Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 130, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to implement an expedited process that permits the Department of Health to involuntarily medicate mental health patients housed in state operated or funded psychiatric inpatient facilities for safety reasons.

Testimony in support of the measure was submitted by the Department of Health and the Hawaii Disability Rights Center. Testimony in opposition to the measure was submitted by the Office of the Public Defender. The Judiciary and one individual offered comments on the measure.

This measure permits, but does not require, the Department of Health to obtain judicial authorization prior to involuntarily medicating an individual housed in a state operated or funded psychiatric inpatient facility for safety purposes. Your Committee finds that this measure involves complex medical, legal, and mental health issues. In particular, your Committee is concerned that this measure subjects three classes of individuals who have been committed to the care of the State for different purposes and under different standards to an expedited procedure where an attorney, as opposed to a doctor, makes findings as to the appropriateness of involuntarily medicating that individual.

Your Committee has amended this measure by making the effective date defective in order to promote continuing discussion on this measure.

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. 130, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 130, S.D. 2.