STAND. COM. REP. NO. 981-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2680

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2680, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

begs leave to report as follows:

The purpose of this measure is to more effectively protect mentally ill individuals and the public by:

(1) Broadening the term of "imminently dangerous to self or others" to persons who will likely be dangerous within the next ninety days, rather than within the next forty‑five days; and

(2) Increasing the maximum period of emergency hospitalization from forty-eight hours to seventy-two hours.

Your Committee received testimony in support of this measure from the Department of Health, Hawaii Substance Abuse Coalition, Hawaii Psychiatric Medical Association, and six individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Department of the Attorney General and Hawaii Disability Rights Center.

Your Committee finds that the use of involuntary hospitalizations must strike an appropriate balance between protecting the community and providing treatment to individuals who pose a danger to themselves or others, while also protecting the constitutional rights of those individuals. Your Committee further finds that extending the time period for classifying a person as imminently dangerous to self and others and for emergency hospitalizations will help individuals receive necessary treatment, thereby ensuring a safer community.

Your Committee has amended this measure by:

(1) Amending the definition of "dangerous to self" to mean the person:

(A) Recently has threatened or attempted suicide or serious bodily harm; or

(B) Is gravely disabled;

(2) Defining the terms "gravely disabled" and "psychiatric deterioration"; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2680, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2680, H.D. 2.

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

____________________________

CHRIS LEE, Chair