STAND. COM. REP. NO. 1075-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2115

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred S.B. No. 2115, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ROOM CONFINEMENT OF MINORS,"

begs leave to report as follows:

The purpose of this measure is to establish conditions and time limits for placing a minor in room confinement at a detention or shelter facility.

Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Office of the Public Defender, Office of Youth Services, Opportunity Youth Action Hui, Hawai‘i Psychological Association, and ACLU of Hawai‘i. Your Committee received comments on this measure from the Hawaii Disability Rights Center.

Your Committee finds that research and experience show that room confinement of youth is not an effective deterrent for misbehavior nor does it give youth the skills needed to behave differently in the future. Your Committee further finds that long periods of isolation have negative consequences for youth as youth are particularly vulnerable to the mental and emotional effects of room confinement. Nationally, there has been a recognition of the harmful effects of solitary confinement or prolonged room confinement on juveniles in detention. This measure protects the health and safety of minors by establishing limits and conditions for room confinement of a minor at a detention or shelter facility.

Your Committee has amended this measure by:

(1) Clarifying that any decision to hold, rather than place or hold, a minor due to a mental health emergency must be made by a mental health professional;

(2) Requiring the Judiciary, rather than the Department of Human Services, to publish a report on its website detailing its detention center's compliance with room confinement requirements; and

(3) Changing the effective date to July 1, 2060, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2115, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2115, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

RYAN I. YAMANE, Chair