BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2531|
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THIRD READING
Bill No: AB 2531
Author: Allen (D)
Amended: 8/7/12 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 6/20/12
AYES: Hernandez, Harman, Alquist, Anderson, Blakeslee, De
Le�n, DeSaulnier, Rubio, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/17/12 - See last page for vote
SUBJECT : State hospitals: prohibited items
SOURCE : Department of Mental Health
DIGEST : This bill permits a state hospital under the
jurisdiction of the Department of State Hospitals (DSH) to
develop a list of items that are considered contraband and
prohibited on hospital grounds, requires each hospital to
form a contraband committee to develop the list, and
specifies the update, review, posting, and provision of the
list.
ANALYSIS :
Existing law:
1. Gives DMH jurisdiction over five state hospitals:
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Atascadero State Hospital (ASH), Coalinga State Hospital
(CSH), Metropolitan State Hospital (MSH), Napa State
Hospital (NSH), and Patton State Hospital (PSH).
2. Requires DMH to govern the state hospitals under its
jurisdiction by uniform rule and regulation with regard
to the conduct and management of the hospitals.
3. Requires DMH to take care of the interests of each state
hospital under its jurisdiction and maintain an
effective inspection of the hospital.
4. Permits the Director of DMH (Director) to prohibit the
possession or use of tobacco products on the grounds of
a state hospital upon the request of the hospital's
director.
5. Makes the possession of a wireless communication device,
tobacco products, and money with the intent to deliver
to a patient in the state hospital a misdemeanor,
punishable by a fine of $1,000 or less for each item.
This bill:
1. Permits a state hospital under the jurisdiction of DSH
to develop a list of items that are deemed contraband
and prohibited on hospital grounds and to control and
eliminate contraband on hospital grounds.
2. Requires a state hospital to form a contraband
committee, comprised of hospital management and
employees designated by the hospital's director, to
develop the list of contraband items, and requires the
list to be developed with the participation of patient
representatives, or the patient government of the
hospital if one is available, and the Office of
Patients' Rights (OPR).
3. Requires the contraband list to be subject to review and
approval by the Director or his/her designee.
4. Requires the contraband list to be updated and subject
to review by the Director, or his/her designee, no less
than every six months.
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5. Requires the contraband list to be posted prominently in
every unit of the hospital and throughout the hospital,
provided to a patient upon request, and posted on the
hospital's Web site.
6. Permits each state hospital and DSH to implement,
interpret, or make specific this bill's provisions
without taking regulatory action.
Background
State hospitals under DMH jurisdiction . The five state
hospitals under DMH's jurisdiction serve different
populations and needs. According to a report on oversight
and accountability at state hospitals by the Legislative
Analyst's Office, as of January 2012, ASH treats an
all-male, maximum-security, forensic patient population of
over 1,000; CSH houses over 900 patients, most of whom are
sexually violent predators; MSH houses over 400 patients
that do not have histories of escape, sex crimes, or
murder; NSH is a low- to moderate-security hospital of just
under 100 patients; and PSH treats approximately 1,500
forensic patients and is primarily a forensic hospital.
The report indicated that in the last decade, state
hospitals have seen a shift in their population, with the
forensic population increasing steadily and the civil
commitments in decline; according to DMH, the forensic
population is now approximately 92% of the hospital system.
Under the Governor's 2012-2013 Budget plan, community
mental health functions and related state functions would
be eliminated or shifted to other departments, offices, and
commissions; since the administration of state hospitals is
mainly what would remain, the Governor has proposed to
change the DMH's name from DMH to the DSH, with the intent
that this new structure would allow the Administration to
better focus on the fiscal and programmatic issues unique
to state hospitals.
Office of Administrative Law (OAL) . OAL evaluates whether
or not an action by a state agency complies with California
administrative law governing how state agencies adopt
regulations. A 2009 determination by OAL (No. 19)
concerned a DMH Special Order titled "Contraband,"
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effective on January 1, 2002, which required executive
directors of individual state hospitals to either develop a
list of items that are considered contraband or a list of
items that are considered allowable to be made available to
patients and to the public. In addition, executive
directors are required to adopt policies on specific
subjects, including procedures for the inspection of
patients, their property and living areas, general hospital
areas, and of staff and visitors to effectively ensure that
contraband is not present. In February 2009, a petition
was submitted to OAL challenging the Special Order, and OAL
issued a determination that the Special Order should have
been adopted pursuant to the Administrative Procedures Act
and thus constitutes an underground regulation. OAL had
earlier made determinations that Administrative Directives
issued by DMH or a state hospital under its jurisdiction
regarding contraband constitute underground regulations
(e.g. 2008 OAL Determinations 23 and 31).
OPR . According to its Web site, DMH is required to enter a
multi-year contract with a nonprofit organization, OPR, to
provide investigative and advocacy services to persons with
mental disabilities, including direct advocacy services in
state hospitals. OPR's Web site explains that the contract
is to ensure that the treatment and legal rights of people
receiving mental health treatment is maintained. Under
this contract, OPR is operated by Disability Rights
California, a nonprofit agency that provides legal and
other advocacy assistance to people with disabilities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/8/12)
Department of Mental Health (source)
California Psychological Association
ARGUMENTS IN SUPPORT : DMH, the sponsor, writes that this
bill improves state hospital security by granting them the
authority to deal with their contraband problems
immediately when they arise and ensure the rights of
patients and staff by requiring each hospital list to be
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updated with the input of employees and patient
representatives. The California Psychological Association
states that this bill is a straightforward measure that is
a step in the right direction in providing a better
environment for state-employed psychologists.
ASSEMBLY FLOOR : 75-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel P�rez, Portantino, Silva, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, John A. P�rez
NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea,
Skinner, Yamada
CTW:k 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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