WHEREAS, the fee for forensic evaluations is currently set by Circuit Court Part D Criminal Administrative Order No. 4.1 at $500; and

WHEREAS, this fee has not been raised by the Judiciary since 1992; and

WHEREAS, fees in other parts of the country are as high as $2,500; and

WHEREAS, this flat fee does not take into account the number of hours devoted to conducting the evaluation, reviewing medical records, and writing the final evaluation report; and

WHEREAS, the Legislature believes that if the fee were increased to an appropriate level of compensation, an increasingly qualified cohort of professionals from the private sector would be available to conduct forensic evaluations and submit comprehensive forensic evaluation reports to the court; and

WHEREAS, section 704-404(6), Hawaii Revised Statutes, provides that the report of the examination with respect to the defendant's physical or mental disease, disorder, or defect, including any supporting documents, shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant; and

WHEREAS, in felony cases, in which three examiners are appointed, the Adult Mental Health Division Forensic Director reviews the forensic reports that are prepared by the psychiatrist or licensed psychologist designated by the director of health; and

WHEREAS, this review enables the Adult Mental Health Division Forensic Director to monitor and suggest improvements to the forensic examination and reporting process; and

WHEREAS, the Adult Mental Health Division Forensic Director should receive a copy of each private examiner’s forensic report, including any supporting documents from the clerk of the court after the court rules on the fitness issue to which the report relates, to better monitor and suggest improvements to the entire forensic examination and reporting process; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that the Legislature requests that the Judiciary evaluate and increase the fees for forensic evaluations to an adequate level as it determines and to submit as part of its biennium budget request to the next Legislature an appropriation request sufficient to provide for any additional expenditures required as a result thereof; and

BE IT FURTHER RESOLVED that the Judiciary is requested to provide the Adult Mental Health Division Forensic Director a copy of each private examiner’s forensic evaluation report and any supporting documents after the court has ruled on the fitness issue to which the report relates, and the Department of Health is requested to submit to the next Legislature a bill proposing any statutory amendment which would assist in reaching that result; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court and the Forensic Director of the Adult Mental Health Division of the Department of Health.

Report Title:

Court-ordered forensic evaluations; mental health treatment