BILL NUMBER:S6844

TITLE OF BILL:

An act
to amend the penal law, in relation to the definition of dangerous
contraband

PURPOSE OF BILL:

This bill would amend the Penal Law definition of "dangerous
contraband" that may not be introduced into or possessed in a
detention facility by adding a non-exclusive list of dangerous
contraband.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Penal Law § 205.00, subdivision 4
which defines "dangerous contraband" as it relates to offenses
committed when someone is in custody by adding a non-exclusive list
of items as examples of "dangerous contraband", which would "include,
but not be limited to, a gun, a knife, a cell phone or other wireless
communication device, a laptop computer, a device with global
positioning capabilities, a map, a camera or an explosive".

Section 2 of the bill provides the effective date.
              

EXISTING LAW:

"Contraband" and "dangerous contraband" are both defined in Penal Law
§ 205.00.
"Contraband" means any article that a person confined in a detention
facility is prohibited from obtaining or possessing, and "dangerous
contraband" means "contraband" that is capable of a use that "may
endanger the safety or security of a detention facility or any person
therein". It is a class A misdemeanor (Penal Law § 205.20, "Promoting
Prison Contraband in the Second Degree") to introduce "contraband"
into or possess "contraband" in a detention facility. It is a class D
felony (Penal Law § 205.25, "Promoting Prison Contraband in the First
Degree") to introduce "dangerous contraband" into or possess
"dangerous contraband" in a detention facility.

PRIOR LEGISLATIVE HISTORY:

This is a new bill. A similar bill was introduced in 2009-10 (S.5865)
and 2011 (S.3782) that added telecommunication or electronic
recording devices to the definition of dangerous contraband.

STATEMENT IN SUPPORT:

According to the Court of Appeals in People v. Finely, 10 N.Y.3d 647
(2008), the determination of whether a particular item is
"contraband" or "dangerous contraband" is based on the "substantial
probability that the item will be used in a manner that is likely to
cause death or other serious injury, to facilitate escape, or to
bring about other major threats to a detention facility's


institutional safety or security." Items such as knives, guns or
explosives are clearly "dangerous contraband". However, cell phones,
laptop computers, global positioning devices, maps or cameras are
just as dangerous when possessed by an inmate in a detention facility.
Inmates who possess this technology can circumvent the safeguards and
controls imposed on their communications. Moreover, inmates could
utilize such technology in real time to organize an escape, use a
laptop computer to run an illegal organization and more readily
engage in criminal conduct.

BUDGET IMPLICATIONS:

This bill would have no budgetary impact.

EFFECTIVE DATE:

This bill would take effect 30 days after it becomes a law.