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AB-2002 Wireless communication devices: local correctional facilities: juvenile halls.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2002


Introduced by Assembly Member Frazier

February 20, 2014


An act to amend Section 4575 of the Penal Code, and to add Section 871.7 to the Welfare and Institutions Code, relating to wireless communication devices.


LEGISLATIVE COUNSEL'S DIGEST


AB 2002, as introduced, Frazier. Wireless communication devices: local correctional facilities: juvenile halls.
Under existing law, a person in a local correctional facility who possesses a wireless communication device, including, but not limited to, a cellular telephone, pager, or wireless Internet device, who is not authorized to possess that item is guilty of a misdemeanor, punishable by a fine of not more than $1,000.
Existing law requires the board of supervisors of every county to provide and maintain a juvenile hall and authorizes the board to establish juvenile ranches, camps, or forestry to which persons made wards of the juvenile court may be committed. Existing law requires, except as specified, any person who knowingly brings or sends into, or who knowingly assists in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp, or any person who while confined in any of those institutions possesses therein, any specified controlled substance, firearm, weapon, explosive of any kind, or tear gas or tear gas weapon to be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to specified provisions.
This bill would make, with exceptions, a person who possesses with the intent to deliver, or delivers, to an inmate or ward in a local correctional facility or a ward confined in a juvenile hall, ranch, camp, or forestry camp, 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, guilty of a misdemeanor. By revising the definition of a crime and 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 in a local correctional facility or a ward confined in a juvenile hall, ranch, camp, or forestry camp 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. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The bill would prohibit, except as specified, a city or county from accessing data or communications that have been captured using available technology from unauthorized use of a wireless communication device, capturing data or communications from an authorized wireless communication device, and accessing data or communications that have bene captured using available technology from an authorized wireless communication device.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4575 of the Penal Code is amended to read:
4575.

(a)Any person in a local correctional facility who possesses a wireless communication device, including, but not limited to, a cellular telephone, pager, or wireless Internet device, who is not authorized to possess that item is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000).

4575.
 (a) (1) Except as otherwise authorized by law, or when authorized by either the person in charge of the local correctional facility 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 a local correctional facility 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 a 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.
(2) (A) If a person visiting an inmate or ward in local correctional facility, 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 charged with a violation of paragraph (1).
(B) 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.
(C) Notice of this prohibition shall be posted in all areas where visitors are searched prior to visitation with an inmate or ward in a local correctional facility.
(3) An inmate who is found to be in possession of a wireless communication device shall be subject to time credit denial or loss of up to 90 days.
(4) A person who brings, without authorization, a wireless communication device within the secure perimeter of a local correctional facility is deemed to have given his or her consent to the city or county 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 local correctional facility.
(5) A city or county 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.
(6) A city or county shall not capture data or communications from an authorized wireless communication device, except as already authorized under existing law.
(7) A city or county 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.
(8) 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 local correctional facility, a city or county shall take all reasonable actions to correct the problem.
(9) A contractor or employee of a contractor or the city or county who knowingly and willfully, without authorization, obtains, discloses, or uses confidential information in violation of paragraph (5), (6), or (7) is 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.
(10) This section does not prohibit a city or county from obtaining electronic communications that the city or county could have lawfully obtained prior to January 1, 2015.
(b) Any A person housed in a local correctional facility who possesses any tobacco products in any a form, including snuff products, smoking paraphernalia, any device that is intended to be used for ingesting or consuming tobacco, or any a container or dispenser used for any of those products, is guilty of an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250).
(c) Money collected pursuant to this section shall be placed into the inmate welfare fund, as specified in Section 4025.
(d) Any A person housed in a local correctional facility who possesses a handcuff key who is not authorized to possess that item is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of up to one thousand dollars ($1,000), or by both that imprisonment and fine. As used in this subdivision, “handcuff key” means any a device designed or intended to open or unlatch a handcuff.
(e) Subdivision (b) shall only apply to a person in a local correctional facility in a county in which the board of supervisors has adopted an ordinance or passed a resolution banning tobacco in its correctional facilities.

SEC. 2.

 Section 871.7 is added to the Welfare and Institutions Code, to read:

871.7.
 (a) Except as otherwise authorized by law, or when authorized by either the person in charge of the juvenile hall, ranch, camp, or forestry camp, or an officer of the institution empowered to give that authorization, a person who possesses with the intent to deliver, or delivers, to a ward confined in any of those institutions 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 a 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 a ward confined in a juvenile hall, ranch, camp, or forestry camp, 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 is subject to confiscation but shall be returned on the same day the person visits the 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 a ward confined in a juvenile hall, ranch, camp, or forestry camp.
(c) A person who brings, without authorization, a wireless communication device within the secure perimeter of any juvenile hall, ranch, camp, or forestry camp is deemed to have given his or her consent to the county 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.
(d) A county 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.
(e) A county shall not capture data or communications from an authorized wireless communication device, except as already authorized under existing law.
(f) A county shall not access data or communications that have been captured using available technology from an authorized wireless communication device, except as authorized under existing law.
(g) 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 juvenile hall, ranch, camp, or forestry camp, a county shall take all reasonable actions to correct the problem.
(h) A contractor or employee of a contractor or a county who knowingly and willfully, without authorization, obtains, discloses, or uses confidential information in violation of subdivision (d), (e), or (f) 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.
(i) This section does not prohibit a county from obtaining electronic communications that the county could have lawfully obtained prior to January 1, 2015.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.