, punishable by a fine up to $5000 for each
device. Possessing cellular phones in prison is a safety
hazard for those working in the prisons, as well as other
inmates. It has been found that these devices enable inmates
in one prison to talk with inmates in another prison, as well
as those outside prison. These currently no criminal
consequences for those who smuggle these devices into the
prisons. SB 525 would be a great deterrent to those who might
otherwise feel they will be punished for bringing a cell phone
into a prison or possessing one while in prison.
4)Arguments in Opposition : According the Friends Committee on
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Legislation , "As an organization that advocates on behalf of
families of the incarcerated, we fully understand the threat
of cell phones in correctional institutions pose to employees
and prisoners and applaud reasonable efforts to reduce their
frequency. To our knowledge, there has never been a
documented instance of a visitor successfully smuggling a cell
phone into a California prison. Visitors must pass through
metal detectors that are so sensitive that female visitors
cannot wear under-wire bras. If a visitor is found to have a
cell phone in their possession, they are typically asked to
return the cell phone to their car, to leave the cell phone at
the Friends Outside facility, or to store the cell phone in
lockers provide in the visitor processing center. In each
instance, visitors are required to pass through medal
detectors again.
"In sum, we question the necessity of confiscating cell phones
from visitors who inadvertently has a cell phone in their
possession when the current practices are functioning
extremely well. While this may seem trivial, many families of
the incarcerated are of limited economic means and find the
cost of visiting their loved ones in prison prohibitive. Many
drive very long distances from our state's population centers
to prisons located in remote areas. The loss of a cell phone
affects them disproportionately, especially as more people are
giving up traditional land lines. On the other hand, the
Department of Corrections and Rehabilitation has publicly
acknowledged numerous documented incidences of staff
distributing cell phones to prisoners. To the detriment of
the safety of correctional institutions, employees are not
required to pass through metal detectors.
"We understand the state's fiscal problems make the cost if
additional metal detectors prohibitive; therefore, the
Legislature should explore other means of reducing the number
of cell phones in prison. For example, SB 1066 (Orapeza)
requires unannounced, random searches of employees entering
correctional facilities. While SB 525 criminalizes behavior,
it does not provide added security because it does not include
means for detecting wireless communication devices delivered
by employees.
5)Related Legislation : SB 434 (Benoit) states any inmate or
ward who possesses any cellular telephone or other wireless
communication device, or any component thereof, including, but
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not limited to, SIM cards and memory storage devices, or any
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 component,
including, but not limited to, SIM cards and memory storage
devices, is guilty of a misdemeanor, punishable by a fine not
to exceed $5,000. SB 434 was held on the Assembly Committee
on Appropriations' Suspense File. However, SB 434 does not
create a penalty for inmates but rather the person who brings
a telephone or wireless device into a correctional institution
with the intent to deliver it to an inmate.
6)Prior Legislation :
a) SB 655 (Margett), Chapter 655, Statutes of 2008,
prohibited possession or use of tobacco products and
wireless communication devices by inmates under the
jurisdiction of CDCR.
b) AB 1267 (Leslie), of the 2005-06 Legislative Session,
would have provided that the unauthorized possession of a
wireless communication device, as specified, by a prisoner
in a state prison or county jail would be a misdemeanor.
AB 1267 was held on the Assembly Committee on
Appropriations' Suspense File.
REGISTERED SUPPORT / OPPOSITION :
Support
California Correctional Supervisors Organization
California State Sheriffs' Association
Police Officers Research Association of California
San Bernardino County Sheriffs Department
Opposition
Friends Committee on Legislation
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744