STAND. COM. REP. NO.690-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 1749

H.D. 2




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1749, H.D. 1, entitled:


begs leave to report as follows:

The purpose of this bill is to require the Department of Health (DOH) to disclose to adult residential care home operators the prior criminal history of certain prospective residents under certain circumstances.

The Hawaii Coalition of Care Home Administrators and concerned individuals testified in support of this measure. DOH, the Office of Information Practices, the Executive Office on Aging, and the Office of the Public Defender testified in opposition to this measure.

Your Committee finds that operators of adult residential care homes (ARCH) should be provided relevant criminal history information on prospective residents, in order to make informed decisions when considering admitting these individuals into the ARCH.

Your Committee amended the bill by limiting information required to be disclosed by the Department of Health to that which the Department is in possession of that relates to:

(1) Convictions of offenses involving violence to persons;

(2) Admission to the state hospital resulting from acquittals for offenses involving violence to a person; and

(3) Supervision by a probation or parole officer.

Your Committee also made technical, nonsubstantive amendments for clarity, conformity, and style.

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 H.B. No. 1749, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1749, H.D. 2.

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