Any person caught in possession of a cell phone intending to deliver it to an inmate would be charged with a misdemeanor, punishable by up to six months in jail and a $5,000 fine per device. Inmates found with a cell phone would lose good time credits. The law also includes provisions to protect visitors who inadvertently bring a cell phone to a state prison with no intention to distribute it, according to a state Senate press release.
California becomes the 44th state, along with the federal government, to take action against cell phone smuggling. It has been become a growing problem: according to the state Senate statement, in 2006, 231 cell phones were confiscated; in 2010, 10,761. One apprehended smuggler had allegedly earned $100,000 providing cell phones to prisoners.
There is also a concern among law enforcement officers that illegally possessed cell phones are being used to engineer criminal activity. According to the state Senate release, 34 gang members were arrested in August 2010 who had allegedly been given instruction by imprisoned gang leaders.
"Cell phones in the hands of inmates are a clear and present threat to the safety of correctional officers, victims and the public," Senator Alex Padilla, who authored the law, said in a statement. The policy took effect immediately following Brown's signing.
