STAND. COM. REP. NO. 1147

Honolulu, Hawaii

RE: S.B. No. 567

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 567, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require an individual to be examined upon commitment to a psychiatric facility for involuntary hospitalization to determine whether an assisted community plan is indicated and, if so, requires the Department of the Attorney General to assist with the petition for assisted community treatment and related court proceeding; and

(2) Require the Department of Health to convene a mental health emergencies task force.

Your Committees received testimony in support of this measure from the Department of Health, Hawaii Disability Rights Center, Catholic Charities Hawai‘i, Partners in Care, and O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i. Your Committees received comments on this measure from the Department of the Attorney General.

Your Committees find that following emergency care or hospitalization, many mentally ill patients are released with no plan in place for follow-up care or treatment. Your Committees further find that the assisted community treatment program exists to provide care for such individuals in the community, but that many mentally ill individuals do not participate in community treatment plans. Your Committees additionally find that many private sector providers, community organizers, and families do not have the resources to negotiate the complex proceedings necessary to petition the court for an assisted community plan order. This measure will require individuals to be examined prior to discharge from psychiatric facilities to determine whether an assisted community plan is indicated and require the Department of the Attorney General to assist with assisted community plan petitions.

Your Committees have amended this measure by:

(1) Expanding the examination requirement to include persons admitted to voluntary inpatient treatment at a psychiatric facility and persons delivered for emergency examination and hospitalization;

(2) Clarifying that a psychiatric facility is not required to delay discharge after an examination is completed;

(3) Changing the effective date to March 15, 2094, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 567, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 567, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair