Bill Text: NJ AR129 | 2010-2011 | Regular Session | Amended

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Bill Title: Memorializes Congress and President to introduce and enact legislation to permit correctional facility supervisory authorities to block unauthorized wireless communications by prisoners within correctional facilities. *

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-19 - Reported out of Assembly Comm. with Amendments, 2nd Reading [AR129 Detail]

Download: New_Jersey-2010-AR129-Amended.html

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[First Reprint]

ASSEMBLY RESOLUTION No. 129

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 6, 2011

 

 

Sponsored by:

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Memorializes Congress and President to introduce and enact legislation to permit correctional facility supervisory authorities to block unauthorized wireless communications by prisoners within correctional facilities.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on May 19, 2011, with amendments.

  

An Assembly Resolution memorializing Congress and the President of the United States to ¹introduce and¹ enact ¹[S.251, the "Safe Prisons Communications Act of 2009,"] legislation¹ authorizing the Federal Communications Commission to permit the supervisory authority of a correctional facility to operate a jamming system within the facility to prevent, jam, or otherwise interfere with unauthorized wireless communications by individuals held in the facility. 

 

Whereas, The May 2009 New Jersey State Commission on Investigation report, entitled "Gangland Behind Bars," concluded that the use of contraband cellular telephones by prisoners in correctional facilities has led to a number of very serious problems; and

Whereas, The use of contraband cellular telephones smuggled into correctional facilities has enabled prisoners to conduct drug deals, intimidate witnesses, plot violent crimes, and manage criminal enterprises from within these facilities; and

Whereas, One of the recommendations of the State Commission on Investigation report is to require the New Jersey Department of Corrections to block cellular telephone signals within correctional facilities in order to prevent prisoners from engaging in criminal activities by using cellular telephone equipment while incarcerated within these facilities; and

Whereas, The federal "Communications Act of 1934," 47 U.S.C. s.151 et seq., currently appears to prohibit state officials or institutions from using any device or technology that is specifically intended to interfere with cellular telephone equipment, and the Federal Communications Commission has taken the position that the federal government has exclusive jurisdiction over the use of such devices or technology in the United States; and

Whereas, Federal law preempts and would invalidate any attempt by the states to pass a law authorizing state officials or institutions to use cellular telephone blocking equipment or technology, and any attempts by these officials or institutions to use such devices or technology could render them subject to fines of up to $11,000 for each violation, or imprisonment for up to one year, since there does not appear to be any exception to allow for the blocking of cellular telephone communications within correctional facilities; ¹[and

Whereas, The United States Congress is presently considering S.251, the "Safe Prisons Communications Act of 2009," which authorizes the Federal Communications Commission to permit a correctional facility supervisory authority to block unauthorized wireless communications by prisoners within the correctional facility, and

     S.251 is pending consideration in the House Subcomittee on Crime, Terrorism, and Homeland Security, after having passed the Senate on October 5, 2009;]¹ now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.    This House respectfully memorializes the Congress of the United States to ¹introduce and¹ pass ¹[, and the President to sign into law, S.251, the "Safe Prisons Communications Act of 2009,"] legislation¹ which would revise the federal "Communications Act of 1934" to authorize the Federal Communications Commission to permit correctional facility supervisory personnel to prevent, block, or otherwise interfere with unauthorized wireless communications by individuals incarcerated within the correctional facilities.

 

     2.    Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested to by the Clerk thereof, shall be transmitted to the presiding officers of the Congress of the United States, each member of New Jersey's Congressional delegation, and the President of the United States.