STAND. COM. REP. NO. 1121

Honolulu, Hawaii

RE:    H.B. No. 1088

       H.D. 1

       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. 1088, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CORRECTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Department of Public Safety to timely render involuntary medical treatment, including medication, if the court finds that:

     (1)  The inmate or detainee poses a danger of physical harm to self or others;

     (2)  Treatment with medication is medically appropriate; and

     (3)  Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee.

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

     Your Committee finds that individuals who receive treatment for mental illness have a better prognosis for improvement than those who do not receive treatment.  However, under current law an inmate or detainee in Hawaii's correctional facilities may refuse necessary medications, which may result in a cycle of short‑term emergency medications and lead to a transfer to the Hawaii State Hospital in extreme cases.  Your Committee further finds that this measure will establish specific proceedings for involuntary medical treatment and allow the Department of Public Safety to treat inmates or detainees in a more timely and efficient manner.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 1088, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1088, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair