Cal. Code Regs. Tit. 9, § 4353 - Contraband Searches of those Entering the Secured Treatment Area, Visiting Centers, and Patient Living Areas

(a) Contraband must not enter the Secured Treatment Area, or patient living areas, without written authority from the executive director, or designee, or hospital police chief.

(1) Contractors with authority to utilize a contraband item, including but not limited to tools, metal items, or electronic devices necessary to perform the contracted work, must log the item(s) with the designated officer upon entering and confirm their removal upon exiting the Secured Treatment Area or patient living area.

(b) All persons entering the Secured Treatment Area, visiting centers, and patient living areas are subject to searches of their person using tools and methods including, but not limited to, metal detectors or metal detector wands, canine-sniffs, x-ray devices, cell phone detecting devices, devices to detect controlled substances, and pat-down searches.

(c) The property of all persons entering the Secured Treatment Area, visiting centers, and patient living areas are subject to searches, both visually and physically, using tools and methods including, but not limited to, the removal of hats, shoes, jewelry, jackets or coats for inspection; inspection of purses, bags, lunch boxes, and containers; the use of canine-sniffs, x-ray devices, cell phone detecting devices, devices to detect controlled substances, and metal detectors or metal detector wands.

(d) Persons found with contraband listed on the Department of State Hospitals' statewide contraband list, or the specific state hospital's contraband list, must be instructed to return the contraband to their vehicle, if the person arrived in a vehicle, or to remove the contraband from the hospital grounds. Failure to comply may result in a confiscation of the item or the person may be removed from the hospital grounds for failure to comply.

(1) Possession of any illegal contraband item(s), in violation of state or federal law, must be confiscated and violators may be subject to criminal prosecution under the full extent of the law.

(e) Persons refusing searches are not permitted within the Secured Treatment Area and patient living areas, and may be subject to removal from facility grounds.

Notes

Cal. Code Regs. Tit. 9, § 4353

1. New section filed 6-15-2021; operative 6-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25). For prior history, see Register 2021, No. 14.
2. New section refiled 1-10-2022 as an emergency; operative 1-12-2022 (Register 2022, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of compliance as to 1-12-2022 order, including amendment of section heading and section, transmitted to OAL 3-24-2022 and filed 5-6-2022; amendments effective 5-6-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 18).

Note: Authority cited: Sections 4005.1, 4011, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 4011, 4109, 4139 and 7295, Welfare and Institutions Code.

1. New section filed 6-15-2021; operative 6/15/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25). For prior history, see Register 2021, No. 14.
2. New section refiled 1-10-2022 as an emergency; operative 1/12/2022 (Register 2022, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of compliance as to 1-12-2022 order, including amendment of section heading and section, transmitted to OAL 3-24-2022 and filed 5-6-2022; amendments effective 5/6/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 18).