BILL NUMBER: AB 1923	CHAPTERED  07/22/08

	CHAPTER  190
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  APRIL 24, 2008
	AMENDED IN ASSEMBLY  APRIL 2, 2008
	AMENDED IN ASSEMBLY  MARCH 10, 2008

INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 12, 2008

   An act to amend Section 4575 of the Penal Code, relating to
correctional facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1923, Anderson. Local correctional facilities: contraband.
   Existing law generally regulates the conditions of incarceration
for prisoners in a local correctional facility, and specifically
prohibits the unauthorized possession of a wireless communication
device or the possession of tobacco products by inmates, as defined.
   This bill would prohibit any unauthorized person housed in a local
correctional facility from possessing a handcuff key, as defined. A
violation of that provision would be a misdemeanor. Because the bill
would create a new crime, the bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4575 of the Penal Code is amended to read:
   4575.  (a) 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, who is
not authorized to possess that item is guilty of a misdemeanor,
punishable by a fine of not more than one thousand dollars ($1,000).
   (b) 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 two hundred fifty dollars ($250).
   (c) Money collected pursuant to this section shall be placed into
the inmate welfare fund, as specified in Section 4025.
   (d) Any person housed in a local correctional facility who
possesses a handcuff key who is not authorized to possess that item
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding six months, or by a fine of up to one thousand
dollars ($1,000), or by both that imprisonment and fine. As used in
this subdivision, "handcuff key" means any device designed or
intended to open or unlatch a handcuff.
   (e) Subdivision (b) shall only apply to a person in a local
correctional facility in a county in which the board of supervisors
has adopted an ordinance or passed a resolution banning tobacco in
its correctional facilities.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.