STAND. COM. REP. NO. 525

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 230

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 230, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE RIGHTS OF VICTIMS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to enhance the safety of victims and their family members, and witnesses by:

 

     (1)  Requiring the Director of Health to notify victims, witnesses, and surviving immediate family members, who have submitted a written request, of specified information about a criminal defendant's fitness to proceed at trial, transfer to a state hospital or psychiatric facility, or unauthorized absence from a facility; and

 

     (2)  Specifying the following among the major developments that a victim or surviving family member shall be informed:

 

          (A)  That the offender is found unfit to proceed or has been acquitted on the grounds of physical or mental disease, disorder, or defect; and

 

          (B)  That an offender previously found to be unfit or acquitted has been released or discharged from custody, has been committed to the custody of the Director of Health, or has regained fitness to proceed and accordingly, the date on which penal proceedings will resume.

 

     Your Committee finds that victims of crime have a legitimate interest in being notified of any proceeding regarding whether the offender may be released from custody.  Your Committee further finds that the Department of Health has stated that expanding reporting requirements as required under this measure will implement significant policy changes in the area of forensic mental health and that a study should be conducted by legal and mental health stakeholders before policy changes are implemented.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 230, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair