BILL NUMBER:S590

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 g
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, we note that at least seven other States (Arkansas, Illinois,
Louisiana, Mississippi, Ohio, Pennsylvania, and Texas) have adopted
statutes making it a crime to possess or introduce electronic devices
into their detention facilities.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.


PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
2534 (Gianaris) - Died in Senate Codes Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Savings will ultimately result from more effective efforts to
eliminate unneeded regulatory mandates on businesses and local
governments in the state.

EFFECTIVE DATE:
15th day after it shall have become law.