BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1066|
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VETO
Bill No: SB 1066
Author: Oropeza (D), et al
Amended: 8/16/10
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
SENATE FLOOR : 35-0, 6/2/10 (Consent)
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,
Ducheny, Dutton, Florez, Hancock, Hollingsworth, Huff,
Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,
Pavley, Price, Romero, Runner, Simitian, Steinberg,
Strickland, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Harman, Oropeza, Wiggins, Vacancy,
Vacancy
ASSEMBLY FLOOR : 74-0, 8/23/10 - See last page for vote
SENATE FLOOR : 35-0, 8/25/10
AYES: Aanestad, Alquist, Ashburn, Blakeslee, Calderon,
Cedillo, Cogdill, Corbett, Correa, Denham, DeSaulnier,
Ducheny, Dutton, Emmerson, Florez, Hancock, Huff, Kehoe,
Leno, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley,
Price, Romero, Runner, Simitian, Steinberg, Strickland,
CONTINUED
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Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Harman, Hollingsworth, Oropeza, Wiggins,
Vacancy
SUBJECT : Corrections: Inspector General
SOURCE : Author
DIGEST : This bill requires that the Department of
Corrections and Rehabilitation (CDCR) oversee and conduct
periodic and random searches of employees and vendors
entering the secure perimeter of state prisons under CDCR's
jurisdiction for contraband.
Assembly Amendments (1) require searches be conducted at
each institution at least once per month, (2) require the
Inspector General to oversee at least 11 of the searches,
and (3) specify what is to be included in the report.
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)
This bill requires the CDCR to oversee and conduct periodic
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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 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 Inspector General at least quarterly detailing the
following:
The names of the prisons where the searches took
place.
The dates of the searches.
The shifts during which the searches took place.
The number of employees searched.
The number of vendors searched.
The number of cell phones discovered.
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.
The tobacco products found.
Illegal substances found, categorized by type of
substance.
4. Requires that the report to the Inspector General 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 Inspector General oversee, at a
minimum of 11 of the CDCR searches every year pursuant
to the terms of this bill.
6. States that nothing in these provisions shall be
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interpreted to allow the Inspector General to direct
CDCR regarding when the random searches shall take
place, to 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:
-------------------------------------------------------------------------------------------------------------
|Instituti|2006 |2007 |2008 |2009 | |Instituti|2006 |2007 |2008 |2009 |
|on | | | | | |on | | | | |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CAL |2 |16 |103 |563 | |ISP |3 |4 |173 |238 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CCC |4 |3 |1 |29 | |KVSP |10 |31 |- |243 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CCFA | | | |228 | |LAC |0 |1 |11 |95 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CCI |1 |2 |- |10 | |MCSP |0 |0 |1 |35 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CCWF |0 |1 |- |1 | |NKSP |0 |2 |4 |10 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CEN |0 |2 |42 |251 | |PBSP |0 |2 |0 |3 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CIM |3 |6 |26 |208 | |PVSP |4 |5 |10 |58 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CIW |1 |2 |- |10 | |RJD |0 |4 |27 |104 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CMC |0 |10 |14 |96 | |SAC |29 |12 |- |142 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CMF |1 |7 |28 |54 | |SATF |1 |6 |31 |59 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|COCF | | | |186 | |SCC |20 |30 |59 |189 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
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|COR |0 |5 |- |81 | |SOL |102 |553 |801 |593 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CRC |5 |8 |124 |741 | |SP |3 |34 |393 |939 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CTF |45 |130 |315 |458 | |SQ |5 |9 |11 |42 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|CVSP |1 |47 |155 |263 | |SVSP |20 |31 |- |174 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|DVI |0 |1 |5 |42 | |VSPW |0 |8 |- |14 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|FSP |0 |17 |144 |247 | |WSP |0 |2 |0 |20 |
|---------+---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
|HDSP |1 |1 |- |6 | |Total |261 |992 |2,629 |6,995 |
| | | | | | | | | | | |
-------------------------------------------------------------------------------------------------------------
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
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 has been returned
by the Governor to the Senate Desk.
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.
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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 8/24/10)
California Correctional Supervisors Association
Life Support Alliance
Taxpayers for Improving Public Safety
The Friends Committee on Legislation of California
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 $1,500 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.
"In May of 2009, the Office of the Inspector General
(OIG) sent a special report entitled 'Inmate Cell Phone
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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
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."
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 1066 without my signature.
This bill would require the California Department of
Corrections and Rehabilitation (CDCR) to conduct
monthly random searches for contraband of staff and
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vendors entering each State prison. This bill
requires the CDCR to provide advance notice to the
Office of the Inspector General (OIG) of these random
searches and requires the Inspector General to oversee
at least 11 searches per year. In addition, SB 1066
requires the CDCR to submit a quarterly report to the
OIG detailing the results of these searches, as
specified.
This measure is unnecessary as California law already
authorizes CDCR to search staff and vendors and
provides the necessary flexibility needed to conduct
its operations within existing budget constraints. SB
1066 removes this flexibility and instead codifies a
cumbersome, bureaucratic process that will impede the
Department's current and future efforts. Moreover, I
cannot approve a measure that will mandate such
searches while the Legislature fails to approve laws
to give the proper tools to law enforcement to
prosecute individuals when contraband such as wireless
communications devices are found.
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, Fletcher,
Fong, Fuentes, Fuller, Gaines, Galgiani, Garrick, Gatto,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nestande,
Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Davis, Furutani, Nava, Norby, Vacancy,
Vacancy
RJG:mw 10/5/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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