BILL NUMBER: SB 655	CHAPTERED  10/13/07

	CHAPTER  655
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2007
	APPROVED BY GOVERNOR  OCTOBER 13, 2007
	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  AUGUST 27, 2007
	AMENDED IN ASSEMBLY  JULY 3, 2007
	AMENDED IN ASSEMBLY  JUNE 11, 2007
	AMENDED IN SENATE  APRIL 16, 2007

INTRODUCED BY   Senator Margett

                        FEBRUARY 22, 2007

   An act to add Section 4575 to the Penal Code, relating to inmates.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 655, Margett. Inmates: prohibited items.
   Existing law prohibits possession or use of tobacco products by
inmates under the jurisdiction of the Department of Corrections and
Rehabilitation, as specified.
   Existing law generally regulates the conditions of incarceration
for prisoners in a local correctional facility.
   This bill would provide that the unauthorized possession of a
wireless communication device, as specified, by a person in a local
correctional facility is a misdemeanor, punishable by a fine of not
more than $1,000. Because this bill would create a new crime, this
bill would impose a state-mandated local program.
   This bill would also provide that possession of tobacco products,
as specified, by a person housed in a local correctional facility is
an infraction punishable by a fine not exceeding $250 if that
facility is located in a county in which the board of supervisors has
adopted an ordinance or passed a resolution banning tobacco in its
correctional facilities.
   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 is added to the Penal Code, 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) 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.