STAND. COM. REP. NO.367-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 1749

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health and Human Services and Housing, to which was referred H.B. No. 1749 entitled:

"A BILL FOR AN ACT RELATING TO ADULT RESIDENTIAL CARE HOMES,"

beg leave to report as follows:

The purpose of this bill is to require the Department of Health (DOH) to disclose to adult residential care home (ARCH) operators the criminal history of a prospective resident if the resident had previously been:

(1) Acquitted of a violent offense due to a physical or mental disease, disorder, or defect;

(2) Admitted to the Hawaii State Hospital (HSH) under DOH jurisdiction as a result of the acquittal; and

(3) Released from HSH to be placed by DOH in an ARCH.

The Hawaii Coalition of Care Home Administrators testified in support of this measure. DOH opposed this measure. The Office of Information Practices submitted comments.

Your Committees find that there have been some unfortunate acts committed against ARCH operators in the past and that they, and other ARCH residents, are constantly in a potentially dangerous situation.

Your Committees have amended this bill by:

(1) Removing provisions that the criminal history of individuals acquitted of an offense due to a physical or mental disease, disorder, or defect, or individuals released from HSH to be placed in ARCHs, need to be provided to ARCH operators;

(2) Requiring that the criminal history of individuals who were acquitted or convicted of a violent offense against a person be provided to ARCH operators;

(3) Adding that ARCHs are to be notified if a prospective resident is under the supervision of a probation or parole officer; and

(4) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the records of votes of the members of your Committees on Health and Human Services and Housing that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1749, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1749, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Housing,

 

____________________________

MICHAEL P. KAHIKINA, Chair

____________________________

DENNIS A. ARAKAKI, Chair