Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1032
                                     S.D. 1
                                     H.D. 2

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 1032, S.D. 1, H.D. 1, entitled:


begs leave to report as follows:

     The purpose of this bill is to authorize the Department of
Health to adopt administrative rules to establish an
administrative process allowing involuntary medication of
institutionalized psychiatric patients.

     Your Committee received testimony in support of this bill
from the Department of Health, the Hawaii Government Employees
Association, the Hawaii Psychiatric Medical Association and other
concerned individuals.  Comments were received from the Office of
the Public Defender, United Self-Help and concerned individuals.

     Your Committee finds that there is a lack of statutory
guidelines to authorize the issuance of court orders for
involuntary medication of individuals who are involuntarily
committed to psychiatric institutions.

     Your Committee amended this bill by deleting its contents
and inserting provisions to:

     1.   Initiate proceedings for involuntary medication;

                                 STAND. COM. REP. NO. 1762
                                 Page 2

     2.   Require that petitions be filed for involuntary
          psychoactive medication accompanied by a certificate
          of the treating psychiatrist and a certificate of a
          licensed non-treating psychiatrist;

     3.   Establish criteria for hearings on petitions for
          involuntary medication and the issuance of court orders
          for medication;

     4.   Allow for judicial determination for the issuance of
          orders for involuntary medication upon meeting a set of
          criteria where there is proof by clear and convincing
          evidence; and

     5.   Authorize patient representation by a public defender
          during proceedings for involuntary medication.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 1032, S.D. 1, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as S.B. No. 1032, S.D. 1, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,

                                   PAUL T. OSHIRO, Chair