STAND. COM. REP. NO.  196-16

 

 

Honolulu, Hawaii

                , 2016

 

RE:   H.B. No. 2359

      H.D. 1

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sir:

 

     Your Committee on Health, to which was referred H.B. No. 2359 entitled:

 

"A BILL FOR AN ACT RELATING TO FORENSIC MENTAL HEALTH PROCEDURES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to lessen the time certain criminal defendants spend in state custody awaiting forensic mental health examinations and the resultant rulings on fitness to proceed and penal responsibility by separating the examination for fitness to proceed and the examination for penal responsibility.

 

     The Department of Health, Office of the Public Defender, Hawaii Disability Rights Center, and Hawaii Psychological Association commented on this measure.  The City and County of Honolulu Department of the Prosecuting Attorney opposed this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that proceedings in a prosecution shall be suspended during the pendency of an examination to determine penal responsibility;

 

     (2)  Specifying that a separate examination to determine penal responsibility shall be conducted no more than thirty days after an initial examination to determine fitness to proceed;

 

     (3)  Clarifying that the defendant's medical, mental health, social, police, and juvenile records may be provided to forensic examiners in either hard copy or digital format;

 

     (4)  Making the court's appointment of one qualified examiner discretionary in the case of a redetermination of fitness to proceed of a defendant charged with an offense other than a Class A felony;

 

     (5)  Clarifying that the continued confinement of a defendant in the custody of the Director of Health following a redetermination that the defendant is fit to proceed shall be subject to bail and that the continued confinement of the defendant after a penal verdict or finding of culpability shall be subject to the court's discretion; 

 

(6)  Changing its effective date to July 1, 2070, to encourage further discussion; and

 

(7)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2359, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2359, H.D. 1, and be referred to your Committee on Judiciary.

 

 

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

 

 

 

 

____________________________

DELLA AU BELATTI, Chair