Bill Text: CA SB26 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prisons: wireless communication devices.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-10-06 - Chaptered by Secretary of State. Chapter 500, Statutes of 2011. [SB26 Detail]

Download: California-2011-SB26-Amended.html

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BILL NUMBER: SB 26	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 1, 2011

INTRODUCED BY   Senator Padilla

                        DECEMBER 6, 2010

   An act  to add Section 4576 to the Penal Code,   relating
to prisons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 26, as amended, Padilla. Prisons:  cell phones.
  wireless communication devices. 
   Existing law prohibits unauthorized communication with inmates in
state prison.  A person who violates that provision is guilty of
a misdemeanor. Existing law further prohobits a person in a local
correctional facility from possessing a wireless communication
device, except as specified. 
   This bill would  declare the intent of the Legislature to
enact legislation to impose sanctions for the possession of cell
phones and other wireless devices by inmates in state prisons
  provide that if any nonemployee   who is
visiting an inmate or ward under the jurisdiction of the  
Department of Corrections and Rehabilitation   ,  
is found to be in possession of a wireless communication device 
 , as defined,   upon being searched or subjected to a
metal detector, that device is subject to confiscation, except as
specified. The bill would require that a notice to that effect be
posted in   each area   where visitors are searched
prior to visit   ing   with an inmate or ward
 .
    The   bill would require, subject to certain
exceptions, that any nonemployee who possesses with the intent to
deliver, or delivers, to an inmate or ward, a wireless communication
device is guilty of a misdemeanor, punishable by a fine not to exceed
$5,000. A subsequent violation of that provision, or the possession
with intent to deliver, or delivery of, 2 or more wireless
communication devices to an inmate or ward, would be a misdemeanor
punishable by 6 months in jail, and a fine not to exceed $5,000 for
each device.  
   The bill would also provide that an employee who possesses with
intent to deliver, or delivers, one or more wireless communication
devices is guilty of a misdemeanor punishable by a fine not to exceed
$5,000 for each device. For purposes of these provisions, an
employee is defined to include a volunteer, as specified. 
    Existing law provides for the accumulation, denial, or loss
of time credits for inmates of the Department of Corrections and
Rehabilitation based on each inmate's behavior while under the
jurisdiction of the department. 
    The bill would also provide that an inmate or ward who is
found to be in possession of a wireless communication device would be
subject to the denial of time credits, as specified. I   n
addition, the bill would provide that, if an inmate or ward uses a
wireless communication device in the commission or attempted
commission of a crime, upon conviction of that crime, he or she would
be punished, in addition and   consecutive to the
prescribed punishment, with imprisonment in the state prison for 2,
3, or 5 years.  
   Because the bill would create new crimes, the bill would impose a
state-mandated local program.  
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4576 is added to the  
Penal Code   , to read:  
   4576.  (a) For purposes of this section, the following definitions
shall apply:
   (1) "Wireless communication device" means any hand-held device
having the ability to receive or transmit voice, text, or data
messages without a cable connection, such as a cellular telephone,
digital wireless telephone, radiotelephone/walkie-talkie, telephone
pager, personal digital assistant with wireless communications
capabilities (PDA), or research in motion wireless device (RIM), or
any component thereof, including, but not limited to, a subscriber
identity module (SIM) card or memory storage device.
   (2) "Employee" means any departmental staff, contractor,
subcontractor, volunteer, agent of, or person working for, the
Department of Corrections and Rehabilitation or working in any
facility or location where inmates or wards are housed.
   (3) "Volunteer" means any person working, without financial
compensation, for the Department of Corrections and Rehabilitation or
in any facility or location where inmates or wards are housed.
   (4) "Nonemployee" means any person who does not meet the
definition of "employee" in paragraph (2).
   (b) (1) Except as otherwise authorized by law, or when authorized
by the person in charge of the prison or other facility under the
jurisdiction of the Department of Corrections and Rehabilitation, if
any nonemployee visiting an inmate or ward under the jurisdiction of
the department is found to be in possession of a wireless
communication device upon being searched or subjected to a metal
detector, that device shall be subject to confiscation.
   (2) Except as otherwise authorized by law, or when authorized by
the person in charge of the prison or other facility under the
jurisdiction of the Department of Corrections and Rehabilitation, any
nonemployee who possesses with the intent to deliver, or delivers,
to an inmate or ward under the jurisdiction of the department a
wireless communication device, is guilty of a misdemeanor, punishable
by a fine not to exceed five thousand dollars ($5,000).
   (3) Any nonemployee who was previously convicted of a violation of
paragraph (2), who possesses with the intent to deliver, or
delivers, to an inmate or ward under the jurisdiction of the
department, one or more wireless communication devices, or any
nonemployee who possesses with the intent to deliver, or delivers, to
an inmate or ward under the jurisdiction of the department, two or
more wireless communication devices, is guilty of a misdemeanor,
punishable by six months in jail, and a fine not to exceed five
thousand dollars ($5,000) for each device.
   (c) Except as otherwise authorized by law, or when authorized by
the person in charge of the prison or other facility under the
jurisdiction of the Department of Corrections and Rehabilitation, any
employee who possesses with the intent to deliver, or delivers, to
an inmate or ward under the jurisdiction of the department, one or
more wireless communication devices, is guilty of a misdemeanor,
punishable by a fine not to exceed five thousand dollars ($5,000) for
each device.
   (d) (1) Any inmate or ward who is found to be in possession of a
wireless communication device shall be subject to time credit denial
or loss pursuant to paragraph (2) of subdivision (a) of Section 2932.
Notwithstanding Section 2933, credits forfeited pursuant to this
section shall not be eligible for restoration.
   (2) Any inmate or ward under the jurisdiction of the Department of
Corrections and Rehabilitation who, during the commission or
attempted commission of a crime, uses a wireless communication
device, shall, upon conviction of that crime, in addition and
consecutive to the punishment prescribed for the crime of which he or
she has been convicted, be punished by imprisonment in the state
prison for two, three, or five years.
   (e) Notice regarding paragraph (1) of subdivision (b) shall be
posted in each area in which visitors are searched prior to visiting
with an inmate or ward under the jurisdiction of the department.

   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) In 2006, prison officials confiscated 261 cell phones in
California prisons.
   (b) In 2009, 6,995 cell phones were confiscated in California
prisons.
   (c) According to the Department of Corrections and Rehabilitation,
prison officials have found 7,000 cell phones in California prisons
since January 1, 2010, which would amount to another record year of
seizures, at a projected rate of over 9,600 cell phones in 2010.
   For these reasons, it is the intent of the Legislature to enact
legislation to impose sanctions for the possession of cell phones and
other wireless devices by inmates in state prisons.