STAND. COM. REP. NO. 1374

Honolulu, Hawaii

, 2019

RE: S.B. No. 567

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 567, S.D. 2, entitled:

"A BILL FOR AN ACT RELATED TO MENTAL HEALTH TREATMENT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require an individual to be examined prior to being discharged from an involuntary commitment or voluntary admission to a psychiatric facility, or after transport for an emergency examination, to determine whether an assisted community plan is indicated;

(2) If an assisted community plan is indicated, require the Department of the Attorney General (AG) to assist with the petition and related court proceeding for a plan and treatment; and

(3) Require the Department of Health (DOH) to convene a Mental Health Emergencies Task Force.

The Office of the Public Defender, Councilmember representing District 9 of the Honolulu City Council, Partners in Care, Catholic Charities Hawai‘i, Chinatown Business & Community Association, HOPE Services Hawai‘i, ALEA Bridge, Hawaii Kai Homeless Task Force, The Institute for Human Services, and several concerned individuals supported this measure. The AG, DOH, Hawaii Health Systems Corporation (HHSC), and Hawaii Disability Rights Center offered comments on this measure.

Your Committee notes that the AG testified that it would need additional funding and resources to carry out the statewide responsibility articulated in the measure. The AG said a similar bill that also required the AG to file petitions for assisted community treatment, Senate Bill No. 1464, S.D. 2 (2019), appropriated $332,000 for fiscal year 2019-2020 and $308,000 for fiscal year 2020-2021 for the appointment of two deputy attorneys general and support staff.

Your Committee has amended this measure by:

(1) Expanding the scope of the task force by requiring it to:

(A) Develop recommendations for building a comprehensive continuum of care that includes leveraging assisted community treatment as well as civil commitment as part of that continuum; and

(B) Explore the feasibility of Leahi Hospital and Maluhia for community-based health care; and

(2) Adding HHSC as a member of the task force.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 567, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 567, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

JOHN M. MIZUNO, Chair