AB 254: Contraband in state prisons.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-05-24
Existing law requires the Department of Corrections and Rehabilitation (CDCR) to develop policies related to its contraband interdiction efforts for individuals entering CDCR detention facilities, including, but not limited to, the establishment of unpredictable, random search efforts and methods, as specified.
This bill would require the policies developed by CDCR to include comprehensive searches of all persons entering CDCR adult facilities instead of random search efforts and methods, as specified. The bill would make these requirements inapplicable to a facility subject to closure as of January 1, 2022. The bill would require CDCR to conduct an evaluation of its contraband interdiction policy and provide an annual report to the Legislature on January 1 each year, as specified.
Existing law requires the Department of Corrections and Rehabilitation (CDCR) to develop policies related to its contraband interdiction efforts for individuals entering CDCR detention facilities, including, but not limited to, the establishment of unpredictable, random search efforts and methods, as specified.
This bill would require the policies developed by CDCR to include comprehensive searches of all persons entering CDCR adult facilities, facilities instead of random search efforts and methods, as specified. The bill would require CDCR to conduct an evaluation of its contraband interdiction policy and provide an annual report to the Legislature on January 1 each year, as specified.
Existing law requires the Department of Corrections and Rehabilitation (CDCR) to develop policies related to its contraband interdiction efforts for individuals entering CDCR detention facilities, including, but not limited to, the establishment of unpredictable, random search efforts and methods, as specified.
This bill would require the policies developed by CDCR to include comprehensive searches of all persons entering CDCR adult facilities, as specified. The bill would require CDCR to conduct an evaluation of its contraband interdiction policy and provide an annual report to the Legislature on January 1 each year, as specified.
Existing law requires the Department of Corrections and Rehabilitation (CDCR) develop policies related to its contraband interdiction efforts for individuals entering CDCR detention facilities. Existing law, until January 1, 2022, requires CDCR to design a specified contraband interdiction pilot program that, among other things, requires entrance screening to be conducted on every individual and package entering the state prison facility located in the County of Kings at Corcoran.This bill would express the intent of the Legislature to enact legislation to reduce contraband use within prisons under CDCRs jurisdiction.Existing law requires the Department of Corrections and Rehabilitation (CDCR) develop policies related to its contraband interdiction efforts for individuals entering CDCR detention facilities. Existing law, until January 1, 2022, requires CDCR to design a specified contraband interdiction pilot program that, among other things, requires entrance screening to be conducted on every individual and package entering the state prison facility located in the County of Kings at Corcoran.
This bill would express the intent of the Legislature to enact legislation to reduce contraband use within prisons under CDCRs jurisdiction.
(a)The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the departments contraband interdiction efforts for individuals entering CDCR detention facilities. When developed, these policies shall include, but not be limited to, the following specifications:
(1)Application to all individuals, including visitors, all department staff, including executive staff, volunteers, and contract employees.
(2)All visitors attempting to enter a CDCR detention facility shall be informed that they may refuse to be searched by a passive alert dog.
(3)All visitors attempting to enter a CDCR detention facility who refuse to be searched by a passive alert dog shall be informed of options, including, but not limited to, the availability of a noncontact visit.
(4)All individuals attempting to enter a CDCR detention facility, who have a positive alert for contraband by an electronic drug detection device, a passive alert dog, or other technology, shall be informed of further potential search or visitation options.
(5)Establishment of a method by which an individual may demonstrate an authorized health-related use of a controlled substance when a positive alert is noted by an electronic drug detection device, a passive alert dog, or other technology.
(6)Establishment of specific requirements for additional search options when multiple positive alerts occur on an individual employee within a specified timeframe.
(7)Require comprehensive searches of all persons entering CDCR adult facilities, including the search of personal property brought inside the facility. These searches may include the use of full-body scanners and baggage and parcel x-ray devices to detect contraband.
(b)CDCR shall conduct an evaluation of the policy described in this section and provide an annual report to the Legislature on January 1 each year, starting on January 1, 2023. The report shall include, but not be limited to, all of the following:
(1)An assessment of the relative cost-effectiveness in reducing inmate drug use of each contraband interdiction strategy used in the policy.
(2)Data on and analysis of instances of contraband entering the prison, including, but not limited to, the following:
(A)How the contraband was brought or attempted to be brought into the prison.
(B)When the violation occurred.
(C)Whether the person who is alleged to have committed the violation is an inmate, staff member, visitor, volunteer, contractor, or other.
(D)The type of contraband involved.
(E)How the violation was discovered.
(F)Data on and analysis of arrests resulting from the violation, including, but not limited to, the number and type of arrests.
(G)Data on and analysis of disciplinary actions taken against staff or inmates as a result of their participation in efforts to bring contraband into the prison.
(3)An assessment of whether the policy caused declines in or any other observable impact on visitation.
(4)An assessment of whether the policy caused changes in the prevalence of violence or lockdowns in the prison.
(5)Any other data the department determines has probative value as to the efficacy of the new policy.
(c)The reports to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(d)The requirements imposed by the act that added this subdivision do not apply to a facility that the department has announced is subject closure as of January 1, 2022.
(a)The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the departments contraband interdiction efforts for individuals entering CDCR detention facilities. When developed, these policies shall include, but not be limited to, the following specifications:
(1)Application to all individuals, including visitors, all department staff, including executive staff, volunteers, and contract employees.
(2)Use of methods to ensure that profiling is not practiced during random searches or searches of all individuals entering the prison at that time.(3)Establishment of unpredictable, random search efforts and methods that ensures that no one, except department employees specifically designated to conduct the random search, shall have advance notice of when a random search is scheduled.(4)(2)All visitors attempting to enter a CDCR detention facility shall be informed that they may refuse to be searched by a passive alert dog.
(5)(3)All visitors attempting to enter a CDCR detention facility who refuse to be searched by a passive alert dog shall be informed of options, including, but not limited to, the availability of a noncontact visit.
(6)(4)All individuals attempting to enter a CDCR detention facility, who have a positive alert for contraband by an electronic drug detection device, a passive alert dog, or other technology, shall be informed of further potential search or visitation options.
(7)(5)Establishment of a method by which an individual may demonstrate an authorized health-related use of a controlled substance when a positive alert is noted by an electronic drug detection device, a passive alert dog, or other technology.
(8)(6)Establishment of specific requirements for additional search options when multiple positive alerts occur on an individual employee within a specified timeframe.
(9)Required(7)Require comprehensive searches of all persons entering CDCR adult facilities, including the search of personal property brought inside the facility. These searches may include the use of full-body scanners and baggage and parcel x-ray devices to detect contraband.
(b)CDCR shall conduct an evaluation of the policy described in this section and provide an annual report to the Legislature on January 1 each year, starting on January 1, 2023. The report shall include, but not be limited to, all of the following:
(1)An assessment of the relative cost-effectiveness in reducing inmate drug use of each contraband interdiction strategy used in the policy.
(2)Data on and analysis of instances of contraband entering the prison, including, but not limited to, the following:
(A)How the contraband was brought or attempted to be brought into the prison.
(B)When the violation occurred.
(C)Whether the person who is alleged to have committed the violation is an inmate, staff member, visitor, volunteer, contractor, or other.
(D)The type of contraband involved.
(E)How the violation was discovered.
(F)Data on and analysis of arrests resulting from the violation, including, but not limited to, the number and type of arrests.
(G)Data on and analysis of disciplinary actions taken against staff or inmates as a result of their participation in efforts to bring contraband into the prison.
(3)An assessment of whether the policy caused declines in or any other observable impact on visitation.
(4)An assessment of whether the policy caused changes in the prevalence of violence or lockdowns in the prison.
(5)Any other data the department determines has probative value as to the efficacy of the pilot program. new policy.
(c)The reports to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
REVISIONS: HeadingLine 2.(a)The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the departments contraband interdiction efforts for individuals entering CDCR detention facilities. When developed, these policies shall include, but not be limited to, the following specifications:
(a)(1)Application to all individuals, including visitors, all department staff, including executive staff, volunteers, and contract employees.
(b)(2)Use of methods to ensure that profiling is not practiced during random searches or searches of all individuals entering the prison at that time.
(c)(3)Establishment of unpredictable, random search efforts and methods that ensures that no one, except department employees specifically designated to conduct the random search, shall have advance notice of when a random search is scheduled.
(d)(4)All visitors attempting to enter a CDCR detention facility shall be informed that they may refuse to be searched by a passive alert dog.
(e)(5)All visitors attempting to enter a CDCR detention facility who refuse to be searched by a passive alert dog shall be informed of options, including, but not limited to, the availability of a noncontact visit.
(f)(6)All individuals attempting to enter a CDCR detention facility, who have a positive alert for contraband by an electronic drug detection device, a passive alert dog, or other technology, shall be informed of further potential search or visitation options.
(g)(7)Establishment of a method by which an individual may demonstrate an authorized health-related use of a controlled substance when a positive alert is noted by an electronic drug detection device, a passive alert dog, or other technology.
(h)(8)Establishment of specific requirements for additional search options when multiple positive alerts occur on an individual employee within a specified timeframe.
(i)In determining which additional search options to offer visitors and staff, CDCR shall consider the use of full-body scanners.(j)CDCR shall conduct an evaluation of a policy described in this section and provide an interim report to the Legislature by June 30, 2016, and a final report to the Legislature on April 30, 2017. This evaluation shall include, but not be limited to, the impact of the policy on:(1)The amount of contraband, including drugs and cellular phones, found in the prisons where the policy was implemented.(2)The number of staff assaults that occurred in the prisons where the policy was implemented.(3)The number of serious rules violation reports issued in prisons where the policy was implemented, including any reduction in offender violence.(4)The rates of drug use by inmates in the prisons where the policy was implemented.(k)(1)The requirement for submitting a report imposed under subdivision (j) is inoperative on June 30, 2020, pursuant to Section 10231.5 of the Government Code.(2)(9)Required comprehensive searches of all persons entering CDCR adult facilities, including the search of personal property brought inside the facility. These searches may include the use of full-body scanners and baggage and parcel x-ray devices to detect contraband.
(b)CDCR shall conduct an evaluation of the policy described in this section and provide an annual report to the Legislature on January 1 each year, starting on January 1, 2023. The report shall include, but not be limited to, all of the following:
(1)An assessment of the relative cost-effectiveness in reducing inmate drug use of each contraband interdiction strategy used in the policy.
(2)Data on and analysis of instances of contraband entering the prison, including, but not limited to, the following:
(A)How the contraband was brought or attempted to be brought into the prison.
(B)When the violation occurred.
(C)Whether the person who is alleged to have committed the violation is an inmate, staff member, visitor, volunteer, contractor, or other.
(D)The type of contraband involved.
(E)How the violation was discovered.
(F)Data on and analysis of arrests resulting from the violation, including, but not limited to, the number and type of arrests.
(G)Data on and analysis of disciplinary actions taken against staff or inmates as a result of their participation in efforts to bring contraband into the prison.
(3)An assessment of whether the policy caused declines in or any other observable impact on visitation.
(4)An assessment of whether the policy caused changes in the prevalence of violence or lockdowns in the prison.
(5)Any other data the department determines has probative value as to the efficacy of the pilot program.
(c)The reports to be submitted pursuant to subdivision (j) (b) shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.It is the intent of the Legislature to enact legislation to reduce contraband use within prisons under the jurisdiction of the Department of Corrections and Rehabilitation.It is the intent of the Legislature to enact legislation to reduce contraband use within prisons under the jurisdiction of the Department of Corrections and Rehabilitation.
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Date
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Status
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| Aug 11, 2022 | In committee: Held under submission. |
| Aug 8, 2022 | In committee: Referred to suspense file. |
| Aug 16, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jul 6, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 6). Re-referred to Com. on APPR. |
| Jun 9, 2021 | Referred to Com. on PUB. S. |
| Jun 2, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1752.) |
| May 25, 2021 | Read second time. Ordered to third reading. |
| May 24, 2021 | Read second time and amended. Ordered returned to second reading. |
| May 20, 2021 | From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (May 20). |
| Apr 28, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 14, 2021 | Coauthors revised. |
| Apr 7, 2021 | Re-referred to Com. on PUB. S. |
| Apr 6, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 22, 2021 | Re-referred to Com. on PUB. S. |
| Mar 18, 2021 | Referred to Com. on PUB. S. |
| Jan 15, 2021 | From printer. May be heard in committee February 14. |
| Jan 14, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Jun 1, 2021 | AB 254 Jones-Sawyer Assembly Third Reading | Assembly Floor |
Passed |
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