Bill Text: NJ AR38 | 2014-2015 | Regular Session | Introduced
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) 2014-01-16 - Introduced, Referred to Assembly Law and Public Safety Committee [AR38 Detail]
Download: New_Jersey-2014-AR38-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
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
Introduced Pending Technical Review by Legislative Counsel
An Assembly Resolution memorializing Congress and the President of the United States to introduce and enact legislation 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; 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 introduce and pass legislation 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.
STATEMENT
This resolution respectfully memorializes the Congress of the United States to introduce and pass, and the President to sign into law, legislation that would revise the federal "Communications Act of 1934," to authorize the Federal Communications Commission to permit correctional facility supervisory authorities to prevent, block, or otherwise interfere with unauthorized wireless communications by prisoners incarcerated within the correctional facilities.
