Alex Padilla
- Democratic
Author
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 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. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Chaptered by Secretary of State. Chapter 500, Statutes of 2011.
Approved by the Governor.
Enrolled and presented to the Governor at 11:30 a.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2405.) Ordered to engrossing and enrolling.
Urgency clause adopted.
Read third time. Urgency clause adopted. Passed. (Ayes 76. Noes 0. Page 3015.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 25).
Set, first hearing. Referred to APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1278.) Ordered to the Assembly.
Ordered to third reading.
From special consent calendar.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 8. Noes 0. Page 1111.) (May 26).
Set for hearing May 26.
Placed on APPR. suspense file.
Set for hearing April 11.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 417.) (March 22).
Set for hearing March 22.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after January 6.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB26 | HTML |
| 12/06/10 - Introduced | |
| 02/01/11 - Amended Senate | |
| 03/30/11 - Amended Senate | |
| 06/14/11 - Amended Assembly | |
| 07/13/11 - Amended Assembly | |
| 08/16/11 - Amended Assembly | |
| 08/31/11 - Amended Assembly | |
| 09/12/11 - Enrolled | |
| 10/06/11 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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