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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
18 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY TO ADVISE THE SPECIAL ACTION TEAM ON THE OPTIMAL NUMBER OF FORENSIC EXAMINATIONS NECESSARY FOR FELONY CASES.
WHEREAS, on July 17, 2012, the Governor convened a Special Action Team comprised of representatives from the Governor's Office, the Department of Health Adult Mental Health Division, the Department of Public Safety, the Department of Human Services, the Department of the Attorney General, the offices of the prosecutors from each county, the Office of the Public Defender, and the chiefs of police from each county, to:
(1) Examine ways to strengthen inter-governmental and inter-agency collaboration pertaining to the adult mental health system; and
(2) More effectively manage the census of the Hawaii State Hospital; and
WHEREAS, the Legal/Judicial Subcommittee of the Special Action Team identified that unlike most states, Hawaii routinely uses three forensic examinations for each individual charged with a felony who is committed pursuant to Chapter 704, Hawaii Revised Statutes; and
WHEREAS, the Special Action Team agreed to ask a neutral third party, namely the Legislative Reference Bureau, to review the National Model for Competency Best Practices Model at the website www.mentalcompetency.org; and
WHEREAS, many other states use a single forensic examiner in similar circumstances; and
WHEREAS, the procedural burden of Hawaii's use of three forensic examiners in felony cases is compounded by repetitive examinations at each stage of the court case – specifically to determine fitness and to determine criminal responsibility, to transition out of the hospital, to be placed on conditional release, and to be discharged from conditional release; and
WHEREAS, multiple and repetitive use of three examiners at every step in the proceedings results in substantial delays and extensions of hospitalization without obvious clinical value and at significant public expense; and
WHEREAS, the Special Action Team reached consensus agreement that it was desirable to have the Legislative Reference Bureau conduct a study of Hawaii's use of three forensic examinations to result in the creation of a report to advise and inform the Governor, the Legislature, the Special Action Team, and other key stakeholders regarding the advantages and disadvantages of the current statutory requirements for forensic examinations, including costs and potential advantages and disadvantages of alternative statutory requirements for forensic examinations more aligned with that of other states; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Legislative Reference Bureau is requested to conduct a study to advise the Special Action Team on the optimal number of forensic examinations necessary for each individual committed to the Hawaii State Hospital who is charged with a felony, relative to the practices in other states and jurisdictions; and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau consult with critical stakeholders in studying this issue and submitting a report to the Legislature; and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau submit a report of the study to the Legislature no later than 20 days prior to the convening of the Regular Session of 2014; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Health, Director of Human Services, Director of Public Safety, Attorney General, Director of Human Resources Development, offices of the prosecutors of each county, Office of the Public Defender, mayors of each county, the chiefs of police of each county, and Acting Director of the Legislative Reference Bureau.
Special Action Team; Forensic Examinations