STAND. COM. REP. NO. 533

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 Judiciary and Government Operations, 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.

     This measure repeals subsections 704-411(5), (6), and (7), Hawaii Revised Statutes (HRS).  These provisions have been interpreted as having established an additional hearing and application procedure 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.  The repeal of these provisions clarifies that section 704-412, HRS, governs the timing and standards for conditional release or discharge from the custody of the director of health.

     In addition, the measure includes a sixty days requirement for judicial decisions on motions for conditional release or discharge.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations 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 Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair