STAND. COM. REP. NO.  297-16

Honolulu, Hawaii

                , 2016

RE:   H.B. No. 2385

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Public Safety, to which was referred H.B. No. 2385 entitled:

"A BILL FOR AN ACT RELATING TO COURT ORDERS TO PROVIDE MEDICAL TREATMENT IN CORRECTIONAL FACILITIES,"

begs leave to report as follows:

The purpose of this measure is to amend the procedures and criteria for involuntary medical treatment of inmates and detainees in correctional facilities.  Specifically, this measure:

(1)  Clarifies the criteria for finding that an inmate or detainee may be subject to involuntary treatment because of danger to self or others;

(2)  Amends notice and documentary requirements for hearings on a petition to compel involuntary treatment;

(3)  Provides for the appointment of a temporary guardian or guardian ad litem for an inmate or detainee who is not competent or otherwise able to participate in proceedings; and

(4)  Provides for the continuation of an order for involuntary treatment upon the return to custody of an inmate or detainee prior to the expiration of the order and extension of an order upon motion of the Department of Public Safety.

The Department of the Attorney General and Department of Public Safety supported this measure.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2385 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

____________________________

GREGG TAKAYAMA, Chair