STAND. COM. REP. NO.  1089

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 1067

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Public Safety & Military Affairs, to which was referred S.B. No. 1067, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROBATION,"

begs leave to report as follows:

     The purpose of this bill is to facilitate the provision of more effective and specific treatment to offenders on probation by:

     (1)  Clarifying that certain adult probation records may be released to mental health service providers who are nationally accredited or licensed by the State for the purpose of therapy or rehabilitation; and

     (2)  Establishing procedures to protect against improper divulging of this confidential information.

     The Hawaii Substance Abuse Coalition, The Salvation Army, and Aloha House, Inc., supported this bill.  The Judiciary supported the intent of this measure.  The Office of the Public Defender opposed this bill.  The Department of Health offered comments.

     Your Committee has amended this bill by:

     (1)  Removing proposed language that limited the release of information to only "licensed" providers so the Judiciary may also send risk information to case managers and assessors;

     (2)  Removing proposed consent language regarding persons or entities doing research; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1067, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1067, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety & Military Affairs,

____________________________

HENRY J.C. AQUINO, Chair