STAND. COM. REP. NO. 1012

Honolulu, Hawaii

RE: S.B. No. 1612

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1612, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FITNESS TO PROCEED,"

begs leave to report as follows:

The purpose and intent of this measure is to reduce overcrowding at the Hawaii State Hospital.

More specifically, this measure:

(1) Requires and appropriates funds for the Department of Corrections and Rehabilitation, in collaboration with the Department of Health, to establish and implement a five-year Fitness to Proceed Pilot Program; and

(2) Requires an interim report and final report to the Legislature.

Your Committee received written comments in support of this measure from the Department of Health, Hawaii Substance Abuse Coalition, and one individual.

Your Committee received written comments in opposition to this measure from the Department of Corrections and Rehabilitation.

Your Committee received written comments on this measure from the Judiciary and Hawaii Disability Rights Center.

Your Committee finds that, according to the Department of Corrections and Rehabilitation, the Fitness to Proceed Pilot Program would be more appropriately considered in the planning and design of new correctional facilities, such as the planned new Oahu Community Correctional Center. This would provide the Department of Corrections and Rehabilitation, Department of Accounting and General Services, and their consultants with the time needed to set aside adequate and appropriate space, while also providing the Department of Health and Department of Corrections and Rehabilitation the time needed to plan for the additional staff and services required.

Your Committee has amended this measure by:

(1) Clarifying that the pilot program shall be required for buildings constructed after December 31, 2025;

(2) Clarifying that inmates who participate in the pilot program shall be in the joint custody of the Department of Corrections and Rehabilitation and Department of Health; and

(3) Defining the term "joint custody".

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1612, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1612, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair