STAND. COM. REP. NO. 2797

Honolulu, Hawaii

RE:    S.B. No. 3069

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 3069, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECORDS OF DEFENDANTS COMMITTED TO A HOSPITAL CONTROLLED BY THE DIRECTOR OF HEALTH OR TO CUSTODY OF DIRECTOR OF HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to require the courts to provide the Director of Health with the existing medical, mental health, social, police, and juvenile records of defendants who are committed to the custody of the Department of Health or who are undergoing fitness to proceed mental examinations.

     Your Committee received testimony in support of this measure from the Department of Health and the Hawaii Government Employees Association.  Testimony in opposition to this measure was received from the City and County of Honolulu Department of the Prosecuting Attorney.  Comments were received from the Judiciary.

     The intent of this measure is to facilitate the duties of the Department of Health in its statutory responsibilities to:

     (1)  Participate in the panel of qualified examiners to determine fitness to proceed; and

     (2)  Persons committed to the custody of the Department pursuant to a finding of unfitness to proceed or an acquittal on the ground of mental disease, disorder, or defect.

     Your Committee believes that it is necessary for the Department of Health to have the defendant's records for the aforementioned purposes, particularly with regard to diagnosis and treatment.

     Your Committee has amended this measure on the recommendation of the Judiciary by clarifying the records to be made available shall exclude juvenile records that are not related to the defendant's mental health or mental condition.  In this regard, your Committee is aware that juvenile records are confidential and include a broad range of information, some of which may not be pertinent to the Director of Health.  Your Committee has also made technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3069, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3069, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair