- (a) All persons who are employed by the department, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in section 3141(c)(10) authorized to practice law in California, another state, or the District of Columbia who come onto institutional grounds are subject to a search of their person, private property, and vehicles for contraband and controlled substances before entering, or while inside, any department facility or department grounds via the use of contraband and/or metal detection equipment and/or electronic drug detectors including, but not limited to, ION scanners and other available contraband and/or metal detecting device(s) technology, and passive alert canines.
- (b) By entering or attempting to enter a department facility or department grounds, employees, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in section 3141(c)(10) authorized to practice law in California, another state, or the District of Columbia consent to being searched for contraband and controlled substances.
(c) All persons who are employed by the department, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in subsection 3141(c)(10) authorized to practice law in California, another state, or the District of Colombia, are authorized to bring the following personal items into an institution's secure perimeter as defined in section 3000:
- (1) One plastic or soft-sided handbag, purse, tote bag, or backpack, and one plastic or soft-sided lunchbox or cooler.
- (2) One thermos, non-glass beverage container, or hydration pack with one-gallon maximum volume. Additional drinking water shall be in clear plastic containers, each no larger than one gallon.
- (3) One briefcase for managers, supervisors, executives, and professional classifications (e.g., Associate Warden, Captain, Correctional Counselors, Physicians, Attorneys, and Job Stewards) or as approved by the Hiring Authority in writing, including electronic mail or memorandum.
- (4) One collapsable model umbrella. Golf, beach, or pointed-end umbrellas shall not be permitted.
(5) Wearable technology, such as a smart device or smartwatch, placed into a mode incapable of sending or receiving communications (e.g., airplane mode).
- (A) Department employees who register their personal cellular phones or register their wearable technology in accordance with subsections 3410.1(d)(1) through 3410.1(d)(3), may use their wearable technology in a mode capable of communication.
- (B) A person's wearable technology cannot share its connection in any way with another person's device, or state device or wireless network.
(d) In addition to the allowable personal items detailed in subsections 3410.1(c)(1) through 3410.1(c)(5), all persons employed by the department may:
(1) Register a personal wireless communication device, such as a cellular phone or wearable technology with independent cellular service, with the employee's workplace institution. To register a personal device, a department employee shall complete CDCR Form 2056 (08/24), Personal Wireless Communication Device Registration and Authorization Form, which is incorporated by reference, and submit the form to the Warden or designee.
- (A) Each personal device requires its own CDCR Form 2056 (08/24), and the form shall be resubmitted annually to maintain wireless communication device registration. If a new wireless communication device is obtained prior to the annual renewal of CDCR Form 2056 (08/24), the department employee shall submit a new form and complete the registration process outlined in this section before bringing their new personal device into the secure perimeter of the institution.
(B) The Warden or designee shall approve or disapprove the registration request. The completed original form shall be returned to the requesting department employee and copies of the form shall be maintained in the institution's Central Control, and in the Watch Commander's office.
- 1. An employee's registration request may be disapproved for reasons including, but not limited to: completeness of the form, or pending investigation for allegations of introduction of contraband or prior violations to the personal cellular phone policy.
- 2. Verification of registration request approvals can be obtained by contacting the Central Control or Watch Commander.
- 3. Receipt of the approved CDCR Form 2056 (08/24) by the requesting department employee is notification to the department employee that their wireless communication device is now registered and is allowable personal property within an institution's secure perimeter.
(2) Bring into an institution's secure perimeter their registered wireless communication device, such as a personal cellular phone.
- (A) If a department employee is already issued a state cellular phone, they may also register a personal cellular phone and carry two devices within the secure perimeter of an institution.
- (3) Use their wearable technology in an online mode capable of communication within an institution's secure perimeter, if the wearable technology is paired with the department employee's registered cellular phone or the wearable technology with independent cellular service is registered.
(e) The following personal items are prohibited within an institution's secure perimeter:
- (1) A personal cellular phone, or wearable technology in an online mode capable of communication that is not registered in accordance with subsections 3410.1(d) through 3410.1(d)(3). Only persons employed by the department can register a personal wireless communication device, such as a cellular phone or wearable technology. Employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in subsection 3141(c)(10) authorized to practice law in California, another state, or the District of Colombia are prohibited from bringing a personal cellular phone into an institution's secure perimeter and using their wearable technology in an online mode capable of communication.
- (2) With the exception of items identified in subsections 3410.1(e)(1) and 3410.1(e)(8), non-state issued wireless communication devices, including laptops or other computers, tablets, data storage devices, including MP3 players, portable hard drives, USB drives, and SD cards.
- (3) Portable gaming devices, DVD players, and DVDs.
- (4) Tobacco or tobacco products, controlled substances, personal vaporizer devices, drug paraphernalia, and alcohol.
- (5) Personal tools (e.g., multi-tools, knives, metal utensils, or similar items).
- (6) Glass or ceramic cups, mugs, or containers.
- (7) Magazines, newspapers, books, and crossword puzzles that are unrelated to job duties.
- (8) Exceptions to the prohibited items listed above may be obtained from the Hiring Authority. To obtain an exception, the persons listed in subsection 3410.1(c) shall contact the Hiring Authority or their designee in writing presenting the necessity of the prohibited item(s). The written approval from the Hiring Authority may be obtained via electronic mail, letter, or memorandum. The written approval document shall be carried with the exempted item.
- (f) Department employees in violation of the provisions of this section may be subject to disciplinary action. Violations of these provisions by employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in section 3141(c)(10) authorized to practice law in California, another state, or the District of Colombia, shall be grounds for denied access to, or cause for subsequent suspension or exclusion from department properties. Any individuals in possession of controlled substances and/or unregistered cellular phones or impermissible wearable technology are subject to the provisions of section 3410.2(d)(3).
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4573, 4573.5, 4574, 4576, 5054 and 6402, Penal Code.
History
1. New section filed 10-2-2014 as an emergency; operative 10-2-2014 (Register 2014, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-11-2015 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section heading, section and Note filed 10-8-2014 as an emergency; operative 10-8-2014 (Register 2014, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-17-2015 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and section refiled 3-17-2015 as an emergency; operative 3-17-2015 (Register 2015, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-15-2015 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-2-2014 order transmitted to OAL 3-4-2015 and filed 4-16-2015 (Register 2015, No. 16).
5. Certificate of Compliance as to 3-17-2015 order, including further amendment of section heading and section and amendment of Note, transmitted to OAL 6-15-2015 and filed 7-27-2015; amendments effective 7-27-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 31).
6. Amendment of section heading and section filed 6-19-2025; operative 10-1-2025 (Register 2025, No. 25).