BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1066|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1066
Author: Oropeza (D), et al
Amended: 5/24/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/6/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/27/10
AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Cox
SUBJECT : Corrections: contraband: cell phones
SOURCE : Author
DIGEST : This bill requires the Department of Corrections
and Rehabilitation (CDCR) to oversee and conduct periodic
and random searches of all employees and vendors entering
state prisons under the jurisdiction of the CDCR for
contraband, as specified. This bill requires CDCR, in
consultation with the Inspector General, to provide a
written report to the Legislature quarterly regarding the
results of the searches, as specified. This bill also
requires the Office of the Inspector General to oversee at
least one search per year for each adult institution by
CDCR and to ensure the integrity of the process and of the
searches, and the accuracy of the reports submitted.
CONTINUED
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ANALYSIS : 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 California Code of Regulations
[CCR] Section 3000) Possession of a cellular telephone or
any other electronic communications device by an inmate is
specifically prohibited. (15 CCR Section 3000(c)(19))
Existing law creates the office of the Inspector General
and requires the Inspector General to review departmental
policy and procedures, conduct audits of investigatory
practices and other audits, be responsible for
contemporaneous oversight of internal affairs
investigations and the disciplinary process, and conduct
investigations of CDCR, as requested by either the
Secretary of CDCR or a Member of the Legislature, pursuant
to the approval of the Inspector General under policies to
be developed by the Inspector General. The Inspector
General may, under policies developed by the Inspector
General, initiate an investigation or an audit on his or
her own accord. (Section 6126(a)(1) of the Penal Code)
Specifics of SB 1066
This bill requires CDCR to oversee and conduct periodic and
random searches of all employees and vendors entering all
of the state prisons under the jurisdiction of the
department for contraband. These searches would be
required to include random searches of all property,
personal or otherwise, brought into the prison by those
individuals. This bill requires CDCR to provide the
Inspector General with a minimum of five working days
notice prior to the date of those random searches CDCR
plans to conduct.
This bill requires CDCR to, in consultation with the
Inspector General, provide a written report to the
Legislature quarterly detailing the following:
1. The names of the prisons where the searches took place.
2. The dates of the searches.
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3. The shifts during which the searches took place.
4. The number of employees searched.
5. The number of employees scheduled to work on those
shifts.
6. The number of vendors searched.
7. The number of vendors scheduled to arrive during those
shifts.
8. The number of cell phones discovered.
9. The number of items of portable computer equipment
found, including, but not limited to, iPods, MP3
players, DVD players, CD players, CDs, and portable
video game players.
10.Tobacco products found, including lighters and matches.
11.Illegal substances found, broken out by type of
substance.
This bill requires the report to also contain a general
comment section for use by the Inspector General and the
department to discuss the issues they find relevant to the
searches and to include a section detailing the actions
taken as a result of the discovery of contraband possessed
by an employee or vendor and the results of any
disciplinary process resulting from the discovery of
contraband.
The report is to be submitted in accordance with specified
requirements of the Government Code.
This bill requires the Inspector General to oversee, at a
minimum, CDCR's search of one staff shift per year at each
adult institution, in order to ensure the integrity of the
process and of the searches, and the accuracy of the
reports submitted pursuant to the above provision. This
bill specifies that these provisions are not to be
interpreted to allow the inspector General to direct CDCR
regarding when the random searches shall take place, to
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allow the Inspector General to direct CDCR regarding how
the random searches shall be carried out, or as requiring
the Inspector General's approval prior to CDCR conducting
the random searches.
The Problem of Cell Phones in Prison
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, other
uses 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 four years:
---------------------
|Insti|200|200|200|200|
|tutio| 6 | 7 | 8 | 9 |
|n | | | | |
|-----+---+---+---+---|
|SP |3 |34 |393|939|
| | | | | |
|-----+---+---+---+---|
|CAL |2 |16 |103|563|
| | | | | |
|-----+---+---+---+---|
|CCC |4 |3 |1 |29 |
|-----+---+---+---+---|
|CCI |1 |2 |- |10 |
|-----+---+---+---+---|
|CCWF |0 |1 |- |1 |
|-----+---+---+---+---|
|CEN |0 |2 |42 |251|
| | | | | |
|-----+---+---+---+---|
|CIM |3 |6 |26 |208|
| | | | | |
|-----+---+---+---+---|
|CIW |1 |2 |- |10 |
|-----+---+---+---+---|
|CMC |0 |10 |14 |96 |
|-----+---+---+---+---|
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|CMF |1 |7 |28 |54 |
|-----+---+---+---+---|
|COR |0 |5 |- |81 |
|-----+---+---+---+---|
|CRC |5 |8 |124|741|
| | | | | |
|-----+---+---+---+---|
|CTF |45 |130|315|458|
| | | | | |
|-----+---+---+---+---|
|CVSP |1 |47 |155|263|
| | | | | |
|-----+---+---+---+---|
|DVI |0 |1 |5 |42 |
|-----+---+---+---+---|
|FSP |0 |17 |144|247|
| | | | | |
|-----+---+---+---+---|
|HDSP |1 |1 |- |6 |
|-----+---+---+---+---|
|ISP |3 |4 |173|238|
| | | | | |
|-----+---+---+---+---|
|Insti|200|200|200|200|
|tutio| 6 | 7 | 8 | 9 |
|n | | | | |
|-----+---+---+---+---|
|KVSP |10 |31 |- |243|
| | | | | |
|-----+---+---+---+---|
|LAC |0 |1 |11 |95 |
|-----+---+---+---+---|
|MCSP |0 |0 |1 |35 |
|-----+---+---+---+---|
|NKSP |0 |2 |4 |10 |
|-----+---+---+---+---|
|PBSP |0 |2 |0 |3 |
|-----+---+---+---+---|
|PVSP |4 |5 |10 |58 |
|-----+---+---+---+---|
|RJD |0 |4 |27 |104|
| | | | | |
|-----+---+---+---+---|
|SAC |29 |12 |- |142|
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| | | | | |
|-----+---+---+---+---|
|SATF |1 |6 |31 |59 |
|-----+---+---+---+---|
|SCC |20 |30 |59 |189|
| | | | | |
|-----+---+---+---+---|
|SOL |102|553|801|593|
| | | | | |
|-----+---+---+---+---|
|SQ |5 |9 |11 |42 |
|-----+---+---+---+---|
|SVSP |20 |31 |- |174|
| | | | | |
|-----+---+---+---+---|
|VSPW |0 |8 |- |14 |
|-----+---+---+---+---|
|WSP |0 |2 |0 |20 |
|-----+---+---+---+---|
|CCFA | | | |228|
| | | | | |
|-----+---+---+---+---|
|COCF | | | |186|
| | | | | |
|-----+---+---+---+---|
|Total|261|992|2,6|6,9|
| | | |29 |95 |
| | | | | |
---------------------
Comments
According to the Senate Public Safety Committee analysis:
"In recognition of the fact that smuggling cell phones to
inmates has become a lucrative endeavor for some CDCR
employees and contractors, SB 525(Padilla) follows the path
taken by SB 434 (Benoit) last year in creating a new
misdemeanor for possession of a cell phone in a prison with
the intent to deliver it to an inmate. This new offense
would carry a penalty of a fine of up to $5,000 per phone.
SB 525 ? is currently pending in the Assembly Public Safety
Committee. The approach taken in SB 525 and the approach
taken in this bill appear to be complimentary in that the
misdemeanor penalties that would be applicable pursuant to
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SB 525 depend on the cell phones being discovered. This
bill, by requiring CDCR to conduct random searches of its
employees, would appear to provide the mechanism to make
those discoveries."
Prior/Related Legislation
SB 525 (Padilla), 2009-10 Session, passed the Senate on
January 25, 2010 with a vote of 36-0 and is currently in
the Assembly Public Safety Committee.
SB 434 (Benoit), 2009-10 Session, passed the Senate on May
6, 2009 with a vote of 35-0 (consent) but died on suspense
in the Assembly Appropriations Committee.
SB 1730 (Padilla), 2007-08 Session, died on suspense in the
Senate Appropriations Committee.
SB 1267 (Leslie), 2005-06 Session, died on suspense in the
Senate Appropriations Committee.
SB 1831 (Margett), 2005-06 Session, died in the Senate
Public Safety
Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
OIG oversight $26 $52 $52 General
CDCR quarterly reports $20 $12
$20General
SUPPORT : (Verified 5/27/10)
Life Support Alliance
Taxpayers for Improving Public Safety
The Friends Committee on Legislation of California
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ARGUMENTS IN SUPPORT : According to the author:
"The number of cell phones confiscated in prison in 2006
was 261. Last year, 6,995 cell phones were confiscated.
That constitutes an increase of 2,580 percent. Reports
have inmates paying $500 to $1,000 per phone.
"The California Senate Rules Committee for the last
several years has focused on cell phones entering prisons
during the confirmation hearings of CDCR officials.
"In May of 2009, the Office of the Inspector General
(OIG) sent a special report entitled 'Inmate Cell Phone
Use Endangers Prison Security and Public Safety' to CDCR
Secretary Matthew Cate. Among other things the report
found, '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 activities. In
addition, these devices can provide an inmate
unrestricted and unmonitored access to the Internet,
whereby they can communicate with unsuspecting victims,
including minors.'
"The report also found that, 'In addition to staff, other
conduits for smuggling cell phones include visitor,
outside accomplices, minimum support facility inmates
working outside perimeter fences, and contracted
employees.'
"In July of 2008 CDCR's Department of Internal Affairs
conducted surprise screenings for two days called
'Project Disconnect.' During these searches, one
employee's vehicle was searched and fifty cell phones,
labeled with the inmates' names, were found. Since
November of 2009, CDCR has continued the random once a
month searches of employees entering every prison in
California with 'Operation Disconnect.'
"SB 1066 codifies the activities of 'Operation
Disconnect' into law and includes vendors as those
subject to the search. SB 1066 requires the OIG to
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oversee the searches to ensure the integrity of the
process. Finally, SB 1066 requires that CDCR and the OIG
submit a report to the Legislature detailing the finding
of the searches as well as a general comment section."
RJG:mw 5/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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