BILL NUMBER: SB 268	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 10, 2010
	AMENDED IN ASSEMBLY  JULY 1, 2009
	AMENDED IN SENATE  MAY 6, 2009

INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2009

   An act to  amend Section 11834.03 of the Health and Safety
Code, relating to alcohol and drug programs.   add
Section 4576 to the Penal Code, relating to correctional facilities.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 268, as amended, Harman.  Alcoholism or drug abuse
recovery or treatment facilities: licensing.  
Correctional facilities: wireless communication devices.  
   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 any inmate or
ward who possesses any cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a subscriber identity module (SIM card) or memory storage
device, or any person who possesses with the intent to deliver, or
delivers, to an inmate or ward in the custody of the Department of
Corrections and Rehabilitation any cellular telephone or other
wireless communication device or any component thereof, including,
but not limited to, a SIM card or memory storage device, is guilty of
a misdemeanor, punishable by a fine not exceeding $5,000. The bill
would also provide that if a person visiting an inmate or ward is
found to be in possession of a cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a SIM card or memory storage device, when searched or
subjected to a metal detector, as specified, that cellular telephone
or wireless communication device or component shall be subject to
confiscation. The bill would require posted notices regarding those
search and confiscation provisions, as specified.  
   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.  
   Existing law provides for the licensure, certification, and
regulation of alcoholism or drug abuse recovery or treatment
facilities serving adults, administered by the State Department of
Alcohol and Drug Programs. Under existing law, an applicant for a
license is required to submit to the department, among other things,
a completed written application and an approved fire clearance.
 
   This bill would require the application to include a certification
that the proposed facility complies with local zoning or is a legal
nonconforming use. It would also require the department to ensure
that the license application contains a clear reference to statutory
requirements under which a drug abuse recovery or treatment facility
that serves 6 or fewer persons is considered a residential use of
property.  
   This bill would make an approved fire clearance for a drug abuse
recovery or treatment facility serving 7 or more persons valid only
for the duration of the 2-year term of the license. This bill would
require a drug abuse recovery or treatment facility serving 7 or more
persons that applies for license renewal to obtain a new fire
clearance, as prescribed. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 4576 is added to the  
Penal Code   , to read:  
   4576.  (a) Except as otherwise authorized by law, or when
authorized by the person in charge of the prison or other institution
subject to this section or by an officer of the institution
empowered to give that authorization, and except as provided in
subdivision (b), any inmate or ward who possesses any cellular
telephone or other wireless communication device or any component
thereof, including, but not limited to, a subscriber identity module
(SIM card) or memory storage device, or any person who possesses with
the intent to deliver, or delivers, to an inmate or ward in the
custody of the Department of Corrections and Rehabilitation any
cellular telephone or other wireless communication device or any
component thereof, including, but not limited to, a SIM card or
memory storage device, is guilty of a misdemeanor, punishable by a
fine not to exceed five thousand dollars ($5,000).
   (b) If a person visiting an inmate or ward in the custody of the
department, upon being searched or subjected to a metal detector, is
found to be in possession of a cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a SIM card or memory storage device, that device or
component shall be subject to confiscation. Notice of this provision
shall be posted in all areas where visitors are searched prior to
visitation with an inmate or ward in the custody of the department.

   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.  
  SECTION 1.    Section 11834.03 of the Health and
Safety Code is amended to read:
   11834.03.  Any person or entity applying for licensure shall file
with the department, on forms provided by the department, all of the
following:
   (a) A completed written application for licensure that includes a
certification by the applicant that the proposed facility complies
with local zoning or is a legal nonconforming use. The department
shall ensure that the license application contains a clear reference
to Section 11834.23 and its requirement that a drug abuse recovery or
treatment facility that serves six or fewer persons shall be
considered a residential use of property.
   (b) A fire clearance approved by the State Fire Marshal or local
fire prevention officer. If a drug abuse recovery or treatment
facility serves seven or more persons, this clearance shall be valid
for the two-year licensure term and shall expire at the conclusion of
the term. Any license renewal by a drug abuse recovery or treatment
facility serving seven or more persons shall include a fire clearance
approved by the State Fire Marshal or local fire prevention officer
based on building codes in place at the time that the facility was
initially licensed.
   (c) A licensure fee, established in accordance with Chapter 7.3
(commencing with Section 11833.01).