HB2730

SECTION 1. The legislature finds that severe mental illness and addiction poses a clear and present danger to our state when left untreated. A recent tragedy in Diamond Head illustrates the most extreme consequence of failing to provide psychiatric care to those in need.

The legislature finds severe mental illness can be a major cause of chronic homelessness. According to the National Alliance for the Mentally Ill one in twenty persons with a severe mental illness is homeless. Unsheltered chronic homeless live thirty years less than average. They also strain emergency medical services costing the state millions of dollars while reducing the availability of emergency care for others.

The legislature also finds mentally impaired homeless often resist services including shelter, psychiatric care, and treatment for substance abuse. Some do not realize they are sick and need help while others are simply unable to think rationally.

The legislature also finds that the government is constitutionally prohibited from forcing impaired persons into treatment. Until the 1970’s, many mentally ill people, who were not dangerous and capable of living independently, were locked-away in mental institutions for life, with little recourse. The U.S. Supreme Court held that confinement in a mental institution, or compelling someone to take medication, infringed upon fundamental constitutional liberties. As a result, a person can only be forced into treatment if they commit a dangerous act or is proved to be an imminent danger to themselves or others. The unintended consequence is many who need treatment end up in jail or prison instead.

The legislature further finds that unsheltered homeless who suffer severe mental impairments may find it difficult to comport their conduct to civil norms. They may behave in bizarre and inappropriate ways, violating the rights of others. Some congregate in unsanitary homeless camps that incubate disease, light campfires that pose a danger to surrounding communities and leave piles of trash in parks and beaches. Some commit petty thefts and other crimes; As serial petty misdemeanor and misdemeanor offenders, they may cycle endlessly between jails, emergency rooms and the streets.

The legislature finds impaired offenders who struggle and finally overcome addiction or mental illness often find their criminal records are a barrier to employment and housing. Therefore, there should be a way for rehabilitated misdemeanor offenders to seal their records if they don’t re-offend.

The legislature further finds that the judiciary’s Hawaii Opportunity Probation with Enforcement program has achieved extraordinary results with felons, many of whom suffered from addiction and other forms of mental illness. Participants were fifty-five per cent less likely to be arrested for a new crime and seventy-two per cent less likely to use drugs. The program works by combining robust supportive services with “swift and sure” consequences for parole violations, coupled with multiple opportunities for redemption.

The legislature finds expanding Hawaii's Opportunity Probation with Enforcement program (“HOPE”) as a pilot program, to include repeat petty-misdemeanor and misdemeanor offenders may encourage more homeless to obtain treatment and services.

The purposes of this Act are to:

(1) Establish a pilot program, expanding HOPE probation to include severely mentally impaired individuals convicted of misdemeanor offences and those of a lesser degree, court-ordered mental health care, substance abuse treatment, and other supportive services as an alternative to jail.

(2) Enable offenders to have certain criminal records sealed if they successfully complete HOPE probation, and do not re-offend.

This Act shall be known and may be cited as the "Help for HOPE Act" and the purpose of the Act is to establish a HOPE pilot program within the judiciary.

SECTION 2. (a) The judiciary shall establish a five-year pilot program to allow defendants in criminal cases, and those currently incarcerated, that suffer from substance addiction, mental illness, homelessness, or other catastrophic afflictions, at the time of committing any offense, to participate in a pilot HOPE program; provided that any defendant in a criminal case involving a charged offense classified as a class A or B felony or that is a violent crime shall not be eligible to participate in the pilot program.

(b) During or prior to a pretrial conference held pursuant to rule 17.1 of the Hawaii rules of penal procedure, the court shall inform each eligible defendant of the right to request entrance into the HOPE pilot program as an alternative to jail.

(d) Notwithstanding any other law to the contrary and upon successful completion of any restorative justice process, approval of the victim, and approval of the prosecuting attorney, the court may seal the record of the offender.

(e) The judiciary shall inform the following individuals in writing of the existence of the pilot program:

(1) The attorney general;

(2) The public defender;

(3) The prosecuting attorneys of each county; and

(4) The registered members of the criminal justice and corrections section of the Hawaii State Bar Association.

(f) The judiciary shall submit interim reports of the pilot program to the legislature no later than twenty days prior to the convening of the regular sessions of 2021, 2022, 2023, and 2024, and shall submit a final report to the legislature no later than twenty days prior to the convening of the regular session of 2025. The reports shall include information and recommendations about the efficacy of and the costs associated with the pilot program. The final report shall also include a recommendation on whether the pilot program should be made permanent.

(g) For the purpose of this Act:

"HOPE" means The Hawaii's Opportunity Probation with Enforcement program, and similar programs that provide close supervision of probationers, immediate sanctions for violating their terms of probation, and supportive services with opportunities for redemption.

"Violent crime" shall mean the crimes enumerated in section 351-32, Hawaii Revised Statutes.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 and the same sum or so much thereof as may be necessary for fiscal year 2021-2022 for the HOPE pilot program.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2020.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2730
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII