California Legislature—2013–14 Regular Session

Assembly Bill No. 2002

Introduced by Assembly Member Frazier

February 20, 2014

An act to amend Section 4575 of the Penal Code, and to add Section 871.7 to the Welfare and Institutions Code, relating to wireless communication devices.

LEGISLATIVE COUNSEL’S DIGEST

AB 2002, as introduced, Frazier. Wireless communication devices: local correctional facilities: juvenile halls.

Under existing law, a person in a local correctional facility who possesses a wireless communication device, including, but not limited to, a cellular telephone, pager, or wireless Internet device, who is not authorized to possess that item is guilty of a misdemeanor, punishable by a fine of not more than $1,000.

Existing law requires the board of supervisors of every county to provide and maintain a juvenile hall and authorizes the board to establish juvenile ranches, camps, or forestry to which persons made wards of the juvenile court may be committed. Existing law requires, except as specified, any person who knowingly brings or sends into, or who knowingly assists in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp, or any person who while confined in any of those institutions possesses therein, any specified controlled substance, firearm, weapon, explosive of any kind, or tear gas or tear gas weapon to be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to specified provisions.

This bill would make, with exceptions, a person who possesses with the intent to deliver, or delivers, to an inmate or ward in a local correctional facility or a ward confined in a juvenile hall, ranch, camp, or forestry camp, any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, guilty of a misdemeanor. By revising the definition of a crime and creating a new crime, the bill would impose a state-mandated local program.

This bill would provide that if a person who is visiting an inmate or ward in a local correctional facility or a ward confined in a juvenile hall, ranch, camp, or forestry camp is found to be in possession of a cellular telephone, wireless communication device, or any component thereof, upon being searched or subjected to a metal detector, that device is subject to confiscation and would be returned the same day, except as specified. The bill would require that a notice to that effect be posted in each area where visitors are searched prior to visiting with an inmate or ward. By imposing new duties on local agencies, this bill would impose a state-mandated local program.

The bill would prohibit, except as specified, a city or county from accessing data or communications that have been captured using available technology from unauthorized use of a wireless communication device, capturing data or communications from an authorized wireless communication device, and accessing data or communications that have bene captured using available technology from an authorized wireless communication device.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4575 of the Penal Code is amended to
read:

begin delete

4575.  

(a) Any person in a local correctional facility who
possesses a wireless communication device, including, but not
limited to, a cellular telephone, pager, or wireless Internet device,
who is not authorized to possess that item is guilty of a
misdemeanor, punishable by a fine of not more than one thousand
dollars ($1,000).

end delete

begin insert

begin insert 4575. end insert   

end insert begin insert

(a) (1) Except as otherwise authorized by law, or when
authorized by either the person in charge of the local correctional
facility or an officer of the institution empowered to give that
authorization, a person who possesses with the intent to deliver,
or delivers, to an inmate or ward in a local correctional facility
any cellular telephone or other wireless communication device or
any component thereof, including, but not limited to, a subscriber
identity module (SIM card) or memory storage device, is guilty of
a misdemeanor, punishable by imprisonment in a county jail not
exceeding six months, a fine not to exceed five thousand dollars
($5,000) for each device, or both that fine and imprisonment.

end insert begin insert

(2) (A) If a person visiting an inmate or ward in local
correctional facility, upon being searched or subjected to a metal
detector, is found to be in possession of a cellular telephone or
other wireless communication device or any component thereof,
including, but not limited to, a SIM card or memory storage device,
that device or component 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 charged with a violation of paragraph (1).

end insert begin insert

(B) 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.

end insert begin insert

(C) Notice of this prohibition shall be posted in all areas where
visitors are searched prior to visitation with an inmate or ward in
a local correctional facility.

end insert begin insert

(3) An inmate who is found to be in possession of a wireless
communication device shall be subject to time credit denial or loss
of up to 90 days.

end insert begin insert

(4) A person who brings, without authorization, a wireless
communication device within the secure perimeter of a local
correctional facility is deemed to have given his or her consent to
the city or county using available technology to prevent that
wireless device from sending or receiving telephone calls or other
forms of electronic communication. Notice of this provision shall
be posted at all public entry gates of the local correctional facility.

end insert begin insert

(5) A city or county shall not access data or communications
that have been captured using available technology from
unauthorized use of a wireless communication device except after
obtaining a valid search warrant.

end insert begin insert

(6) A city or county shall not capture data or communications
from an authorized wireless communication device, except as
already authorized under existing law.

end insert begin insert

(7) A city or county shall not access data or communications
that have been captured using available technology from an
authorized wireless communication device, except as already
authorized under existing law.

end insert begin insert

(8) If the available technology to prevent wireless
communications from sending and receiving telephone calls or
other forms of electronic communication extends beyond the secure
perimeter of the local correctional facility, a city or county shall
take all reasonable actions to correct the problem.

end insert begin insert

(9) A contractor or employee of a contractor or the city or
county who knowingly and willfully, without authorization, obtains,
discloses, or uses confidential information in violation of
paragraph (5), (6), or (7) is subject to an administrative fine or
civil penalty not to exceed five thousand dollars ($5,000) for a
first violation, or ten thousand dollars ($10,000) for a second
violation, or twenty-five thousand dollars ($25,000) for a third or
subsequent violation.

end insert begin insert

(10) This section does not prohibit a city or county from
obtaining electronic communications that the city or county could
have lawfully obtained prior to January 1, 2015.

end insert

(b)  begin delete Any end delete begin insert A end insert person housed in a local correctional facility who
possesses any tobacco products in begin delete any end delete begin insert a end insert form, including snuff
products, smoking paraphernalia, any device that is intended to be
used for ingesting or consuming tobacco, or begin delete any end delete begin insert a end insert container or
dispenser used for any of those products, is guilty of an infraction,
punishable by a fine not exceeding two hundred fifty dollars
($250).

(c) Money collected pursuant to this section shall be placed into
the inmate welfare fund, as specified in Section 4025.

(d)  begin delete Any end delete begin insert A end insert person housed in a local correctional facility who
possesses a handcuff key who is not authorized to possess that
item is guilty of a misdemeanor, punishable by imprisonment in
a county jail not exceeding six months, or by a fine of up to one
thousand dollars ($1,000), or by both that imprisonment and fine.
As used in this subdivision, “handcuff key” means begin delete any end delete begin insert a end insert device
designed or intended to open or unlatch a handcuff.

(e) Subdivision (b) shall only apply to a person in a local
correctional facility in a county in which the board of supervisors
has adopted an ordinance or passed a resolution banning tobacco
in its correctional facilities.

SEC. 2.  

Section 871.7 is added to the Welfare and Institutions
Code, to read:

871.7.  

(a) Except as otherwise authorized by law, or when
authorized by either the person in charge of the juvenile hall, ranch,
camp, or forestry camp, or an officer of the institution empowered
to give that authorization, a person who possesses with the intent
to deliver, or delivers, to a ward confined in any of those
institutions any cellular telephone or other wireless communication
device or any component thereof, including, but not limited to, a
subscriber identity module (SIM card) or memory storage device,
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding six months, a fine not to exceed five thousand
dollars ($5,000) for each device, or both that fine and
imprisonment.

(b) (1)   If a person visiting a ward confined in a juvenile hall,
ranch, camp, or forestry camp, upon being searched or subjected
to a metal detector, is found to be in possession of a cellular
telephone or other wireless communication device or any
component thereof, including, but not limited to, a SIM card or
memory storage device, that device or component is subject to
confiscation but shall be returned on the same day the person visits
the 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 of
subdivision (a).

(2) 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.

(3) Notice of this provision shall be posted in all areas where
visitors are searched prior to visitation with a ward confined in a
juvenile hall, ranch, camp, or forestry camp.

(c) A person who brings, without authorization, a wireless
communication device within the secure perimeter of any juvenile
hall, ranch, camp, or forestry camp is deemed to have given his or
her consent to the county using available technology to prevent
that wireless device from sending or receiving telephone calls or
other forms of electronic communication. Notice of this provision
shall be posted at all public entry gates of the prison or institution.

(d) A county shall not access data or communications that have
been captured using available technology from unauthorized use
of a wireless communication device except after obtaining a valid
search warrant.

(e) A county shall not capture data or communications from an
authorized wireless communication device, except as already
authorized under existing law.

(f) A county shall not access data or communications that have
been captured using available technology from an authorized
wireless communication device, except as authorized under existing
law.

(g) If the available technology to prevent wireless
communications from sending and receiving telephone calls or
other forms of electronic communication extends beyond the secure
perimeter of the juvenile hall, ranch, camp, or forestry camp, a
county shall take all reasonable actions to correct the problem.

(h) A contractor or employee of a contractor or a county who
knowingly and willfully, without authorization, obtains, discloses,
or uses confidential information in violation of subdivision (d),
(e), or (f) shall be subject to an administrative fine or civil penalty
not to exceed five thousand dollars ($5,000) for a first violation,
or ten thousand dollars ($10,000) for a second violation, or
twenty-five thousand dollars ($25,000) for a third or subsequent
violation.

(i) This section does not prohibit a county from obtaining
electronic communications that the county could have lawfully
obtained prior to January 1, 2015.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.