HB2800 HD1

SECTION 1. The legislature finds that the chapters of the Hawaii Revised Statutes relating to mental health and involuntary transport, examination, hospitalization, and treatment have been amended in a piecemeal manner over the past several decades. This has led to some lack in clarity and inconsistencies. It is imperative that such an important part of state law receives full and deliberate attention from time to time to ensure the law's continued force and effectiveness.

The legislature further finds that a comprehensive review of the Hawaii Penal Code has been conducted every decade since the Code's enactment in 1972. The legislature believes that periodically reviewing Hawaii's mental health laws would also be helpful to advance the overall goal of improving mental health in the State, especially for those unable to help themselves.

The purpose of this Act is to require the department of the attorney general to convene an advisory committee on mental health code review every ten years.

SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§28- Advisory committee on mental health code review; report. (a) Beginning July 1, 2024, and every ten years thereafter, the department of the attorney general shall convene an advisory committee on mental health code review. The scope of the advisory committee's review shall be determined by the department of the attorney general; provided that each advisory committee shall review all federal and state court cases and constitutional, statutory, and rule changes impacting the Hawaii Revised Statutes that relate to mental health and involuntary transport, examination, hospitalization, and treatment, including assisted community treatment, since the previous advisory committee's review.

(b) Membership of the advisory committee on mental health code review shall be as follows:

(1) The attorney general, or the attorney general's designee;

(2) A representative from the department of health, adult mental health division, to be selected by the director of health;

(3) A representative from the department of corrections and rehabilitation, to be selected by the director of corrections and rehabilitation;

(4) A representative of the judiciary, to be selected by the chief justice;

(5) A member of the senate standing committee with primary subject matter jurisdiction over health or human services, to be selected by the senate president;

(6) A member of the house of representatives standing committee with primary subject matter jurisdiction over health or homelessness, to be selected by the speaker of the house of representatives;

(7) A representative from the prosecutor's office of each county, to be selected by the respective prosecuting attorney of each county;

(8) A representative from the office of the public defender, to be selected by the state public defender;

(9) A representative from the city and county of Honolulu's crisis outreach response and engagement program, to be selected by the mayor of the city and county of Honolulu;

(10) A representative from a private nonprofit human services organization focused on ending or preventing homelessness, to be selected by the director of human services;

(11) A representative from a private acute care hospital that offers psychiatric and mental health services, to be selected by the director of health;

(12) Four members with relevant experience and expertise as a:

(A) Psychologist or social worker;

(B) Psychiatrist;

(D) Representative from a mental health advocacy group;

provided that the president of the senate and speaker of the house of representatives shall each select two members; and

(13) Any other representatives the advisory committee deems necessary.

(c) The members of the advisory committee on mental health code review shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. The department of the attorney general shall request the necessary funding for the advisory committee to conduct its review during the regular session immediately preceding the convening of the advisory committee.

(d) The advisory committee on mental health code review shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session immediately following the convening of the advisory committee."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2800
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII