HOUSE OF REPRESENTATIVES

H.C.R. NO.

113

TWENTY-THIRD LEGISLATURE, 2006

  

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

Requesting the department of health to convene a task force to evaluate and recommend possible statutory and public policy changes to decrease the census at hawaii state hospital and enhance community-based health services for forensic patients.

 

WHEREAS, mental health and substance abuse are major health concerns that impact thousands of Hawaii residents, particularly when these illnesses are inadequately treated or not treated at all; and

WHEREAS, as a result of inadequate treatment, many individuals who suffer from mental illness often end up in the criminal justice system and are consequently admitted to the Hawaii State hospital by court order; and

WHEREAS, the Hawaii State Hospital is facing a severe overcrowding problem as eighty percent of patients admitted are forensics patients sent there by court order; and

WHEREAS, the current structures of the community mental health system and the criminal justice system in Hawaii do not provide the level of supervision, monitoring, or treatment necessary to ensure the safety of individuals with mental illness or within the community at large; and

WHEREAS, the number of individuals with mental illnesses that come into contact with the criminal justice system can be greatly reduced by coordinated efforts of the community mental health system and the criminal justice system; and

WHEREAS, it is imperative that the quality of patient care at Hawaii State Hospital be improved by eliminating overcrowding and by providing necessary community-based mental health services that are easy to navigate and evidence-based; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Department of Health is requested to convene a task force of agency and other stakeholders to analyze the identification, diagnosis, and treatment of persons with mental illness who are referred from the state criminal justice system; and

BE IT FURTHER RESOLVED that the task force shall consider, but is not limited to, the following issues:

(1) Early identification, diagnosis, and treatment of adults with mental illness who are charged with criminal offenses;

(2) Prosecution and sentencing alternatives for persons with mental illness who are charged with criminal offenses;

(3) Diagnosis, treatment, and housing of persons with mental illness who plead not guilty by reason of insanity or who are found to be incompetent to stand trial;

(4) Ongoing treatment and supervision, including medication administration for forensic patients housed in the community;

(5) Developing a Mental Health Court on Oahu;

(6) Making procedural changes in District and Circuit Court to fast track those with severe and persistent mental illness, especially recidivists with a history of violence;

(7) Encouraging the use of videoconferencing for weekly sessions between Hawaii State Hospital and District and Family Courts;

(8) Evaluating those sentenced under §704-404, Hawaii Revised Statutes, where they are detained outside of the Hawaii State Hospital to determine that, if they have a mental illness requiring an acute level of care, they could be remanded to Hawaii State Hospital;

(9) Prioritizing commitments and orders to treat cases in District and Circuit Court and setting a time frame with specific target dates and times for court turnaround; and

(10) Revising Hawaii Revised Statutes and the Hawaii Administrative Rules to allow orders to treat as part of the initial order for detention, specific care, and treatment; and

BE IT FURTHER RESOLVED that the task force be comprised of representatives from:

(1) The Department of Health, including line staff from the Hawaii State Hospital and the community mental health centers;

(2) The Department of the Attorney General;

(3) The Judiciary;

(4) The Hawaii Mental Health Association;

(5) The Hawaii Disability Rights Center;

(6) The Hawaii Government Employees Association;

(7) National Association of the Mentally Ill Hawaii Chapter (Oahu);

(8) The Hawaii Psychiatric Medical Association;

(9) Qualified mental health consumer advocates who have been involved with the criminal justice system; and

(10) A forensic mental health service provider; and

(11) National Association of Social Workers-Hawaii Chapter; and

(12) The Public Defenders; and

(13) The chairs of the Senate and House Health Committees or designees; and

BE IT FURTHER RESOLVED that the Chairs of the Senate and House Health Committees, or their designees, co-chair the task force; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau shall assist the task force in drafting recommended legislation, if any; and

BE IT FURTHER RESOLVED that the task force shall meet at least monthly from May through November 2006 and submit a report with recommendations regarding the issues reviewed, including any necessary legislation, no later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, the Attorney General, the Chief Justice, the President of the Hawaii Mental Health Association, the President of the Hawaii Psychiatric Medical Association, the President of the Hawaii Disability Rights Center, the President of the National Association of the Mentally Ill, Hawaii Chapter, the Executive Director of the Hawaii Government Employees Association, and the Acting Director of the Legislative Reference Bureau.

 

 
 

OFFERED BY:

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Report Title:

DOH; Task Force; Hawaii State Hospital Overcrowding.