BILL ANALYSIS
SB 1066
Page 1
SENATE THIRD READING
SB 1066 (Oropeza)
As Amended August 16, 2010
Majority vote
SENATE VOTE :35-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 12-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Bradford, |
| |Gilmore, Hill, | |Huffman, Coto, Davis, De |
| |Portantino, Skinner | |Leon, Gatto, Hall, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Requires that the Department of Corrections and
Rehabilitation (CDCR) to oversee and conduct periodic and random
searches of employees and vendors entering the secure perimeter
of state prisons under CDCR's jurisdiction for contraband.
Specifically, this bill :
1)Mandates that the searches shall include random searches of
property, personal or otherwise, brought into the prison by
those individuals and CDCR shall provide the Inspector General
(IG) with a minimum of three working days' notice prior to the
date of those random searches CDCR plans to conduct.
2)Requires that searches be conducted at each institution at a
minimum of once per month.
3)Provides that CDCR shall, provide a written report to the IG
at least quarterly detailing the following:
a) The names of the prisons where the searches took place;
b) The dates of the searches;
c) The shifts during which the searches took place;
d) The number of employees searched;
e) The number of vendors searched;
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f) The number of cell phones discovered;
g) 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;
h) The tobacco products found; and,
i) Illegal substances found, categorized by type of
substance.
4)Requires that the report to the IG shall 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.
5)Mandates that the IG oversee, at a minimum 11 of the CDCR
searches every year pursuant to the terms of this bill.
6)States that nothing in these provisions shall be interpreted
to allow the IG to direct CDCR regarding when the random
searches shall take place, to allow the IG to direct CDCR
regarding how the random searches shall be carried out, or as
requiring the IG's approval prior to CDCR conducting the
random searches.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, essentially codifies current CDCR practice; new costs
would be limited to searches conducted by the OIG, for which
costs should be absorbable, and a minor absorbable CDCR
reporting requirement.
Current and ongoing costs for random searches would likely be in
the $250,000 range. In addition, there could be unknown, but
potentially significant, annual General Fund costs for overtime
to the extent random searches back up staff entry into the
prison and require staff to stay on post longer than scheduled.
For example, if 400 staff per prison were delayed by an average
of 10 minutes, 12 times per year, at 33 prisons, the resulting
overtime could cost the state close to $1 million per year.
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COMMENTS : 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%. Reports have inmates paying $500 to $1,500 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.
"A recent KCRA 3 report quoted Avenal spokesman saying inmates
with cell phones 'can order hits. They can organize escapes.'
An Associated Press story discusses how Mexican drug traffickers
call prisons gangs in the United States via cell phones when
they 'need someone killed or kidnapped or drugs distributed in
the United States.'
"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 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
50 cell phones, labeled with the inmates' names, were found.
Since November 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 oversee a sample size of the searches
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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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0005997