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For Immediate Release
Contact: Seth Unger, CDCR (916) 445-4950
Contact: Kyle Packham, Benoit (916) 651-4037

April 14, 2009

Lawmakers Push to Criminalize Prison Cell Phone Smuggling as Problem Spreads

Discoveries of contraband cell phones in California prisons doubled in 2008 from the year before, with over 2,800 seized. A standardized reporting system was put in place by CDCR last year to allow all prisons to uniformly report the number of confiscated phones. As record keeping has improved, the scope of the problem has become clearer.


Benoit Legislation Provides Much Needed Penalties to Deter Inmates, Associates, Visitors, and Staff from Engaging in Smuggling

SACRAMENTO – Cell phone smuggling into prisons is on the rise in California, and has prompted lawmakers to join together to propose criminal penalties to deter inmates, their associates, visitors, and staff from engaging in this dangerous activity.  Today, Senator John Benoit (R – Bermuda Dunes) stood with fellow legislators and California Department of Corrections and Rehabilitation (CDCR) Secretary Matthew Cate to introduce Senate Bill 434 (Benoit) which would create criminal penalties for anyone engaged in smuggling cell phones into state prisons.  The legislation is strongly supported by the Schwarzenegger Administration, and co-authored by Senators Alex Padilla (D – San Fernando Valley), Bob Huff (R – Diamond Bar), and Mark Leno (D – San Francisco).

“Cell phone smuggling into California’s prisons is a very serious and growing problem. Public safety officials in prisons and prosecutors on the outside need additional tools to combat cell phone smuggling to inmates,” said Matthew Cate, CDCR Secretary. “Illegal cell phones are used to circumvent supervision of conversations, and can be used by inmates to orchestrate criminal activity, plan escapes, and be a menace outside of prison walls.  Cell phones continue to be made smaller and more advanced as technology improves, making them easier to smuggle and more dangerous.  Contraband cell phones in the hands of convicted felons in prisons present a serious security threat.”

Discoveries of contraband cell phones in California prisons doubled in 2008 from the year before, with over 2,800 seized.  A standardized reporting system was put in place by CDCR last year to allow all prisons to uniformly report the number of confiscated phones.  As record keeping has improved, the scope of the problem has become clearer.

“Smuggled cell phones empower dangerous gangs, including organized criminal networks, which are deeply rooted in our prison system.  We know that inmates smuggle cell phones into prison or coax others to sneak the phones in for them when they come to visit,” said Senator Benoit.  “Until we make it illegal for inmates or their associates to participate in cell phone smuggling, and criminalize in-prison possession of a cell phone, it will be hard to deter this activity.”

Prison staff has the ability to monitor all inmate calls that are made through the traditional inmate phone system.  Contraband cell phones circumvent this system, and have been used by inmates to coordinate escapes, communicate with inmates in other prisons, and direct illegal activities on the streets. Modern cell phones can capture video images, record conversations, and allow for internet access.  


“Cell phone smuggling into California’s prisons is a very serious and growing problem. Public safety officials in prisons and prosecutors on the outside need additional tools to combat cell phone smuggling to inmates.”

— Matthew Cate, CDCR Secretary

Current law lacks a criminal penalty for inmate possession of cell phones.  There is also no penalty for smuggling cell phones into state prisons.  SB 434 would remedy this deficiency in state law by making it a misdemeanor for a prisoner to possess a cell phone in any state prison.  Furthermore, SB 434 would make it a misdemeanor for any individual to attempt to smuggle a cell phone into a state prison.  Current law (SB 655, 2007) makes it a misdemeanor, with a fine of less than $1,000, for the unauthorized possession of a cell phone in county jail only.

In December 2007, CDCR established a Warden's Advisory Group (WAG) on cell phone interdiction. This group has examined techniques for detection and seizure of cell phones, and is exploring related technologies.  As part of the efforts to combat contraband cell phones in prisons, CDCR has increased detection efforts.  Prisons currently utilize a variety of detection techniques, including random searches of staff, visitors, and inmates.  There is also increased security at prison entrances, and utilization of x-rays and other detection devices in mail room processing. In addition, a new pilot project is underway to train a dog to help detect hidden phones in prison cells.  CDCR has considered signal blocking devices that would allow for cell phones to be jammed, but at this point Federal Communications Commission regulations prohibit the use of this technology.

“Our prison security and investigation staff is getting much better at finding illegal cell phones,” Secretary Cate continued. “What we need now is a deterrent to stop the smuggling before it even gets to the front gate.”