BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 525|
|Office of Senate Floor Analyses | |
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VETO
Bill No: SB 525
Author: Padilla (D), et al
Amended: 7/1/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 1/12/10
AYES: Leno, Cedillo, Hancock, Huff, Steinberg, Wright,
Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 36-0, 1/25/10
AYES: Aanestad, Ashburn, Calderon, Cedillo, Cogdill,
Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny,
Dutton, Hancock, Harman, Hollingsworth, Huff, Kehoe,
Leno, Liu, Lowenthal, Negrete McLeod, Oropeza, Padilla,
Pavley, Price, Romero, Runner, Simitian, Steinberg,
Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Alquist, Florez, Maldonado, Vacancy
ASSEMBLY FLOOR : 71-0, 8/5/10 (Consent) - See last page for
vote
SENATE FLOOR : 34-0, 8/9/10
AYES: Aanestad, Alquist, Ashburn, Cedillo, Cogdill,
Corbett, Correa, Denham, DeSaulnier, Ducheny, Dutton,
Emmerson, Florez, Hancock, Harman, Hollingsworth, Huff,
Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,
Pavley, Price, Romero, Runner, Simitian, Steinberg,
Strickland, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Calderon, Oropeza, Walters, Wiggins,
Vacancy, Vacancy
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SB 525
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SUBJECT : Cell phones and wireless communications devices
in prisons
SOURCE : Author
DIGEST : This bill provides that (1) except as
authorized, 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 $5,000 for each such
device; (2) notwithstanding the provisions stated above,
when any person visiting an inmate in the custody of 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, that device shall be
subject to confiscation; and (3) notice of this provision
shall be posted in all areas where visitors are searched
prior to visitation with an inmate in the custody of CDCR.
Assembly Amendments (1) clarify procedure for returning
confiscated phones in #2 above, (2) add co-authors, and (3)
make grammatical corrections.
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
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SB 525
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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)
This bill provides that, except as otherwise authorized by
law, or when authorized by either 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 person who
possesses with the intent to deliver, to an inmate or ward
in the custody of CDCR, any cellular telephone or other
wireless communication device, is guilty of a misdemeanor,
punishable by a fine not to exceed $5,000 for each such
device.
This bill provides that, notwithstanding the provisions
stated above, when a person visiting an inmate in the
custody of 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, that
device shall be subject to confiscation but shall be
returned on the same day the person visits the inmate or
ward, unless the cellular telephone or other wireless
communication device or any component thereof is held as
evidence in a case where the person is cited for a
violation. If upon investigation it is determined that no
prosecution will take place, the cellular telephone or
other wireless communication device or any component
thereof shall be returned to the owner at the owner's
expense. Notice of this provision shall be posted in all
areas where visitors are searched prior to visitation with
an inmate in the custody of CDCR.
Prior Legislation
SB 434 (Benoit), 2009-10 Session, passed the Senate on
5/6/09 with a vote of 35-0. Currently is on suspense in
Assembly Appropriations Committee.
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SB 525
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/5/10)
California Correctional Supervisors Organization
California District Attorneys Association
California Fraternal Order of Police
California State Sheriff's Association
CTIA - The Wireless Association
Long Beach Police Officers Association
Los Angeles County District Attorney
Los Angeles County Professional Peace Officers Association
Peace Officers Research Association of California
San Bernardino County Sheriff
Santa Ana Police Officers Association
ARGUMENTS IN SUPPORT : According to the author's office,
"Cell phones in a prison pose an obvious security threat.
While many inmates might try to gain access to a cell phone
just to communicate with friends or family members, others
could include gang-related activity ranging from drug
dealing to murder. CDCR has provided the following data to
indicate the number of cell phones recovered in state
prisons in the last three years:
----------------------------------------------
|Institution| 2006 | 2007 | 2008 |
| | | | |
|-----------+-----------+-----------+----------|
|ASP | 3 | 34 | 393 |
|-----------+-----------+-----------+----------|
|CAL | 2 | 16 | 103 |
|-----------+-----------+-----------+----------|
|CCC | 4 | 3 | 1 |
|-----------+-----------+-----------+----------|
|CCI | 1 | 2 | -- |
|-----------+-----------+-----------+----------|
|CCWF | 0 | 1 | -- |
|-----------+-----------+-----------+----------|
|CEN | 0 | 2 | 42 |
|-----------+-----------+-----------+----------|
|CIM | 3 | 6 | 26 |
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SB 525
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|-----------+-----------+-----------+----------|
|CIW | 1 | 2 | -- |
|-----------+-----------+-----------+----------|
|CMC | 0 | 10 | 14 |
|-----------+-----------+-----------+----------|
|CMF | 1 | 7 | 28 |
|-----------+-----------+-----------+----------|
|COR | 0 | 5 | -- |
|-----------+-----------+-----------+----------|
|CRC | 5 | 8 | 24 |
|-----------+-----------+-----------+----------|
|CTF | 45 | 130 | 315 |
|-----------+-----------+-----------+----------|
|CVSP | 1 | 47 | 155 |
|-----------+-----------+-----------+----------|
|DVI | 0 | 1 | 5 |
|-----------+-----------+-----------+----------|
|FSP | 0 | 27 | 144 |
|-----------+-----------+-----------+----------|
|HDSP | 1 | 1 | -- |
|-----------+-----------+-----------+----------|
|ISP | 3 | 4 | 173 |
|-----------+-----------+-----------+----------|
|KVSP | 10 | 31 | -- |
|-----------+-----------+-----------+----------|
|LAC | 0 | 1 | 11 |
|-----------+-----------+-----------+----------|
|MCSP | 0 | 0 | 1 |
|-----------+-----------+-----------+----------|
|NKSP | 0 | 2 | 4 |
|-----------+-----------+-----------+----------|
|PBSP | 0 | 2 | 0 |
|-----------+-----------+-----------+----------|
|PVSP | 4 | 5 | 10 |
|-----------+-----------+-----------+----------|
|RJD | 0 | 4 | 27 |
|-----------+-----------+-----------+----------|
|SAC | 29 | 12 | -- |
|-----------+-----------+-----------+----------|
|SATF | 1 | 6 | 31 |
|-----------+-----------+-----------+----------|
|SCC | 20 | 30 | 59 |
|-----------+-----------+-----------+----------|
|SOL | 102 | 553 | 801 |
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|-----------+-----------+-----------+----------|
|SQ | 5 | 9 | 11 |
|-----------+-----------+-----------+----------|
|SVSP | 20 | 31 | -- |
|-----------+-----------+-----------+----------|
|VSPW | 0 | 8 | -- |
|-----------+-----------+-----------+----------|
|WSP | 0 | 2 | -- |
|-----------+-----------+-----------+----------|
|TOTAL | 261 | 992 | |
| | | |2629 |
| | | | |
----------------------------------------------
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 525 without my signature.
Over the last few years, the proliferation of
wireless communication devices in California's
prisons has become one of the most challenging issues
facing the Department of Corrections and
Rehabilitation. As technology has advanced and these
devices have become smaller and more powerful, the
threat these devices pose to employees in
correctional facilities and the public at large has
grown. These devices allow inmates to plan prison
assaults and escapes, harass and intimidate witnesses
and victims, and facilitate other criminal
activities, including directing the activities of
criminal street gangs and authorizing murders.
In response to this serious threat, my Administration
launched programs to conduct random searches at
prisons, established a committee to study cell phone
jamming and detection techniques, and even utilized
trained dogs to aid in uncovering contraband devices.
In 2009, my administration sponsored legislation to
make possession of an unauthorized wireless
communication device in prison a felony.
Unfortunately, the Legislature failed to pass this
commonsense measure.
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Over a year later, the Legislature has passed this
measure, which does not make it a crime for an inmate
to possess a wireless communications device in a
prison. Instead, this measure would only make it a
crime to bring a wireless device into a prison with
the intent to furnish it to an inmate, a crime that
would only be punishable by a $5,000 fine. Although
our prisons continue to face drastic budget cuts and
overcrowding, it is inexcusable to treat the threat
of wireless communications devices in prisons so
lightly. Signing this measure would mean that
smuggling a can of beer into a prison carries with it
a greater punishment than delivering a cell phone to
the leader of a criminal street gang.
I applaud the author for attempting to address this
issue and acknowledge that this may, in fact, be the
strongest measure that will emerge from the
Legislature on this issue. And while signing this
measure might be better than nothing, I cannot sign a
measure that does so little. I urge the Legislature
to pass a measure that will deter the conduct of
persons smuggling wireless communication devices into
prisons with the threat of jail time as well as
punish the inmates who are caught possessing these
devices.
For these reasons, I am unable to sign this bill."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, De La
Torre, De Leon, DeVore, Eng, Evans, Feuer, Fong, Fuentes,
Fuller, Gaines, Galgiani, Garrick, Gatto, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Huber, Huffman,
Jeffries, Jones, Knight, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, Portantino, Ruskin, Salas, Saldana,
Silva, Skinner, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Blakeslee, Davis, Fletcher, Furutani,
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SB 525
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Hill, Lieu, V. Manuel Perez, Smyth, Vacancy
RJG:mw 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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