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.C.R. No. 153 entitled:

begs leave to report as follows:

The purpose of this measure is to establish a judiciary work group to evaluate and recommend methods to streamline court-ordered forensic evaluations and to deliver appropriate mental health treatment to pretrial detainees.

Testimony in support of this measure was submitted by Hawaii Disability Rights Center and HGEA. Comments were submitted by the Judiciary and the Department of Health.

Your Committee finds that there are many situations in which pretrial detainees are subject to a court-ordered forensic examination for mental evaluations. The detainees are held in prison for an average of eighty-four days from the time the court orders the evaluation to the ruling of the individual's fitness to proceed.

For many pretrial detainees charged with misdemeanor offenses, the delay associated with waiting for a court-ordered forensic examination could incarcerate individuals far longer than if they were convicted of the crime charged.

Your Committee understands that there is a legitimate struggle between addressing an individual's mental disabilities and the efficient administration of the criminal justice process. However, your Committee believes that individuals with mental disabilities could greatly benefit by evaluating and establishing a reasonable time frame for the mental evaluation process. Your Committee further believes that pretrial detainees suspected of mental illnesses should be promptly evaluated and, if necessary, should receive the appropriate mental health treatment within a reasonable time period.

Your Committee noted concerns raised by the Department of Health; however, your Committee is moving this measure forward to facilitate further discussion and consideration.

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 concurs with the intent and purpose of S.C.R. No. 153 and recommends its adoption.