Expands the definition of dangerous contraband to include telecommunications and electronic recording devices

BILL NUMBER:S2383

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

2014:Senate Bill #590(Gianaris)-Died in Senate Codes Committee 2013:Senate Bill #590(Gianaris)-Died in Senate Codes Committee 2012:Senate Bill #2534(Gianaris)- Died in Senate Codes Committee

Fiscal implications for state and local governments

None.

Effective date

15th day after it shall have become law.