BILL NUMBER: SB 796	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2011
	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Blakeslee
   (Coauthors: Assembly Members Allen and Valadao)

                        FEBRUARY 18, 2011

   An act to add Section 4139 to the Welfare and Institutions Code,
relating to state hospitals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 796, as amended, Blakeslee. State hospitals: prohibited items:
misdemeanor penalty.
   Existing law provides for state mental hospitals for the treatment
of mentally disordered persons. Existing law places these hospitals
under the jurisdiction of the State Department of Mental Health, and
authorizes the department to adopt uniform rules and regulations
regarding the conduct and management of these facilities, including
prohibiting patients from possessing certain items.
   This bill would make the possession with the intent to deliver, or
delivery, to a patient in a state hospital specified items, if they
have been prohibited for possession by a patient either by statute or
by regulation, a misdemeanor, punishable by a fine not to exceed
$1,000 for each item. The bill would also require the confiscation
from a visitor of an item prohibited for possession by a patient if
discovered upon being searched or subjected to a metal detector and
would require, unless the item is held as evidence, the return of the
item the same day. By creating a new crime, this 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 4139 is added to the Welfare and Institutions
Code, to read:
   4139.  (a) Except as otherwise authorized by law, or when
authorized by the director of the state hospital, and except as
provided in subdivision (b), a person who possesses with the intent
to deliver, or delivers, to a patient in a state hospital  listed
in Section 4100  any item listed in paragraphs (1) to (3),
inclusive, that has been prohibited for possession by a patient
either by statute or by regulation is guilty of a misdemeanor,
punishable by a fine not to exceed one thousand dollars ($1,000) for
each item.
   (1) A cellular telephone or other wireless communication device,
or any component thereof, including, but not limited to, a subscriber
identity card (SIM card) or memory storage device.
   (2) Tobacco products, if the state hospital has a ban on tobacco
products.
   (3) Money, in excess of the limitations and restrictions adopted
by the state hospital.
   (b) If a person visiting a patient in a state hospital  listed
in Section 4100  , upon being searched or subjected to a metal
detector, is found to be in possession of an item prohibited for
patient possession pursuant to subdivision (a), the item shall be
subject to confiscation but shall be returned on the same day the
person visits the patient, unless the item is held as evidence in a
case where the person is cited for a violation of subdivision (a).
If, upon investigation, it is determined that no prosecution will
take place, the item shall be returned to the owner at the owner's
expense. Notice of this provision shall be posted in all areas where
visitors are searched prior to visitation with a patient.
  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.