BILL NUMBER:S2020

TITLE OF BILL:  An act to amend the penal law, in relation to
expanding the definition of dangerous contraband to include
telecommunications and electronic recording devices

SUMMARY OF PROVISIONS:

This bill would amend subdivision 4 of Penal Law ("PL") § 205.00,
which contains the definitions of terms that are referenced in PL
Article 205, relating to offenses committed when someone is in
custody. It would add "telecommunications or electronic recording
device" to the existing definition of "dangerous contraband", and
would be applicable to a number of devices that would be proscribed by
virtue of PL § 205.25 ("Promoting prison contraband in the first
degree").

JUSTIFICATION:

Correctional systems throughout the world are witnessing the
proliferation of contraband cell phones and other telecommunications
devices. While these devices are getting smaller in size, the number
of features that they have are ever expanding.  Today's cell phone
capabilities go well beyond allowing a user to make and receive calls,
which is dangerous enough in a prison situation. Cell phones have the
ability to send and receive text messages, record and transmit
              

photographs and video, all of which can have catastrophic consequences
within a prison setting. Inmates can circumvent the safeguards and
controls imposed on their communications, including monitoring of call
content or call numbers, call blocking, and prohibitions against all
calls where they pose a threat to safety and security. With such
unlimited access, inmates can organize escapes by alerting outside
individuals to prisoners' movements, or sending images of secure
areas. Additionally, inmates may use cell phones to harass witnesses
and victims, interfere with juries, and maintain outside illegal
activity. Compounding the problem, the FCC prohibits the common
methods of interfering or blocking, which would help to reduce the
dangers of cell phone use within the prisons.

A frightening and very real example of what can happen has in fact
happened in Brazil. Cell phones were smuggled into prisons and used to
organize riots at 29 prisons. The result: 15 people were killed and
8,000 guards and relatives were held hostage. In Ontario, an inmate
was charged with running a drug ring from prison. Britain, Thailand,
India, and Japan have all reported incidents of cell phones being
discovered in their prisons. In the united States there are at least
ten states that are contemplating enacting or have already adopted
statutes making it a crime to possess or introduce electronic devices
into their detention facilities: Arkansas, Colorado, Tennessee, Iowa,
Pennsylvania, Mississippi, Ohio, Louisiana, Texas, and Illinois.

It is critical to public safety that all possible measures are
advanced to deter the introduction and possession of this type of
contraband. This bill would ensure that such conduct is Punishable as
a felony under Penal Law § 205.25. currently, violation of Penal Law
205.20 ("Promoting prison contraband in the second degree") is
punishable as .a misdemeanor unless the item introduced or possessed


is "dangerous contraband", which is defined in § 205.00(4) as
"contraband which is capable of such use as may endanger the safety or
security of a detention facility or any person therein" and is
punishable as a D felony under § 205.25. While it is beyond debate
that telecommunications devices and electronic recording devices fit
within that definition, it is important to eliminate any ambiguity in
connection with the interpretation of the statute. This proposal sends
an important message to the public and to the inmate population that
promoting such contraband will not be tolerated and will be punishable
as a felony.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

LEGISLATIVE HISTORY:

2009-10: S.5865 - Passed Senate FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after enactment.