BILL ANALYSIS �
AB 2531
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CONCURRENCE IN SENATE AMENDMENTS
AB 2531 (Allen)
As Amended August 7, 2012
Majority vote
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|ASSEMBLY: |75-0 |(May 17, 2012) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: HEALTH
SUMMARY : Requires the Department of State Hospitals (DSH) to
develop a list of items deemed contraband at every state
hospital, authorizes each hospital to develop its own list, and
requires each hospital to establish a contraband committee,
comprised of hospital management and designated employees, to
develop the list.
The Senate amendments :
1)Direct DSH to develop a contraband list at each hospital.
2)Establish a definition of "contraband."
3)Specify that if an item presents an emergent danger to the
safety and security of a state hospital facility, the item may
be immediately placed on the contraband list by the Director
of DSH or an executive director of a state hospital, but must
be reviewed by the contraband committee and approved by the
Director of DSH, or his or her designee, within six weeks.
4)Make other minor technical and clarifying changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version as approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : DSH is the sponsor of this bill. DSH writes that an
effective contraband policy was routinely enforced at each of
the five facilities until 2009 when the Office of Administrative
Law (OAL) ruled that the policy constituted an underground
regulation. The policy was rescinded in response to the OAL
AB 2531
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ruling and currently there is no department-wide contraband list
in effect. According to DSH, each state hospital must be able
to prevent the possession of dangerous or harmful items on
hospital grounds in order to ensure the safety of staff,
patients, and visitors. This bill provides a mechanism for
state hospitals to create, update, and enforce their own
contraband lists, independent of the regulatory process.
DSH reports that contraband items are a constant and sizeable
problem within the state hospital system. In the 2010-11 fiscal
year, more than 3,000 items of contraband were confiscated
system-wide, ranging from shanks, razors, and lighters to
illegal drugs, cigarettes, and alcohol. Contraband items led to
123 hospital lockdowns over the same period. DSH indicates that
contraband items represent a significant source of danger to
staff and patients, not only because some items may be used as
weapons, but also because contraband items are often the cause
of incidents of aggression between the patients and staff.
Supporters, including the California Association of Psychiatric
Technicians, the California Statewide Law Enforcement
Association and the California Psychological Association state
that the introduction of dangerous items and substances in these
facilities has significantly increased as a result of the
forensic nature of the patient population and DSH needs the
flexibility provided in this bill to ban or restrict specific
items from these facilities to improve safety.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN:
0004682