Wireless communication devices: local correctional facilities: juvenile halls.

Under existing law, a 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 $1,000. Existing law requires the board of supervisors of every county to provide and maintain a juvenile hall and authorizes the board to establish juvenile ranches, camps, or forestry to which persons made wards of the juvenile court may be committed. Existing law requires, except as specified, any person who knowingly brings or sends into, or who knowingly assists in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp, or any person who while confined in any of those institutions possesses therein, any specified controlled substance, firearm, weapon, explosive of any kind, or tear gas or tear gas weapon to be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to specified provisions. This bill would make, with exceptions, a person who possesses with the intent to deliver, or delivers, to an inmate or ward in a local correctional facility or a ward confined in a juvenile hall, ranch, camp, or forestry camp, any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, guilty of a misdemeanor. By revising the definition of a crime and creating a new crime, the bill would impose a state-mandated local program. This bill would provide that if a person who is visiting an inmate or ward in a local correctional facility or a ward confined in a juvenile hall, ranch, camp, or forestry camp is found to be in possession of a cellular telephone, wireless communication device, or any component thereof, upon being searched or subjected to a metal detector, that device is subject to confiscation and would be returned the same day, except as specified. The bill would require that a notice to that effect be posted in each area where visitors are searched prior to visiting with an inmate or ward. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would prohibit, except as specified, a city or county from accessing data or communications that have been captured using available technology from unauthorized use of a wireless communication device, capturing data or communications from an authorized wireless communication device, and accessing data or communications that have bene captured using available technology from an authorized wireless communication device. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.