STAND. COM. REP. NO. 2050

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2142
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2142 entitled: 

     "A BILL FOR AN ACT RELATING TO RIGHTS OF VICTIMS AND
     WITNESSES IN CRIMINAL PROCEEDINGS,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to amend the bill of rights for crime victims to clarify that a
finding of unfitness to stand trial, a transfer to the state
hospital or other psychiatric facility, or a finding that a
defendant has become fit to stand trial are major developments of
which victims and family members have the right to be notified.

     Your Committee finds that it is not clear in the current law
whether crime victims, surviving immediate family members, and
witnesses have the right to be notified of developments relating
to a defendant's fitness to stand trial or to a defendant's
commitment to a psychiatric facility.  Your Committee further
finds that, under the current law, psychiatric facilities are not
required to provide notice of the actual or proposed release of
an individual committed to the facility in the course of criminal
proceedings to the law enforcement agency involved or to the
victims, surviving family members, or witnesses.  This system
has, in the past, resulted in the release of highly dangerous
individuals into the community without notice to police,
prosecutors, or their past victims.


 
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     Your Committee believes that crime victims and witnesses
have a strong interest in being notified of changes in the status
of defendants diverted from the criminal justice system to the
mental health system.  Your Committee further believes that
requiring notice to the law enforcement agency involved in the
criminal proceedings against a defendant transferred to a
psychiatric facility will help prevent situations in which an
individual's mental state and potential danger to the community
is assessed without considering the individual's history of
violent attacks on others.  Your Committee believes that through
this measure a process will be established through which a crime
victim will know whom to ask -- the law enforcement agency -- for
information about the status of a defendant transferred to a
psychiatric facility, and the law enforcement agency in turn will
be kept informed of major developments as provided by law.

     Testimony in support of this measure was submitted by
Senator Sam Slom, the Department of the Prosecuting Attorney of
the City and County of Honolulu, and two individuals.  Testimony
commenting on this measure was provided by the Office of the
Public Defender.  Testimony in opposition to this measure was
submitted by the Department of Health.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Inserting provisions from S.B. 3013, which would
          require notice to state or county law enforcement
          agencies when a former criminal defendant under the
          supervision of the mental health system petitions or is
          otherwise considered for release, and make more
          difficult and less automatic the release of a former
          criminal defendant involuntarily committed to a
          psychiatric facility;

     (2)  Clarifying that the major developments requiring notice
          to victims and their families are not limited to the
          list enumerated in the bill; and
 
     (3)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2142, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 2142, S.D. 1, and
be placed on the calendar for Third Reading.


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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair




                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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