BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 796
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 796 (Blakeslee) - As Amended:  June 15, 2011 

          Policy Committee:                              Public 
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill: 

          1)Creates a misdemeanor, punishable by a fine of up to $1,000 
            per item, to possess, with the intent to deliver to a patient 
            in a state hospital, specified items - wireless communication 
            devices, tobacco products or cash - prohibited for possession 
            by a patient, by statute or regulation.   

          2)States that if a person visiting a state hospital patient, 
            upon being searched, is found to be in possession of a 
            prohibited item, the item shall be subject to confiscation but 
            shall be returned on the same day, unless the item is held as 
            evidence in a case in which it is alleged the visitor was in 
            possession with intent to deliver the item to a patient.  

          3)Requires notice of the item prohibition be posted in all areas 
            where visitors are searched, and outside of the facility in a 
            location easily visible to visitors.  

           FISCAL EFFECT  

          1)Negligible state cost.

          2)Minor local fine revenue increase.

           COMMENTS  

           Rationale.  The author states that as state hospitals have housed 
          more criminal patients, more contraband is being smuggled into 
          the facilities where it is used as currency and for 








                                                                  SB 796
                                                                  Page  2

          inappropriate purposes that impede treatment and facility 
          management. The author contends the proposed fine will reduce 
          contraband.

          Currently all state hospitals ban tobacco and wireless 
          communication devices, and cash limits are set by individual 
          hospitals. 


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081