STAND. COM. REP. NO. 182-18

Honolulu, Hawaii

, 2018

RE: H.B. No. 2280

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Health & Human Services, to which was referred H.B. No. 2280 entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to address the persistent security problems at the Hawaii State Hospital by appropriating funds to the Department of Health for the purchase of electronic security devices, additional lighting and cameras, and capital improvement projects including gates, relocation of a guard shack and entry road, and the design and construction of a security fence. This measure additionally requires the Department of Health to report to the Legislature on the progress of implementing its security corrective action plan, the number of escapes in the prior year, and other findings and legislative recommendations.

The Department of Health testified in support of this measure.

Your Committee notes numerous concerns with the State Hospital. Over one hundred escapes from the Hawaii State Hospital since 2001 were reported in testimony on this measure.

Your Committee is particularly concerned about the insufficient efforts being undertaken to prevent sexual relationships between inmates and staff. In particular, because the existence of sexual relationships between inmates and staff may make the State vulnerable to lawsuits and criminal proceedings.

Your Committee acknowledges that policy changes have been implemented since the most recent high profile escape, however it is concerned about the slow pace of the implementation.

Your Committee notes that the most monetarily significant proposed change at the Hawaii State Hospital is the construction of a new perimeter fence. Due to the nature of the most recent high profile escape, your Committee is concerned that such a project may not offer security benefits commensurate with the cost.

Finally, your Committee notes that the Hawaii State Hospital is in a unique situation and faces difficult problems. During this period of reexamining security policies and assets, your Committee believes that it behooves the Department of Health to examine rules and procedures at other criminal incarceration environments.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 3000, to encourage further discussion; and

(2) Making a technical, nonsubstantive amendment for purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health & Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2280, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2280, H.D. 1, and be referred to your Committee on Public Safety.

Respectfully submitted on behalf of the members of the Committee on Health & Human Services,

____________________________

JOHN M. MIZUNO, Chair