THE SENATE	S.B. NO.	1612
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO FITNESS TO PROCEED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. (a) The department of corrections and rehabilitation shall establish a five-year fitness to proceed pilot program in one county of the State to help reduce overcrowding at the Hawaii state hospital and ensure the safety of the hospital's staff and personnel while an inmate is awaiting a determination on the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes; provided that the county in which the pilot program is established has a population of more than two hundred thousand but less than five hundred thousand.

(b) For purposes of the pilot program, the department of corrections and rehabilitation shall reserve at least one cell or personal living space to accommodate every two inmates who have filed a motion or cited a defense pursuant to chapter 704, Hawaii Revised Statutes.

(c) An inmate housed in a reserved cell or living space shall be in the primary custody of the department of corrections and rehabilitation and receive mental health services through a partnership with the department of health until a determination is made regarding the inmate's fitness to proceed pursuant to chapter 704, Hawaii Revised Statutes.

For the purposes of this subsection, the department of corrections and rehabilitation shall have primary physical custody of an inmate in the pilot program, and the department of health shall be a partnering agency to provide mental health services for the inmate.

(d) The department of corrections and rehabilitation shall submit an interim report to the legislature on the status of the pilot program no later than twenty days prior to the convening of the regular session of 2027 and a final report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2030.

SECTION 2. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and implementation of the fitness to proceed pilot program.

The sums appropriated shall be expended by the department of corrections and rehabilitation for the purposes of this Act.

SECTION 3. This Act shall take effect on July 1, 3000.

Report Title:

DCR; DOH; Fitness to Proceed; Hawaii State Hospital; Reports; Appropriation

Description:

Requires and appropriates funds for the Department of Corrections and Rehabilitation, in partnership with the Department of Health, to establish and implement a five-year Fitness to Proceed Pilot Program in one county of the State. Requires an interim report and final report to the Legislature. Effective 7/1/3000. (HD1)

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