STAND. COM. REP. NO. 2264

Honolulu, Hawaii

RE:    S.B. No. 2726

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 2726 entitled:

"A BILL FOR AN ACT RELATING TO TIME FRAMES TO REGAIN FITNESS TO PROCEED,"

begs leave to report as follows:

     The purpose of this measure is to amend the law governing the time frames for fitness restoration for persons charged with non‑violent petty misdemeanors and non-violent misdemeanors.

     Your Committee received testimony in support of this measure from the Department of Health and the Hawaii Disability Rights Center.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that under the current statutory scheme in section 704-406, Hawaii Revised Statutes, pretrial defendants hospitalized for fitness restoration receive their fitness determination "within a reasonable time."  Your Committee further finds that this measure provides concrete time limits on hospitalization for fitness restoration.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 2050, to encourage further discussion of this measure; and

     (2)  Making technical, nonsubstantive changes for the purposes of clarity and accuracy in the language of this measure.

     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. 2726, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2726, 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