STAND. COM. REP. NO. 304

Honolulu, Hawaii

RE:    S.B. No. 937

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 937 entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to clarify statutory provisions that govern the process and standards of decision making on applications for conditional release and discharge of forensic patients at the Hawaii State Hospital.

     Specifically, this measure repeals sections 704-411(5) and (6), Hawaii Revised Statutes, which established hearing and application procedures for persons committed to the Hawaii State Hospital due to an acquittal based on the ground of physical or mental disease, disorder, or defect excluding responsibility.  In addition, the measure includes a time frame of sixty days for decisions on motions for conditional release or discharge.

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

     Copies of written testimony are available for review on the Legislature's website.

     Your Committee finds that this measure will clarify that the provisions of section 704-412, Hawaii Revised Statutes, govern the timing and standards of decision for applications for conditional release or discharge from the custody of the Director of Health.  Thus, the measure removes the possibility of a two-step process to apply for conditional release or discharge and any confusion regarding the standard for conditional release or discharge.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 937 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Government Operations.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DAVID Y. IGE, Chair