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.