STAND. COM. REP. NO. 1657

Honolulu, Hawaii

, 2005

RE: S.C.R. No. 98

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.C.R. No. 98 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO ESTABLISH A WORKING GROUP TO EVALUATE AND RECOMMEND METHODS TO STREAMLINE COURT-ORDERED FORENSIC EVALUATIONS AND TO DELIVER APPROPRIATE MENTAL HEALTH TREATMENT TO PRETRIAL DETAINEES,"

begs leave to report as follows:

The purpose of this measure is to convene a working group to evaluate and recommend methods to streamline court-ordered forensic evaluations and to deliver appropriate mental health treatment to pretrial detainees.

The Hawaii Disability Rights Center, the National Alliance for the Mentally Ill O'ahu, the National Alliance for the Mentally Ill Hawaii, the Hawaii Psychiatric Medical Association, and The Mestizo Association submitted testimony in support of this measure. The Department of Health submitted testimony in support of the intent. The Judiciary submitted comments.

According to a report by the Hawaii Disability Rights Center dated December 2003, thirty-five percent of all pretrial detainees who undergo mental evaluations pursuant to section 704-404, Hawaii Revised Statutes, are in need of, yet are not receiving timely services to restore or stabilize their mental health. The Center testified that the Department of Health and the Judiciary have since incorporated many of the changes proposed in the report. However, not all recommendations were implemented and some of the changes are in the trial stage.

This measure will convene a working group that can evaluate the changes being implemented, review alternatives to facilitate the provision of appropriate mental health services, and make additional recommendations to streamline and expedite the process by which pretrial detainees are evaluated for competency and fitness to proceed to trial.

At the request of the Judiciary, your Committee has amended this measure by substituting the Department of Health for the Judiciary as the agency requested to establish the working group. Your Committee further amended the measure by including representatives from the Department of the Attorney General and the Honolulu Police Department to the working group.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 98, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 98, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

ROSALYN H. BAKER, Chair