STAND. COM. REP. NO.  1220-16

Honolulu, Hawaii

                , 2016

RE:   S.B. No. 2914

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committees on Public Safety and Judiciary, to which was referred S.B. No. 2914, S.D. 1, entitled:

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

beg 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)  Adds definitions of danger of physical harm to others or self to clarify when the petitions are to be used;

(2)  Allows declarations as an alternative to affidavits in the filing of the petition;

(3)  Increases the number of days of the examination prior to the petition submission from two days to five days, allowing for better operational coordination;

(4)  Limits the petition notification requirement to persons identified as emergency contacts or legal guardians of the subject of the petition, to support timelier proceedings; and

(5)  Clarifies the ability of the Department of Public Safety to seek an extension of an order to treat prior to expiration if necessary.

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

     Your Committees have amended this measure by changing its effective date to upon its approval.

     As affirmed by the records of votes of the members of your Committees on Public Safety and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2914, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2914, S.D. 1, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Judiciary,

____________________________ KARL RHOADS, Chair

____________________________ GREGG TAKAYAMA, Chair