Today's Law As Amended


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AB-254 Contraband in state prisons.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 6402 of the Penal Code is amended to read:

6402.
 (a)  The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the department’s contraband interdiction efforts for individuals entering CDCR detention facilities. When developed, these policies shall include, but not be limited to, the following specifications:
(a) (1)  Application to all individuals, including visitors, all department staff, including executive staff, volunteers, and contract employees.
(b) Use of methods to ensure that profiling is not practiced during random searches or searches of all individuals entering the prison at that time.
(c) Establishment of unpredictable, random search efforts and methods that ensures that no one, except department employees specifically designated to conduct the random search, shall have advance notice of when a random search is scheduled.
(d) (2)  All visitors attempting to enter a CDCR detention facility shall be informed that they may refuse to be searched by a passive alert dog.
(e) (3)  All visitors attempting to enter a CDCR detention facility who refuse to be searched by a passive alert dog shall be informed of options, including, but not limited to, the availability of a noncontact visit.
(f) (4)  All individuals attempting to enter a CDCR detention facility, who have a positive alert for contraband by an electronic drug detection device, a passive alert dog, or other technology, shall be informed of further potential search or visitation options.
(g) (5)  Establishment of a method by which an individual may demonstrate an authorized health-related use of a controlled substance when a positive alert is noted by an electronic drug detection device, a passive alert dog, or other technology.
(h) (6)  Establishment of specific requirements for additional search options when multiple positive alerts occur on an individual employee within a specified timeframe.
(i) (7)  In determining which additional search options to offer visitors and staff, CDCR shall consider the  Require comprehensive searches of all persons entering CDCR adult facilities, including the search of personal property brought inside the facility. These searches may include the  use of full-body scanners. scanners and baggage and parcel x-ray devices to detect contraband. 
(j) (b)  CDCR shall conduct an evaluation of a the  policy described in this section and provide an interim annual  report to the Legislature by June 30, 2016, and a final report to the Legislature on April 30, 2017. This evaluation  on January 1 each year, starting on January 1, 2023. The report  shall include, but not be limited to, the impact  all  of the policy on: following: 
(1) The amount of contraband, including drugs and cellular phones, found in the prisons where the policy was implemented. An assessment of the relative cost-effectiveness in reducing inmate drug use of each contraband interdiction strategy used in the policy. 
(2) Data on and analysis of instances of contraband entering the prison, including, but not limited to, the following:
(A) How the contraband was brought or attempted to be brought into the prison.
(B) When the violation occurred.
(C) Whether the person who is alleged to have committed the violation is an inmate, staff member, visitor, volunteer, contractor, or other.
(D) The type of contraband involved.
(E) How the violation was discovered.
(F) Data on and analysis of arrests resulting from the violation, including, but not limited to, the number and type of arrests.
(2) (G)  The number of staff assaults that occurred in the prisons where the policy was implemented. Data on and analysis of disciplinary actions taken against staff or inmates as a result of their participation in efforts to bring contraband into the prison. 
(3) The number of serious rules violation reports issued in prisons where the policy was implemented, including any reduction in offender violence. An assessment of whether the policy caused declines in or any other observable impact on visitation. 
(4) The rates of drug use by inmates in the prisons where the policy was implemented. An assessment of whether the policy caused changes in the prevalence of violence or lockdowns in the prison. 
(k) (5)  (1) Any  The requirement for submitting a report imposed under subdivision (j) is inoperative on June 30, 2020, pursuant to Section 10231.5 of the Government Code.  other data the department determines has probative value as to the efficacy of the new policy. 
(2) (c)  The reports to be submitted pursuant to subdivision (j) (b)  shall be submitted in compliance with Section 9795 of the Government Code.