The smuggling of cellphones into California prisons continues, even as the legislation to criminalize contraband cell phone smuggling moves forward in the legislature.

Staff at Avenal State Prison last week found cellphones, cellphone batteries and chargers and tobacco after a sergeant noticed a security fence breach on the south of the facility.

The discovery on Friday came one day after a key legislative committee approved Senate Bill 26, which would criminalize smuggling wireless devices into prison facilities.

According to the Department of Corrections and Rehabilitation, the discovery netted two bags filled with:

• 173 bundles of tobacco weighing approximately 17 pounds
• 25 cellular phones
• 26 cell phone chargers
• 11 cell phone batteries
• 5 cigarette lighters
• 1 pair of cell phone ear-buds
• 3 Micro SD memory cards

SB 26, authored by Sen. Alex Padilla, D-Los Angeles, would make smuggling cellphones or other wireless devices punishable by six months in jail and a fine of up to $5,000 per device. Inmates caught with a device would permanently lose up to 90 days of sentence credits.

The measure also includes language that protects anyone from prosecution who accidentally brings a cellphone into a prison, protects cellphone data from unwarranted inspection by the state and requires that the new inmate phone system contract may not increase the cost of inmate calls.

A committee analysis of the bill notes:

A sample of search results through June 2011 shows 673 searches, resulting in the following contraband: 471 cell phones; 450 flash drives; 125 DVDs; 697 CDs; 110 iPods; 302 lighters or matches; 4,678 miscellaneous contraband objects.

These 673 searches also resulted in 1,156 disciplinary letters of instruction pending review by the warden, and 337 disciplinary referrals to internal affairs.

The Assembly Appropriations Committee approved the measure 17-0 on Thursday, setting the stage for a vote by the full chamber.

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This article provides an update on contraband prison cell phone legislation in California. According to the article smuggled cell phone 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.

A bill aimed at curbing widespread cell phone 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 cell phones 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 cell phone 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, Senate Bill 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 cell phones 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.

Cell phone 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 cell phones 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 cell phones in prison.

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

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

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The California Senate voted unanimously Thursday to make smuggling a cellphone into prison a misdemeanor crime with up to a $5,000 fine – a bill similar to one that former Gov. Arnold Schwarzenegger vetoed as too weak.

The senator who carried last year’s legislation, Los Angeles Democrat Alex Padilla, is also carrying this year’s version, Senate Bill 26. It was sent to the Assembly on a 39-0 vote.

Prison authorities annually seize thousands of contraband cellphones, and law enforcement officials have worried aloud that they are being used by inmates to plot criminal activities outside the walls. Visitors and prison employees are generally viewed as major sources of the illicit devices, and authorities say the going price for a phone approaches $1,000.

Last year, Schwarzenegger vetoed Padilla’s SB 525, saying, “while signing this measure might be better than nothing, I cannot sign a measure that does so little.”

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