BILL NUMBER:  S2395

 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 devices" 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. These devices pose a serious threat to public safety in
several important ways. Such devices allow inmates to circumvent the
safeguards and controls imposed on their communications, including the
monitoring of the content of calls or numbers called, blocks on calls
to certain numbers, and prohibitions against all phone communications
where they pose a threat to safety and security. With such unlimited
              

access, inmates are able to organize escapes by, for example, alerting
outside individuals to prisoners' movements, Or sending images of
secure areas. Inmates can organize prison disturbances, continue to
harass witnesses and victims (including their victims of domestic
violence) and interfere with members of juries. They are also able to
use such devices to arrange for introduction of contraband into
detention facilities or continue their outside illegal activities.

It is therefore essential to public safety that all possible measures
be taken to deter the introduction and possession of such contraband.
This bill would ensure that such conduct is punishable as a felony
under PL 205.25. Under PL Article 205, promoting prison contraband is
a misdemeanor (PL § 205.20) unless the item introduced or possessed is
"dangerous contraband", which term is defined in PL § 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 punishable
as a D felony under PL § 205.25. While it should be beyond debate that
telecommunications devices fit within that definition, it is important
to eliminate any ambiguity in connection with the interpretation of
the statute. This proposal will also send an important message to the
public and to the inmate population that promoting such contraband
will be punishable as a felony.

Finally, an ever-increasing number of States, including Alabama,
Arkansas, Indiana, Illinois, Iowa, Kentucky, Louisiana, Michigan,
Mississippi, North Carolina, Ohio, Pennsylvania, Rhode Island, South
Dakota and Texas have adopted statutes making it a crime to possess or
introduce electronic devices into their detention facilities.

 PRIOR LEGISLATIVE HISTORY :

2016: Passed Senate
2015: Passed Senate
2014: Died in Senate Codes Committee
2013: Died in Senate Codes Committee
2012: Died in Senate Codes Committee

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.
 EFFECTIVE DATE :
15th day after it shall have become law.