BILL ANALYSIS �
SB 139
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 139 (Alquist) - As Amended: June 23, 2011
Policy Committee: Public Safety
Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Department of Corrections and
Rehabilitation (CDCR) to conduct random periodic contraband
searches of all employees and vendors entering the secure
perimeter of state prisons. These searches shall be conducted at
least once a month at each institution. Any cancelled search
must be replaced with a search at another institution, and no
institution may go more than three months without a search. In
addition, this bill:
1)Authorizes the Office of the Inspector General (OIG), or its
successor, to oversee at least one CDCR search per year at
each prison to ensure the integrity of the process and the
accuracy of the reports submitted pursuant to the terms of
this bill, and requires CDCR to provide the OIG with at least
five working day notice prior to the date of the random
searches.
2)Requires CDCR to provide a written quarterly report to the
Legislature detailing dates of searches, shifts, number of
employees and vendors searched, and contraband discovered. The
report shall also contain a general comment section for the
OIG and CDCR discussing issues relevant to the searches and
detailing actions taken as a result of the discovery of
contraband.
FISCAL EFFECT
1)Significant annual GF costs, likely in excess of $200,000, to
staff the proposed searches. This assumes at least six
additional staff per search, for one hour at two gates, at 33
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prisons, 12 times per year.
2)Annual OIG GF costs would likely be in the range of $50,000
per year, assuming eight hours at 33 locations with follow-up
reporting.
3)Annual CDCR reporting costs for detailed quarterly written
reports would be about $50,000.
4)In addition, there would be unknown, but potentially
significant annual GF costs for overtime to the extent random
searches backup 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.
COMMENTS
Rationale . The author's intent is to reduce the proliferation of
smuggled cell phones in state prisons. Thousands of phones are
being smuggled into state prisons where they sell for as much as
$1,000. According to prison officials and law enforcement,
inmates can use cell phones to plan escapes, organize riots, or
simply communicate with other inmates. Smuggled cell phones
empower gangs and help organize criminal networks, many of which
are deeply rooted in the prison system.
1)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.
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"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."
The number of contraband cell phones reached 10,770 in 2010.
For 2011, contraband cell phone discoveries are on a pace to
exceed 15,000.
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.
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 brought into secure
areas.
e) Require vendor packages be shipped directly to prisons
and correctional camps.
2)Operation Disconnect. According to the author's office, this
bill is designed to essentially standardize and codify the
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random searches conducted by CDCR's office of internal
affairs, known as Operation Disconnect. According to CDCR
documents, beginning in November 2009, each institution is
charged with conducting "at least one random search monthly."
A sample of the search results through June 2010 shows 673
searches, resulting in the following contraband: 471 cell
phones; 450 flash drives; 125 DVDs; 697 CDs; 110 iPods; 302
lighters or matches; 4,678 miscellaneous contraband objects.
These 673 searches also resulted in 1,156 disciplinary letters
of instruction pending review by the warden, and 337
disciplinary referrals to internal affairs.
3)Related Legislation.
a) SB 1066 (Oropeza), 2010, was almost identical to this
bill and was vetoed by Gov. Schwarzenegger, who stated,
"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."
b) SB 26 (Padilla), 2011, makes it a misdemeanor for
unauthorized persons to possess a wireless communication
device with the intent to deliver the device to an inmate,
and makes possession of such a device by an inmate
punishable by the loss of six months sentence credit. SB
26 is pending in Assembly Public Safety.
a) SB 525 (Padilla), 2010, created a misdemeanor for
possession of a cell phone or wireless communication device
with the intent to deliver that device to an inmate or
ward. SB 525 was vetoed. Gov. Schwarzenegger stated the
measure did not go far enough.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
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