SENATE, No. 734

STATE OF NEW JERSEY

218th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

Sponsored by:

Senator  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

     Authorizes Commissioner of Corrections to establish program to operate managed cellular access system within State correctional facilities.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning managed cellular access systems in State correctional facilities and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    As used in P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     "Commissioner" means the Commissioner of Corrections.

     “Managed cellular access system” means a communications system consisting of technology and equipment which deploy a secure cellular communications network within the bounds of a State correctional facility to permit the authorized transmission of voice, text messages, images, and other data to and from cellular telephones and other wireless communications devices.

     “State correctional facility” means a State prison or other penal institution.

     2.    a.  The commissioner is authorized to establish a program within the department to install and operate at a State correctional facility a managed cellular access system.

     b.    If a managed cellular access system is established pursuant to subsection a. of this section, the commissioner shall ensure that the managed cellular access system:

     (1)   operates in a manner consistent with applicable federal statutory law, rules, and regulations;

     (2)   does not interfere with the transmission or reception of 9-1-1 and other emergency communications;

     (3)   operates at the lowest possible transmission power level necessary to permit the authorized transmission of voice, text messages, images, and other data to and from cellular telephones and other wireless communications devices; and

     (4)   operates in a manner that does not interfere with the transmission and reception of signals from cellular telephones and other wireless communications devices that originate and terminate outside of a State correctional facility by operating the managed cellular access system on a directionalized basis, by utilizing all other interference–limiting capabilities of the managed cellular access system, or by otherwise limiting the operation of the managed cellular access system.

     3.    The commissioner shall annually report to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on the effectiveness of the program if the program is established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     4.    This act shall take effect immediately, but shall remain inoperative for 60 days following the date of enactment.

STATEMENT

     This bill authorizes the Commissioner of Corrections (commissioner) to establish a program within the Department of Corrections to install and operate within State correctional facilities a managed cellular access system.  A managed cellular access system is a communications system consisting of technology and equipment which deploys a secure cellular communications network within the bounds of a State correctional facility to permit the authorized transmission of voice, text messages, images, and other data to and from cellular telephones and other wireless communications devices.

     If established, the bill requires the commissioner to implement a managed cellular access system that does not interfere with 9-1-1 and other emergency communications and that operates at the lowest possible transmission power level necessary to manage the authorized transmission and reception of signals from cellular telephones and other wireless communications devices originating from or terminating within State correctional facilities.  The bill also prohibits the system from interfering with the transmission and reception of signals from cellular telephones and other wireless communications devices originating from and terminating outside of State correctional facilities.

     If established, the commissioner is to annually report to the Governor and the Legislature on the effectiveness of the program.