Calif. mulls criminalizing cell phones in prison

One California state senator is trying to crack down on inmates using cell phones while serving time.

California State Senator John Benoit discusses cracking down on cell phones in prison during a press conference.

(Credit: Senator Benoit's staff)

Prison inmates in California aren't really permitted to have cell phones. They have to forfeit their devices before being locked up. But that hasn't stopped thousands of phones from being smuggled into prisons each year. In fact, officials say that the number of cell phones confiscated in California prisons has doubled in the last year from 1,400 devices in 2007 to about 2,800 in 2008. And the problem appears to be getting worse this year.

Currently, being in possession of a cell phone or smuggling it in for someone else is only a rules violation. But California State Sen. John Benoit wants to make it a misdemeanor crime with a maximum penalty of a $5,000 fine for a prisoner to possess a cell phone in any state prison.

Benoit and representatives from the California Department of Corrections and Rehabilitation held a press conference Tuesday to discuss the new bill he is introducing called SB 434.

Allowing prisoners to access cell phones is a huge problem, because many inmates use them to plan escapes, plot violent crimes both inside and outside of the facility, and to conduct drug deals, officials said.

"Cell phone smuggling into California's prisons is a very serious and growing problem," Matthew Cate, secretary of the California Department of Corrections and Rehabilitation, said during the press conference. "Public safety officials in prisons and prosecutors on the outside need additional tools to combat cell phone smuggling to inmates."

Part of the problem seems to stem from prison guards who are often part of the smuggling ring. According to the Sacramento Bee, sworn and civilian correctional employees are suspected of smuggling in more than half of the cell phones that end up in prisons. And it's not difficult to understand why, when some inmates are willing to pay up to $1,000 per phone. One prison employee admitted to the newspaper that he made up to $100,000 in one year smuggling phones into the prison where he worked.

[volterwd]

You know what also works. Not filling up the prisons.

[zonetuke]

the prisons should simply jam all cell frequencies in prisons. problem solved.

[EJannell]

CDCR has tried this before. But the jamming signal interferes not only with their own phones, but also with the home and cell phones of people who live in the neighborhoods around the prison. So the answer is not that simple.

Elaina Jannell, Ph.D.
AFSCME Local 2620

[zzyzxdude]

To jam the signals is in violation of FCC rules and a felony.

[EJannell]

Smuggling in any kind of contraband is against either the law or the against the rules. Certainly, we all make errors sometimes and may accidently bring in something that is not allowed. But those employees, officers and staff, who bring in contraband with the intention of selling these items to inmates have not reached a high enough level of moral development to be working in corrections. They are supposed to be role models to the inmates, not business partners. Our ability to rehabilitate is constantly undermined when officers and staff cannot control their own behavior enough to show by example how an upstanding citizen behaves, even in the face of extreme temptation.

Elaina Jannell, Ph.D.
AFSCME Local 2620

[SergeM256]

Perhaps, instead of making a new law they should learn how to enforce existing law . Possession of cell phone is against rules - some prisoner's privileges could be revoked and early release "for good behavior" could be out of question. How many prisoners would risk loosing eligibility for parole because of cell phone? Besides, cell phone is relatively easy to find with a scanner.

[ledhead1962]

Gee ya think so? What is up with the guards? They always talk about personal safety (rightly so) and then bring in cell phones. Sounds like some of the guards need to experience the other side of the fence.

[Eddie-c]

Totally pointless, when banned items - and especially drugs - get through all the time; plus a bunch of them are probably on the take anyway. Better solution ... for the hard-core cases, put the perps in little boxes, total solitutude and have little slots for the meals to be pushed through.

[aka_tripleB]

Here's an idea. How about putting cell phone jammers in prisons?

[satchrox]

what MOST people don't know is that at a typical prison CORRECTIONAL OFFICERS (this isn't the 60's anymore) make up about half to 2/3 of the staff on a given shift, the rest are counselors, administrative staff, free staff (cook supervisors, religious volunteers etc), medical personnel etc...almost ALL of these staff have cell phones and direct contact with inmates, so how is one going to determine that possession of a cell phone is personal use or destined for an inmate? these phones are used for work purposes and some are personal. This changes nothing, drugs get through and inmates are constantly caught with them despite that being a felony and life in prison for someone with 2 strikes and it stops nothing.

[Dalkorian]

You know, the prisoners are there because they have little respect for the law already (notice I'm not arguing they deserve to be there). Punishing them further for getting cell phones is kind of ridiculous - they likely know it's against the rules and they don't care. The answer is to stop the phones from getting to them to begin with - start with punishing the guards who are profiting over this. Severely.

As to comments like "how is one going to determine that possession of a cell phone is personal use or destined for an inmate?", I say it doesn't matter. Cell phones don't belong in prisons, period. If you can't deal with being without your self absorbed toy for a few hours, maybe you shouldn't be working in a prison to begin with. A cell phone is NOT required to live in today's society, that's just bull invented by a group of pseudo-grownups who desperately cling to their self absorbed toy like a spoiled rotten 12 year old. Notice our parent's (maybe grandparents in some cases) generation lived long lives without having cell phones 24/7, how do you think they did it? Magic?

[zzyzxdude]

The majority of those with cell phones know well that their days of communication freedom are numbered by pending laws and actions against them. A good many of those prisoners read these comments. The fact is the powers DO NOT want to place felony restrictions on cell phone smuggling or use/possession by prisoners. Have you asked yourself why? The first part of the answer has to do with the perceived threat to public safety. It just doesn't exist as they would like you to believe. The second part is employee unions wanting to protect the dues paying base.

Those prisoners I am in contact with are predominantly lifers. They are not plotting crimes or breaking any laws. Admittedly, they are in violation of contraband rules, but the benefit of unfettered communication and access to the WEB far outweighs the risk of punishment.

I have assisted these men locate old friends and family thought never to be located again. One man through Classmates.com was able to track down his daughter and son. They now have visits as often as is economically feasible.

Few people can comprehend what it is like to be isolated in a cold gray world for decades, held years beyond a maximum matrix parole date all due to political posturing. All of a sudden to have the world wide web open up before them is like exposing a jungle dweller to civilization.

Until some law says otherwise, I have a right to answer my phone.

[ISDGBE2520]

Mobile phone abuse in prisons exists for many years already and is not limited to the USA.
In fact this problem is known for several years already in Europe, Latin America, Asia, ...
The current means of control and sanctions cannot solve the problem.
The only way to deal with this problem is to simply make sure that the communication (frequency) channels are blocked.
Despite the fact that several systems have failed already, there is in fact a company that provides tailor-made blocking solutions, guaranteeing there will be no disturbance for the neighbourhood, nor do they influence the public health. In Europe this has been demonstrated in many prisons already.

[jonathanborenstein]

The fact of the matter, is that most prisoners with cell phones, aren't planning and plotting hits on someone getting ready to testify, they're not making drug deals, they're not usually doing anything more than probably talking to their loved ones on the outside.
Because of whatever reasons cited by the phone companies, the rates for telephone calls made from prison or jails, are just as or even more criminal than the people making the calls...but it's usually not the prisoner paying the price, but their loved ones being charged outrageous fees by the phone companies...
There is no option to use any other carrier, than what is given, and to top it all off....the Dept.ofCorrections and their members, receive a kickback from the phone companies which goes towards their retirement or 401k....
The fact is, if the price of phone calls wasn't so overpriced to the point of basic extortion, prisoners wouldn't feel it necessary to circumvent allowed procedure.
The real criminals in prison aren't just the prisoners, but the badgeholders, which is even worse, because they had a sworn duty to uphold the laws they constantly break, and feel they are above.