Relates to the definition of dangerous contraband

BILL NUMBER:S6844

Title of bill

An act to amend the penal law, in relation to the definition of dangerous contraband

Purpose of bill

This bill would amend the Penal Law definition of "dangerous contraband" that may not be introduced into or possessed in a detention facility by adding a non-exclusive list of dangerous contraband.

Summary of provisions

Section 1 of the bill would amend Penal Law § 205.00, subdivision 4 which defines "dangerous contraband" as it relates to offenses committed when someone is in custody by adding a non-exclusive list of items as examples of "dangerous contraband", which would "include, but not be limited to, a gun, a knife, a cell phone or other wireless communication device, a laptop computer, a device with global positioning capabilities, a map, a camera or an explosive".

Section 2 of the bill provides the effective date.

Existing law

"Contraband" and "dangerous contraband" are both defined in Penal Law § 205.00. "Contraband" means any article that a person confined in a detention facility is prohibited from obtaining or possessing, and "dangerous contraband" means "contraband" that is capable of a use that "may endanger the safety or security of a detention facility or any person therein". It is a class A misdemeanor (Penal Law § 205.20, "Promoting Prison Contraband in the Second Degree") to introduce "contraband" into or possess "contraband" in a detention facility. It is a class D felony (Penal Law § 205.25, "Promoting Prison Contraband in the First Degree") to introduce "dangerous contraband" into or possess "dangerous contraband" in a detention facility.

Prior legislative history

This is a new bill. A similar bill was introduced in 2009-10 (S.5865) and 2011 (S.3782) that added telecommunication or electronic recording devices to the definition of dangerous contraband.

Statement in support

According to the Court of Appeals in People v. Finely, 10 N.Y.3d 647 (2008), the determination of whether a particular item is "contraband" or "dangerous contraband" is based on the "substantial probability that the item will be used in a manner that is likely to cause death or other serious injury, to facilitate escape, or to bring about other major threats to a detention facility's

institutional safety or security." Items such as knives, guns or explosives are clearly "dangerous contraband". However, cell phones, laptop computers, global positioning devices, maps or cameras are just as dangerous when possessed by an inmate in a detention facility. Inmates who possess this technology can circumvent the safeguards and controls imposed on their communications. Moreover, inmates could utilize such technology in real time to organize an escape, use a laptop computer to run an illegal organization and more readily engage in criminal conduct.

Budget implications

This bill would have no budgetary impact.

Effective date

This bill would take effect 30 days after it becomes a law.