SB66 Alabama 2011 Session

Existing law establishes various offenses relating to the unauthorized provision of specified items to persons confined in local and state correctional facilities

This bill would provide, subject to exceptions, that it shall be unlawful for an inmate to possess a cellular telephone, wireless communication device, or computer that allows the input, output, examination, or transfer of computer programs from one computer to another person or for a person to possess with the intent to deliver, or delivers, to an inmate in the custody of the Alabama Department of Corrections a cellular telephone, wireless communication device, or computer that allows the input, output, examination, or transfer of computer programs from one computer to another person

This bill would provide criminal penalties

This bill would provide that the crime of unauthorized possession of a cellular telephone, wireless communication device, or a computer that allows the input, output, examination, or transfer of computer programs from one computer to another person by an inmate should not be construed to repeal other criminal laws

This bill would also provide that if a person visiting an inmate is found to be in possession of any cellular telephone, wireless communication device, or computer that allows the input, output, examination, or transfer of computer programs from one computer to another person when searched or subjected to a metal detector, that cellular telephone or wireless communication device shall be subject to confiscation

This bill would require posted notices regarding the search and confiscation provisions

This bill would allow the Alabama Department of Corrections to enter into an agreement or contract to detect unauthorized inmate communications by cellular telephone or other wireless communication devices

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to the Alabama Department of Corrections; to provide, subject to exceptions, that it shall be unlawful for an inmate to possess a cellular telephone, wireless communication device, or computer that allows the input, output, examination, or transfer of computer programs from one computer to another person or for a person to possess with the intent to deliver, or delivers, to an inmate in the custody of the Alabama Department of Corrections a cellular telephone, wireless communication device, or computer that allows the input, output, examination, or transfer of computer programs from one computer to another person; to provide criminal penalties; to provide that the crime of unauthorized possession of a cellular telephone, wireless communication device, or a computer that allows the input, output, examination, or transfer of computer programs from one computer to another person by an inmate should not be construed to repeal other criminal laws; to provide that if a person visiting an inmate is found to be in possession of any cellular telephone, wireless communication device, or computer that allows the input, output, examination, or transfer of computer programs from one computer to another person when searched or subjected to a metal detector, that cellular telephone or wireless communication device shall be subject to confiscation; to require posted notices regarding the search and confiscation provisions; to allow the Alabama Department of Corrections to enter into an agreement or contract to detect unauthorized inmate communications by cellular telephone or other wireless communication devices; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.