STAND. COM. REP. NO. 2741

Honolulu, Hawaii

RE:    S.B. No. 3071

       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. 3071, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONDITIONAL RELEASE,"

begs leave to report as follows:

     The purpose of this measure is to allow the Director of Health to apply to the court for any committed persons to be discharged from, or for the modification of any order granting conditional release.

     Your Committee received testimony in support of this measure from the Department of Health.

     Your Committee finds that enabling the Director of Health to petition the courts for discharges, where appropriate, will help to ease the overcrowding problem at the Hawaii State Hospital and protect the health and safety of the patients and staff at the hospital.  Furthermore, the changing mental condition of the person is always relevant at any point in time to the person's legal custodial status.  Your Committee notes that a person on conditional release is required to receive community-based mental health services until no longer affected by the mental condition, disorder, or defect and is no longer a danger to themselves or to others.

     Your Committee has amended this measure by making technical changes on the recommendation of the Department of Health.

     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. 3071, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3071, S.D. 2.

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

____________________________

BRIAN T. TANIGUCHI, Chair