An update on the contraband prison cell phone legislation currently being considered in California. According to the article, S.B. 26 is Senator Padilla’s fourth attempt to criminalize smuggling and possession of cellphones in prison. A quote from the article, “This cell phone issue is a huge problem in our prison system, and (S.B. 26) is a good start to begin to address it” is no doubt accurate, but the law should be augmented by a secure prison cell phone service that reduces the contraband value of the smuggled phones.

A bill aimed at curbing widespread cellphone proliferation in state prisons is on its way to the state Assembly after clearing the Senate.

Senate Bill 26 attempts to crack down on the smuggling of cellphones and other wireless communication devices into California prisons – such as California Institution for Men and California Institution for Women, both in Chino.

The bill – which was introduced by State Sen. Alex Padilla, D-Van Nuys – was approved 39 to 0 by the Senate last week.

The Assembly’s Public Safety Committee is expected to next hear the bill.

Under the proposed legislation, smuggling a cellphone into prison would bring a misdemeanor charge, which would be punishable by six months in jail, as well as a fine of up to $5,000 per phone.

Inmates who are found to be in possession of the devices would face a loss of time credits that could not be restored.

Local Republican lawmakers said the legislation should have carried a felony punishment for violators.

An earlier incarnation of the bill, S.B. 434, would have made the act of smuggling a felony, but the proposal was killed in committee over concerns that it would aggravate prison overcrowding, officials said.

“It’s very difficult to get liberal legislators to pass anything with a felony out of committee anymore,” said Assemblyman Curt Hagman, R-Chino Hills, who sits on the Public Safety Committee. “With a misdemeanor, all it’s going to do is let people with six-month sentences out after a day or two because of overcrowding. I wish this was stronger.”

Assemblyman Tim Donnelly, R-Hesperia, said that while he supports S.B. 26, the legislation should have carried a felony charge for violators.

“You have shot callers ordering hits from inside, and there are a lot of guys continuing their criminal career,” Donnelly said. “I think it’s time to put a stop to it in the name of public safety and common sense.”

Assemblywoman Norma Torres, D-Chino, said inmate overcrowding is preventing the bill from carrying a felony charge.

“We would all love to be more punitive, but with the issue of overcrowding, I think this is a good compromise, and I am supportive,” Torres said. “I represent the Chino prison. I’ve been there more times then I care to spend. This cell phone issue is a huge problem in our prison system, and (S.B. 26) is a good start to begin to address it.”

Prison inmates have used smuggled cellphones to plan attacks, coordinate drug movement and sales, direct street gangs, communicate with other inmates and the public, videotape guard tactics as well as arrange escapes, officials said.

Cellphone usage in state prisons has recently exploded. Nearly 11,000 cell phones were found in state prisons in 2010, compared to 261 in 2006.

The phones can fetch up to $1,000 each in prison.

Under current law, smuggling cellphones into state prison does not carry criminal or financial sanctions, Padilla said.

S.B. 26 is Padilla’s fourth attempt to criminalize smuggling and possession of cellphones in prison.

Cult leader Charles Manson, who is doing time at Corcoran State Prison in Kings County, was twice caught possessing a cellphone in the past two years.

“Criminals like Charles Manson, who had two cellphones, don’t deserve a friends and family plan,” Hagman said.

Source

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This editorial makes the case that there should be stiff felony penalties for anyone caught smuggling cell phones into prisons or accepting bribes for cell phones. And that those penalties should be even tougher for prison guards. While tougher penalties may be effective, we believe reducing the contraband value of cell phones in prison will be the most effective way to reduce prison cell phone smuggling. If prisoners no longer need to pay $1000 or more for access to a wireless phone, prison guards will no longer be willing to risk their careers and freedom to smuggle cell phones into jails.

It doesn’t take an advanced degree in criminal justice to understand that prison inmates never should have access to cell phones. They use them to plot violent crimes inside and outside the prison, plot escapes and conduct drug deals with other inmates or contacts on the outside.

Matthew Cate, secretary of the California Department of Corrections and Rehabilitation, agrees. He said, “Cell phone smuggling into California’s prisons is a very serious and growing problem. Public safety officials in prisons and prosecutors on the outside need additional tools to combat cell phone smuggling to inmates.”

One such tool should be stiff felony penalties for anyone smuggling cell phones into prisons or accepting bribes for phones. Those penalties should be even tougher for prison guards.

Unfortunately, it is the guards who are suspected of providing most of the cell phones to inmates, often taking bribes. Yet California continues to be lax in passing laws to crack down on the problem.

Possessing a cell phone behind bars violates prison rules, but still is not illegal. Inmates can lose early release credits, and employees caught smuggling phones can lose their jobs.

Even when someone is caught, the penalty is extraordinarily light. Last month, Terry Lane, a former California correctional officer from San Jose, was sentenced to just 45 days in jail for smuggling several cell phones to state prison inmates. The bribery charge was dropped in a plea bargain.

The best way to discourage prison guards from taking bribes for delivering cell phones is the use of tough penalties that include long prison terms, firing and permanent disqualification from ever working in a prison.

There are a few bills floating around in the Legislature to stiffen penalties for those who bring phones to inmates and or accept bribes for doing so.

State Sen. Alex Padilla, D-Los Angeles, has introduced two bills this year that add penalties for inmates, employees or visitors smuggling cell phones.

Sen. Elaine Alquist, D-Santa Clara, is carrying another bill that would require random searches of employees and contractors.

Action is long overdue. Prison officials say that the number of cell phones confiscated in California prisons has been growing rapidly over the past few years and has become a major problem that needs to be remedied.

If prison employees or visitors faced years behind bars for cell phone smuggling, we believe the practice would decline sharply. There is no good reason to delay legislation, even if there are added costs.

Source

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