STAND. COM. REP. NO. 1216
Honolulu, Hawaii
RE: H.B. No. 1071
H.D. 2
S.D. 1
Honorable Shan S. Tsutsui
President of the Senate
Twenty-Sixth State Legislature
Regular Session of 2011
State of Hawaii
Sir:
Your Committee on Judiciary and Labor, to which was referred H.B. No. 1071, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO MENTAL HEALTH RELEASE ON CONDITIONS OF A PERSON FOUND UNFIT TO STAND TRIAL,"
begs leave to report as follows:
The purpose and intent of this measure is to require the Department of Health to:
(1) Establish and monitor a fitness restoration program for a defendant who is released on conditions after a finding of unfitness to proceed; and
(2) Inform the Prosecuting Attorney of the county that charged the defendant of the fitness restoration program and report on the defendant's compliance with the program.
Your Committee finds that current law provides no clear, formal description of a monitoring or reporting process to the court for those persons released on conditions into the community. This creates procedural ambiguity when an individual who is released on conditions does not comply with the terms and conditions of his or her release. As a consequence, when courts have been asked to consider requests to release into the community on conditions persons who are found unfit to proceed, courts have raised concerns about community monitoring and reporting procedures.
This measure provides a formal structure and mechanism to address community safety and monitoring concerns for individuals who are found unfit to proceed and released on conditions.
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 H.B. No. 1071, H.D. 2, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,
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____________________________ CLAYTON HEE, Chair |
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