BILL ANALYSIS
AB 1923
Page 1
Date of Hearing: March 25, 2008
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1923 (Anderson) - As Amended: March 10, 2008
As Proposed to be Amended in Committee
SUMMARY : Prohibits any unauthorized person from possessing a
handcuff key, as defined, in a local correctional facility.
Specifically, this bill :
1)Creates a misdemeanor punishable by up to six months in the
county jail and/or a fine of not more than $1000 for any
person in possession of a handcuff key housed in a local
correctional facility.
2)Defines "handcuff key" as any device designed or intended to
open or unlatch a handcuff.
EXISTING LAW :
1)Authorizes the sheriff in each county to establish, maintain
and operate a store in connection with the county jail and for
this purpose may purchase confectionery, tobacco and tobacco
users' supplies, postage and writing materials, and toilet
articles and supplies and to sell these goods, articles, and
supplies for cash to inmates in the jail. Any profit shall be
deposited in an inmate welfare fund to be kept in the treasury
of the county, as well as 10% of all gross sales of inmate
hobby craft and inmate phone revenues. Any funds that are not
needed for the welfare of the inmates may be expended for the
maintenance of county jail facilities. Maintenance of county
jail facilities may include, but is not limited to, the salary
and benefits of personnel used in the programs to benefit the
inmates, including, but not limited to, education, drug and
alcohol treatment, welfare, library, accounting, and other
programs deemed appropriate by the sheriff. An itemized
report of these expenditures shall be submitted annually to
the board of supervisors. (Penal Code Section 4025.)
2)States that any person who knowingly brings into any state
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prison or other institution under the jurisdiction of CDCR, or
into any prison camp, prison farm, or any other place where
prisoners or inmates of these institutions are located under
the custody of prison or institution officials, officers, or
employees, or into any county, city and county, or city jail,
road camp, farm or any other institution or place where
prisoners or inmates are being held under the custody of any
sheriff, chief of police, peace officer, probation officer, or
employees, or within the grounds belonging to any institution
or place, any alcoholic beverage, any drugs, other than
controlled substances, in any manner, shape, form, dispenser,
or container, or any device, contrivance, instrument, or
paraphernalia intended to be used for unlawfully injecting or
consuming any drug other than controlled substances, without
having authority so to do by the rules of the California
Department of Corrections and Rehabilitation (CDCR), the rules
of the prison, institution, camp, farm, place, or jail, or by
the specific authorization of the warden, superintendent,
jailer, or other person in charge of the prison, jail,
institution, camp, farm, or place, is guilty of a felony.
(Penal Code Section 4573.5.)
3)States any person in a local correctional facility who
possesses a wireless communication device, including, but not
limited to, a cellular telephone, pager, or wireless Internet
device, which is not authorized to possess that item is guilty
of a misdemeanor, punishable by a fine of not more than
$1,000. (Penal Code Section 4575(a).)
4)Provides any person housed in a local correctional facility
who possesses any tobacco products in any form, including
snuff products, smoking paraphernalia, any device that is
intended to be used for ingesting or consuming tobacco, or any
container or dispenser used for any of those products, is
guilty of an infraction, punishable by a fine not exceeding
$250. Money collected pursuant to this section shall be
placed into the inmate welfare fund, as specified. (Penal
Code Section 4575(b) and (c).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Over the last
10 years or so, there has been a growing instances where
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handcuff keys are being smuggled into county jail facilities
throughout the state. Most recently, these problems have
surfaced in Los Angeles, San Diego and San Bernardino
counties. Recently in the Los Angeles County jail, an inmate
while in the attorney visitation room at Men's Central Jail in
downtown Los Angeles, successfully removed his handcuffs using
a handcuff key and stabbed another inmate 32 times. In a
recent Sheriff's Department interview with members of the
Mexican Mafia, members told investigators that at least 1
inmate per row of 25 inmates will possess a handcuff key or
other device capable of opening handcuffs. In Los Angeles
County, investigators interviewed deputies working in the jail
and almost everyone has said that they have caught an inmate
with actual handcuff keys as well and homemade handcuff keys.
This is a growing problem that we wish to address in this
legislation."
2)Comments : Under current law, violations of jail and prison
regulations are punished by withholding credits that would
otherwise reduce the offender's sentence. Penal Code Section
2932(a)(4) states, "Not more than 30 days of credit may be
denied or lost for a single act of misconduct defined by
regulation as a serious disciplinary offense by CDCR." If the
offense is one that could be charged as a misdemeanor, as much
as 90 days may be withheld from the defendant. (Penal Code
Section 2932(a)(3).) Last year, the Legislature enacted SB
655 (Margett), Chapter 655, Statutes of 2007, which created a
misdemeanor for possession of tobacco and wireless
communication devices. Handcuff keys seem as much a security
hazard as cell phones. The author might consider including a
state prison to the places where a person may not possess a
handcuff key.
3)Arguments in Support : The Los Angeles County Sheriffs'
Department states, "Currently, the possession of a handcuff
key by an inmate is not illegal. There are many reasons why
possession of a handcuff key by an inmate is an extremely
dangerous situation for public safety. Inmates who possess a
handcuff key can remove their handcuff enabling them to attack
an officer, escape, or harm a member of the general public.
This bill would make it a crime for unauthorized possession of
a handcuff key in a local correctional facility. Not only
would it serve as a deterrent, but it would also afford us the
ability to conduct a criminal investigation regarding how the
inmate cam into possession of the handcuff key."
AB 1923
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4)Arguments in Opposition : The California Public Defenders
Association (CDPA) states, "While the desire to amend Penal
Code Section 4575 to prohibit the possession of a handcuff key
in local correctional facilities is a laudable goal, the broad
definition set forth in the proposed statutory amendment, to
wit, 'handcuff key' means any device designed or intended to
open unlatch a handcuff' is so broad as raise concerns by
persons employed by public defender offices. Public defender
employees including, but not limited to, attorneys and
investigators, must regularly access the jails in the course
of their duties. As presently drafted, a public defender
employee could be accused of possessing a handcuff key by
unwittingly bringing a paper clip into the jail and an
accusation that the paper clip was intended for use as a
handcuff key. Moreover, as practical matter, CPDA is
concerned about Penal Code Section 4575 to the extent it
contains prohibitions on possession of cell phones and
wireless communication devices. Virtually every lawyer and
investigator carries a cell phone now; accordingly, there is a
great dander that a public defender or investigator will
inadvertently carry a phone into a jail and be charged with a
criminal offense. And in the modern era, much of the
materials a public defender receives from the prosecution,
e.g., photos, documents, videos, etc., are contained on
electronic media (CD and DVD disks) and can only be shared
with the client by sing a computer to display them. Needless
to say, many if not most computers produced today easily fall
within the definition of 'wireless internet device'."
5)Related Legislation : SB 655 (Margett), Chapter 655, Statutes
of 2007, prohibits possession or use of tobacco products and
wireless communication devices by inmates under CDCR's
jurisdiction.
6)Prior Legislation : AB 1267 (Leslie) of the 2005-06
Legislative Session, would have made possession of a wireless
communication device by a prisoner in a state prison or a
county jail a misdemeanor. AB 1267 was held in Senate
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
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California Peace Officers Association
California Police Chiefs Association
Los Angeles County Sheriffs' Department
San Bernardino County Sheriff's Office
Opposition
California Public Defenders Association
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744