STAND. COM. REP. NO. 334

Honolulu, Hawaii

RE:    S.B. No. 230

       S.D. 1

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. 230 entitled:

"A BILL FOR AN ACT RELATING TO THE RIGHTS OF VICTIMS,"

begs leave to report as follows:

     The purpose of this measure is to enhance victim safety by notifying victims and surviving family members, who have submitted a written request, of specified information about a criminal defendant's fitness to proceed at trial, transfer to a state hospital or psychiatric facility, or unauthorized absence from a facility.

     Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission, the City and County of Honolulu Department of the Prosecuting Attorney, and the Hawaii State Coalition Against Domestic Violence.  Your Committee received testimony in opposition to this measure from the Department of Health.

     Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that victims of crime have a legitimate interest in being notified of any proceeding regarding whether the offender may be released from custody.  Your Committee further finds that the Department of Health has stated that expanding reporting requirements as required under this measure will implement significant policy changes in the area of forensic mental health and that a study should be conducted by legal and mental health stakeholders before policy changes are implemented.

     Your Committee has amended this measure by changing the effective date to July 1, 2050, to encourage further discussion.

     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. 230, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 230, S.D. 1, 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