Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1362, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to allow the Department of Health to expand its capacity to obtain verifiable information regarding the criminal history of potential employees and contract providers to both mental health divisions. This measure also increases the appropriation ceiling of the criminal history record improvement revolving fund to accommodate this measure.

Testimony in support of this measure was submitted by the Department of Health.

Your Committee finds that current laws allow investigations into criminal histories of potential employees and contract providers who have contact with clients of the child and adolescent mental health division. This type of information has proven to be very helpful in ensuring the safety of clients as well as improving the quality of care provided. Therefore, your Committee finds that the adult mental health division should have the same opportunity to provide a safer environment and high quality services.

Your Committee adopted the amendments suggested by the Department of Health to replace the contents of this measure. Specifically, your Committee notes that this measure was passed through its first committee in 2003 and was carried over from the 2003 legislative session. However, this measure originally proposed to amend section 846-45, which was repealed in Act 95, Session Laws of Hawaii 2003.

Thus, the Department of Health changes adopted by your Committee update this measure to amend the current laws. Specifically, the amendments made were to include criminal history background checks of potential employees and contract providers for the adult mental health division by amending sections 321-171.5, 378-2.5, and 846-2.7, Hawaii Revised Statutes.

Your Committee has also amended this measure by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1362, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1362, S.D. 2.