SR57

WHEREAS, chapter 334, part VIII, Hawaii Revised Statutes, relating to involuntary outpatient mental health treatment, provides procedures and criteria for the involuntary outpatient treatment for persons in need of mental health services; and

WHEREAS, the existing law on involuntary outpatient mental health treatment was originally enacted by Act 251, Session Laws of Hawaii 1984, and remains today in substantially the same language; and

WHEREAS, the involuntary outpatient treatment law provides for a maximum outpatient treatment period of not more than one hundred eighty days or six months; and

WHEREAS, existing law does not provide for follow-up mental health treatment after the expiration of six months, which in many instances is sorely needed for the benefit of the patient and the safety of society; and

WHEREAS, in Hawaii, a white paper submitted to the 2002 National Conference on Mental Health Statistics, by a professor at the University of Hawaii at Manoa, Department of Psychology, and the Adult Mental Health Division of the Hawaii Department of Health, estimates that the population with severe and persistent mental illness is 2.6 per cent of adults, or approximately 24,000 people; and

WHEREAS, the white paper found that 4,500 adults were served by the Adult Mental Health Division, leaving a discrepancy of nearly 20,000 adults who may not have received needed mental health services, correcting for such variables as insurance coverage and Medicaid; and

WHEREAS, persons who have been discharged from further treatment after a maximum period of six months have a high probability of needing continuous mental health care, but in all likelihood do not receive such care because of a lack of further professional attention and care; and

WHEREAS, discharged persons may go on to become involved in the criminal justice system; and

WHEREAS, The Honolulu Advertiser, on January 14, 2007, reported on its investigation that found that the care of mentally ill inmates in Hawaii's prison system is so deficient that many fail to get treatment and are subjected to conditions considered harmful and likely to worsen their symptoms; and

WHEREAS, the prison mental health services are one component of the total mental health care system in Hawaii in which the entry point for mental health services is assisted outpatient treatment; and

WHEREAS, a special mental health task force would be able to expertly assess whether Hawaii should provide some form of post-involuntary outpatient mental health care, and assess the quality and effectiveness of mental health services provided to incarcerated persons; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, that the Department of Health is requested to establish a special mental health task force and provide administrative support thereto; and

BE IT FURTHER RESOLVED that the special mental health task force be chaired by the Director of Health, or designee; the Chief of the Adult Mental Health Division, or designee, of the Department of Health; the Chief of the Alcohol and Drug Abuse Division, or designee, of the Department of Health; the Chief Justice of the Hawaii Supreme Court, or designee; the Director of Public Safety, or representative; a representative of the Hawaii Housing Finance and Development Corporation, selected by the corporation; the Prosecuting Attorney of the City and County of Honolulu, or designee; the Public Defender or designee; a representative of the Mental Health Association in Hawaii, to be selected by that organization; a representative of the Hawaii Medical Psychiatric Association, to be selected by that organization; a representative of the Hawaii Psychological Association, to be selected by that organization; a representative of the Community Alliance on Prisons, to be selected by that organization; a representative of the American Civil Liberties Union, to be selected by that organization; and the Legal Aid Society, to be selected by that organization; and

BE IT FURTHER RESOLVED that the special mental health task force select a chair; and

BE IT FURTHER RESOLVED that the special mental health task force is requested to conduct a study to assess whether Hawaii should provide some form of post-involuntary outpatient mental health care, and assess the quality and effectiveness of mental health services provided to incarcerated persons; and

BE IT FURTHER RESOLVED that the special mental health task force is requested to report its findings and recommendations, including proposed legislation, to this body no later than thirty days prior to the convening of the Regular Session of 2008; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health the Chief of the Adult Mental Health Division, the Chief of the Alcohol and Drug Abuse Division, the Chief Justice of the Hawaii Supreme Court, the Director of Public Safety, the Executive Director of the Hawaii Housing Finance and Development Corporation, the Prosecuting Attorney of the City and County of Honolulu, the Public Defender, the Mental Health Association in Hawaii, the Hawaii Medical Psychiatric Association, the Hawaii Psychological Association, the Community Alliance on Prisons, the American Civil Liberties Union, and the Legal Aid Society.

	OFFERED BY:	_____________________________

Report Title:

Mental Health; Assisted Outpatient Treatment

THE SENATE	S.R. NO.	57
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII