1. (a) The following definitions only apply to Section 4354.1.
2. (b) Criminal Contraband. Items that are illegal to possess pursuant to State and/or Federal Law, except for items specified in Subsection (c). This includes any item prohibited as a condition of parole/probation as it applies to any patient on active parole/probation while housed in a Department of State Hospitals facility.
3. (c) Non-Criminal Contraband. Items not otherwise prohibited by State and/or Federal Law or prohibited as a condition of parole/probation as it applies to any patient on active parole/probation while housed in a Department of State Hospitals facility, but are prohibited on the Department of State Hospitals Statewide Property Contraband List, and/or items on hospital-specific contraband lists pursuant to Section 7295 of the Welfare and Institutions Code.
4. (d) Hazardous Contraband. Criminal Contraband or Non-Criminal Contraband that can potentially expose Department of State Hospitals staff, patients, and/or the public to a risk of loss or harm to their person or property. These items may include, but are not limited to, hazardous waste, Electronic Devices with Communication and Internet Capabilities as defined in Section 4350, drugs, chemicals, perishable goods, and potentially unsafe food items that are prohibited on the Department of State Hospitals Statewide Property Contraband List and/or items on hospital-specific contraband lists.
5. (e) Religious or Spiritual Item(s). Any bag, cross, medallion, totem, pipe, or other item in which the possessor places religious or spiritual significance.
6. (f) Recipient. A person designated by the patient to receive Non-Criminal Contraband.

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

History

1. New section filed 12-12-2024 as an emergency; operative 12-12-2024 (Register 2024, No. 50). Pursuant to Welfare and Institutions Code section 7295(k), this action is a deemed emergency. A Certificate of Compliance must be submitted to OAL by 06-10-2025 or the emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-5-2025 as an emergency; operative 6-10-2025 (Register 2025, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-8-2025 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 8-28-2025 as an emergency; operative 9-8-2025 (Register 2025, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-8-2025 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 8-28-2025 order, including new subsection (e) and subsection relettering, transmitted to OAL 10-30-2025 and filed 12-2-2025; amendments effective 12-2-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 49).