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 ASSEMBLY  AUGUST 16, 2011
	AMENDED IN ASSEMBLY  JULY 13, 2011
	AMENDED IN ASSEMBLY  JUNE 14, 2011
	AMENDED IN SENATE  MARCH 30, 2011
	AMENDED IN SENATE  FEBRUARY 1, 2011

INTRODUCED BY   Senator Padilla
   (Coauthors: Senators Anderson, Calderon, Fuller, Harman, and
Walters)

                        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: 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 prohibits a person in a local
correctional facility from possessing a wireless communication
device, except as specified.
   This bill would provide, with exceptions, that a person who
possesses with the intent to deliver, or delivers, to an inmate or
ward in the custody of the department 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, is guilty of a misdemeanor, punishable by imprisonment in the
county jail not exceeding 6 months, a fine not to exceed $5,000 for
each device, or both that fine and imprisonment. 
   By 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 under the jurisdiction of the Department of Corrections and
Rehabilitation 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.
   The bill would provide that a person who brings, without
authorization, a wireless communication device  onto the
grounds   within the secure perimeter  of a prison
or institution housing offenders under the jurisdiction of the
department is deemed to have consented to the department using
available technology to prevent the device from sending or receiving
calls or other electronic communication, and would require notice of
this provision to be posted at all public entry gates.
   Existing law provides for the accumulation, denial, or loss of
time credits for inmates of the department based on each inmate's
behavior while under the jurisdiction of the department.
   The bill would provide that an inmate who is found to be in
possession of a wireless communication device would be subject to the
denial of time credits, as specified. The bill would prohibit the
department from accessing 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  , and would provide that any contractor or employee of a
contractor or the department who knowingly and willfully, without
authorization, obtains, discloses, or uses, confidential data or
communications from an unauthorized wireless communication device is
subject to an administrative fine or civil penalty not to exceed
$5,000 for a first violation, $10,000 for a 2nd violation, and
$25,000 for a 3rd or subsequent violation  . 
   The bill would further prohibit the department from capturing data
or communications from an authorized wireless communication device,
or accessing data or communications that have been captured from an
authorized wireless communication device, except as authorized under
existing law. The bill would provide that any contractor or employee
of a contractor or the department who knowingly and willfully,
without authorization, obtains, discloses, or uses, confidential data
or communications from an authorized wireless communication device
is subject to an administrative fine or civil penalty not to exceed
$5,000 for a first violation, $10,000 for a 2nd violation, and
$25,000 for a 3rd or subsequent violation.  
   The bill would also provide that until January 1, 2018, the state
shall require as part of the contract for the Inmate Ward Telephone
System that the total cost for intrastate and interstate calls be
equal to or less than the total costs of a call established in the
contract in effect on September 1, 2011, and that other than the
conversation minute charges and prepaid account setup fees, there
shall be no additional charges of any type, including administrative
fees, call-setup fees, detail billing fees, hard copy billing fees,
or any other fees.  
   Because the bill would create a new crime, 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: yes.
State-mandated local program: 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) Except as otherwise authorized by law, or when
authorized by either the person in charge of the prison or other
institution under the jurisdiction of the Department of Corrections
and Rehabilitation 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 the custody of the
department 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 the 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 an inmate or ward in the custody of
the department, 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
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 an inmate or ward in
the custody of the department.
   (c) Any inmate 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.   of
up to 90 days. 
   (d) A person who brings, without authorization, a wireless
communication device  onto the grounds   within
the secure perimeter  of any prison or institution housing
offenders under the jurisdiction of the department is deemed to have
given his or her consent to the department 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.
   (e) The department 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. 
   (f) The department shall not capture data or communications from
an authorized wireless communication device, except as already
authorized under existing law.  
   (g) The department 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. 
   (h) 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
prison or institution, the department shall take all reasonable
actions to correct the problem.  
   (i) Any contractor or employee of a contractor or the department
who knowingly and willfully, without authorization, obtains,
discloses, or uses confidential information in violation of
subdivision (e), (f), or (g) 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.  
   (f) 
    (j)  Nothing in this section prohibits the department
from obtaining electronic communications that the department could
have lawfully obtained prior to the effective date of this section.
   SEC. 2.    Until January 1, 2018, the state shall
require as part of the contract for the Inmate Ward Telephone System
that the total cost for intrastate and interstate calls be equal to
or less than the total costs of a call established in the contract in
effect on September 1, 2011. Other than the conversation minute
charges and prepaid account setup fees, there shall be no additional
charges of any type, including administrative fees, call-setup fees,
detail billing fees, hard copy billing fees, or any other fees. 

   SEC. 2.   SEC. 3.   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.