2009 California Penal Code - Section 4570-4575 :: Chapter 3. Unauthorized Communications With Prisons And Prisoners

PENAL CODE
SECTION 4570-4575

4570.  Every person who, without the permission of the warden or
other officer in charge of any State prison, or prison road camp, or
prison forestry camp, or other prison camp or prison farm or any
other place where prisoners of the State prison are located under the
custody of prison officials, officers or employees, or any jail, or
any county road camp in this State, communicates with any prisoner or
person detained therein, or brings therein or takes therefrom any
letter, writing, literature, or reading matter to or from any
prisoner or person confined therein, is guilty of a misdemeanor.

4570.1.  Every person who, without permission of the peace officer
or corrections officer in charge of any vehicle, bus, van or
automobile used for the transportation of prisoners, delivers a
written communication to any prisoner or person detained therein, or
being escorted to or from that vehicle, or takes from or gives to the
prisoner any item, is guilty of a misdemeanor.

4570.5.  Every person who falsely indentifies himself either
verbally or by presenting any fraudulent written instrument to prison
officials, officers, or employees of any state prison, prison road
camp, or prison forestry camp, or other prison camp or prison farm,
or any jail, or any county industrial farm, or any county road camp,
for the purpose of securing admission to the premises or grounds of
any such prison, camp, farm, or jail, and such person would not
otherwise qualify for admission, is guilty of a misdemeanor.

4571.  Every person who, having been previously convicted of a
felony and confined in any State prison in this State, without the
consent of the warden or other officer in charge of any State prison
or prison road camp, or prison forestry camp, or other prison camp or
prison farm or any other place where prisoners of the State prison
are located under the custody of prison officials, officers or
employees, or any jail or any county road camp in this State, comes
upon the grounds of any such institution, or lands belonging or
adjacent thereto, is guilty of a felony.

4573.  Except when otherwise authorized by law, or when authorized
by the person in charge of the prison or other institution referred
to in this section or by an officer of the institution empowered by
the person in charge of the institution to give the authorization,
any person, who knowingly brings or sends into, or knowingly assists
in bringing into, or sending into, any state prison, prison road
camp, prison forestry camp, or other prison camp or prison farm or
any other place where prisoners of the state are located under the
custody of prison officials, officers or employees, or into any
county, city and county, or city jail, road camp, farm or other place
where prisoners or inmates are located under custody of any sheriff,
chief of police, peace officer, probation officer or employees, or
within the grounds belonging to the institution, any controlled
substance, the possession of which is prohibited by Division 10
(commencing with Section 11000) of the Health and Safety Code, any
device, contrivance, instrument, or paraphernalia intended to be used
for unlawfully injecting or consuming a controlled substance, is
guilty of a felony punishable by imprisonment in the state prison for
two, three, or four years.
   The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.

4573.5.  Any person who knowingly brings into any state prison or
other institution under the jurisdiction of the Department of
Corrections, or into any prison camp, prison farm, or any other place
where prisoners or inmates of these institutions are located under
the custody of prison or institution officials, officers, or
employees, or into any county, city and county, or city jail, road
camp, farm or any other institution or place where prisoners or
inmates are being held under the custody of any sheriff, chief of
police, peace officer, probation officer, or employees, or within the
grounds belonging to any institution or place, any alcoholic
beverage, any drugs, other than controlled substances, in any manner,
shape, form, dispenser, or container, or any device, contrivance,
instrument, or paraphernalia intended to be used for unlawfully
injecting or consuming any drug other than controlled substances,
without having authority so to do by the rules of the Department of
Corrections, the rules of the prison, institution, camp, farm, place,
or jail, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony.
   The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.

4573.6.  Any person who knowingly has in his or her possession in
any state prison, prison road camp, prison forestry camp, or other
prison camp or prison farm or any place where prisoners of the state
are located under the custody of prison officials, officers, or
employees, or in any county, city and county, or city jail, road
camp, farm, or any place or institution, where prisoners or inmates
are being held under the custody of any sheriff, chief of police,
peace officer, probation officer, or employees, or within the grounds
belonging to any jail, road camp, farm, place or institution, any
controlled substances, the possession of which is prohibited by
Division 10 (commencing with Section 11000) of the Health and Safety
Code, any device, contrivance, instrument, or paraphernalia intended
to be used for unlawfully injecting or consuming controlled
substances, without being authorized to so possess the same by the
rules of the Department of Corrections, rules of the prison or jail,
institution, camp, farm or place, or by the specific authorization of
the warden, superintendent, jailer, or other person in charge of the
prison, jail, institution, camp, farm or place, is guilty of a
felony punishable by imprisonment in the state prison for two, three,
or four years.
   The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.

4573.8.  Any person who knowingly has in his or her possession in
any state prison, prison road camp, prison forestry camp, or other
prison camp or prison farm or any place where prisoners of the state
are located under the custody of prison officials, officers, or
employees, or in any county, city and county, or city jail, road
camp, farm, or any place or institution, where prisoners or inmates
are being held under the custody of any sheriff, chief of police,
peace officer, probation officer, or employees, or within the grounds
belonging to any jail, road camp, farm, place, or institution, drugs
in any manner, shape, form, dispenser, or container, any device,
contrivance, instrument, or paraphernalia intended to be used for
unlawfully injecting or consuming drugs, or alcoholic beverages,
without being authorized to possess the same by rules of the
Department of Corrections, rules of the prison or jail, institution,
camp, farm, or place, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony.
   The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.

4573.9.  Notwithstanding any other provision of law, any person,
other than a person held in custody, who sells, furnishes,
administers, or gives away, or offers to sell, furnish, administer,
or give away to any person held in custody in any state prison or
other institution under the jurisdiction of the Department of
Corrections, or in any prison camp, prison farm, or any other place
where prisoners or inmates of these institutions are located under
the custody of prison institution officials, officers, or employees,
or in any county, city and county, or city jail, road camp, farm, or
any other institution or place where prisoners or inmates are being
held under the custody of any sheriff, chief of police, peace
officer, probation officer, or employees, or within the grounds
belonging to any institution or place, any controlled substance, the
possession of which is prohibited by Division 10 (commencing with
Section 11000) of the Health and Safety Code, if the recipient is not
authorized to possess the same by the rules of the Department of
Corrections, rules of the prison or jail, institution, camp, farm, or
place, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony
punishable by imprisonment in the state prison for two, four, or six
years.
   The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operatd by, the state or any city, county, or city and county.

4574.  (a) Except when otherwise authorized by law, or when
authorized by the person in charge of the prison or other institution
referred to in this section or by an officer of the institution
empowered by the person in charge of the institution to give such
authorization, any person, who knowingly brings or sends into, or
knowingly assists in bringing into, or sending into, any state prison
or prison road camp or prison forestry camp, or other prison camp or
prison farm or any other place where prisoners of the state prison
are located under the custody of prison officials, officers or
employees, or any jail or any county road camp in this state, or
within the grounds belonging or adjacent to any such institution, any
firearms, deadly weapons, or explosives, and any person who, while
lawfully confined in a jail or county road camp possesses therein any
firearm, deadly weapon, explosive, tear gas or tear gas weapon, is
guilty of a felony and punishable by imprisonment in the state prison
for two, three, or four years.
   (b) Except as provided in subdivision (a), any person who
knowingly brings or sends into such places any tear gas or tear gas
weapons which results in the release of such tear gas or use of such
weapon is guilty of a felony and punishable by imprisonment in the
state prison for two, three, or four years.
   (c) Except as provided in subdivision (a), any person who
knowingly brings or sends into such places any tear gas or tear gas
weapons is guilty of a misdemeanor and punishable by imprisonment in
the county jail not exceeding six months, or by fine not exceeding
one thousand dollars ($1,000), or by both such fine and imprisonment.

4575.  (a) Any 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 one thousand dollars ($1,000).
   (b) Any person housed in a local correctional facility who
possesses any tobacco products in any form, including snuff products,
smoking paraphernalia, any device that is intended to be used for
ingesting or consuming tobacco, or any container or dispenser used
for any of those products, is guilty of an infraction, punishable by
a fine not exceeding two hundred fifty dollars ($250).
   (c) Money collected pursuant to this section shall be placed into
the inmate welfare fund, as specified in Section 4025.
   (d) Any person housed in a local correctional facility who
possesses a handcuff key who is not authorized to possess that item
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding six months, or by a fine of up to one thousand
dollars ($1,000), or by both that imprisonment and fine. As used in
this subdivision, "handcuff key" means any device designed or
intended to open or unlatch a handcuff.
   (e) Subdivision (b) shall only apply to a person in a local
correctional facility in a county in which the board of supervisors
has adopted an ordinance or passed a resolution banning tobacco in
its correctional facilities.

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