Section 4351 - Contraband Searches Within the Secured Treatment Area and Patient Living Areas by Department of State Hospitals Non-Peace Officer Staff(a) Non-peace officer staff must visually monitor for contraband at all times within the Secured Treatment Area and patient living areas, and may conduct searches of any room, common area, or bathroom at any time, either announced or unannounced, to locate and secure contraband. Non-peace officer staff must alert hospital police as soon as possible when contraband is discovered. Secured Treatment Area, as applied to sections 4351, 4352, and 4353, are secured areas of the facility located behind the outermost doors of any sally port, all fenced areas, courtyards, visiting rooms, and the sally port interiors.(b) If there is a reasonable belief that a patient possesses contraband or a condition exists that poses a threat to the safety and security of the hospital, patients, and employees, non-peace officer staff may conduct a pat-down search on the patient. A "pat-down search", as applied to sections 4351, 4352, and 4353, is a process in which a hand search of a patient's body over clothing is conducted.(c) Each hospital executive director, or designee, may identify or limit position classifications of hospital employees authorized to monitor and conduct searches for contraband.(d) Patients who become intrusive, aggressive, or noncompliant during a search may be removed from the search area during the search. Patients may also be removed from the search area due to the nature of the search to be performed.Cal. Code Regs. Tit. 9, § 4351
1. New section filed 6-15-2021; operative 6-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25). For prior history, see Register 2021, No. 14.
2. New section refiled 1-10-2022 as an emergency; operative 1-12-2022 (Register 2022, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of compliance as to 1-12-2022 order, including amendment of section heading and section, transmitted to OAL 3-24-2022 and filed 5-6-2022; amendments effective 5-6-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 18). Note: Authority cited: Sections 4005.1, 4011, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 4011, 4109 and 7295, Welfare and Institutions Code.
1. New section filed 6-15-2021; operative 6/15/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25). For prior history, see Register 2021, No. 14.
2. New section refiled 1-10-2022 as an emergency; operative 1/12/2022 (Register 2022, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of compliance as to 1-12-2022 order, including amendment of section heading and section, transmitted to OAL 3-24-2022 and filed 5-6-2022; amendments effective 5/6/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 18).