BILL ANALYSIS
SB 525
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Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 525 (Padilla) - As Amended: March 8, 2010
Policy Committee: Public
SafetyVote: 5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill creates a misdemeanor, punishable by a fine not to
exceed $5,000 per device, for possession of a cell phone or
wireless communication device or component with the intent to
deliver that item to a Department of Corrections and
Rehabilitation (CDCR) inmate or ward.
This bill further provides that if a person visiting an inmate
or ward, upon being searched or subjected to a metal detector,
is found in possession of a cell phone or other wireless
communication device or component, that device shall be subject
to confiscation. Notice of this provision must be posted in all
areas where visitors are searched prior to visitation.
FISCAL EFFECT
Negligible state and nonreimbursable local law enforcement
costs, more than offset by potential fine revenue.
COMMENTS
1)Rationale. The author contends that because there is no
criminal penalty for smuggling cell phones into prison, the
practice continues to increase. According to the author, "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.
SB 525
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"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,
"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."
To eradicate cell phone usage, the OIG recommendations include
the following:
a) Continue efforts to seek statutory changes to make the
possession of cell phones in correctional facilities a
criminal offense.
b) Collaborate with state and federal agencies to lobby the
Federal Communications Commission (FCC) for an exemption in
using cell phone jamming devices.
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c) Request resources to conduct airport-style screening
including metal and canine detection, and manual searches
of persons entering California prison facilities
d) Restrict the size of carrying cases being brought into
secure areas of prisons by all persons.
e) Require quarterly contract vendor packages be shipped
directly to prisons and correctional camps.
3)Supporters , primarily law enforcement, cite the need for
additional deterrence.
4)Opposition . The Friends Committee on Legislation (FCL)
contends this bill will prove ineffective as most cell devices
are smuggled into prisons by staff, who are not required to
pass through metal detectors. The FCL suggests a more
effective way to deal with the cell phone issue is contained
in SB 1066 (Oropeza), which would require random searches of
all employees and vendors entering state prisons under the
jurisdiction of the CDCR for contraband, as specified, which
includes cell phones and related devices. SB 1066 recently
passed Assembly Public Safety and will be heard by this
committee in July or August.
5)Prior legislation , SB 434 (Benoit, 2009), in addition to
authorizing confiscation of an unauthorized cell phone or
wireless device, would have made 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
component, or for any person to possess with intent to deliver
the device to an inmate or ward. SB 434 was held on the
Suspense File of this committee due to the multi-million
dollar cost of increased state prison time.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081