Report Title:

Mental Health Services; Correctional Facilities

Description:

Requires DPS to provide mental health services and treatment in all correctional facilities in this State to any inmate diagnosed with a condition that requires mental health services.

HOUSE OF REPRESENTATIVES

H.B. NO.

1357

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to mental health care in correctional facilities.

 

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

SECTION 1. Chapter 352, Hawaii Revised Statutes, is amended by added a new section to read as follows:

"§352-   Mental health care. The director shall be required to provide mental health services and treatment in all youth correctional facilities in this State to any person committed to a youth correctional facility who has been diagnosed with a mental health condition, psychiatric disorder, or other disease or condition that substantially impairs the person's mental health and necessitates treatment or supervision."

SECTION 2. Section 351-2.1, Hawaii Revised Statutes, shall be amended by amending subsection (b) to read as follows:

"(b) The policy and purpose of this chapter is to harmonize the sometimes conflicting requirements of public safety, secure placement, and individualized services for law violators in the custody and care of the director. To that end, the director shall provide the opportunity for intelligence and aptitude evaluation, psychiatric and psychological testing and counseling[,] and treatment, prevocational and vocational training, and employment counseling to all persons committed to the Hawaii youth correctional facilities. Counseling services shall be available to the committed person's family during the term of commitment. The director shall coordinate services provided to the facilities by other departments and agencies, to realize these policies and purposes."

SECTION 3. Section 352-13, Hawaii Revised Statutes, is amended to read as follows:

"§352-13 Evaluation, counseling, training[.], and treatment services. The director shall provide the opportunity for intelligence and aptitude evaluation, psychiatric and psychological testing and counseling[,] and treatment services, prevocational and vocational training, and employment counseling to all persons committed to the youth correctional facilities. Counseling services shall be available for the committed person's family including a reciprocal beneficiary, during the term of commitment."

SECTION 4. Section 353-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The facility shall:

(1) Provide extensive control and correctional programs for categories of persons who cannot be held or treated in other correctional facilities including, but not limited to:

(A) Individuals committed because of serious predatory or violent crimes against the person;

(B) Intractable recidivists;

(C) Persons characterized by varying degrees of personality disorders;

(D) Recidivists identified with organized crime; and

(E) Violent and dangerously deviant persons;

(2) Provide correctional services including, but not limited to, psychiatric and psychological evaluation[,] and treatment, social inventory, correctional programming, and medical, mental health, and dental services; and

(3) Provide recreational, educational, occupational training, and social adjustment programs."

SECTION 5. Section 353-13, Hawaii Revised Statutes, is amended to read as follows:

"§353-13 Examination by medical officer. The medical officer of a correctional facility shall carefully examine any committed person upon admission and shall establish a medical record and enter therein a statement of the committed person's physical and mental health condition upon entry and all subsequent medical treatment, including mental health services and treatment, and examination made while [such] the person is residing at [a] any [state] correctional facility[.] in this State."

SECTION 6. Section 353-13.3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353-13.3[]] Mental health care. The department shall be [responsible for providing] required to provide mental health services and treatment in all correctional facilities in this State, including community correctional centers[.] and high security correctional facilities, to any inmate who has been diagnosed with a mental health condition, psychiatric disorder, or other disease or condition that substantially impairs the person's mental health and necessitates treatment or supervision."

SECTION 7. The department of public safety shall submit a report to the legislature not later than twenty days before the convening of the regular session of 2004 on the mental health treatment programs and services available to inmates in all correctional facilities in this State, including program descriptions and information establishing the types of mental health services and treatments available to inmates in all correctional facilities in this State.

SECTION 8. 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 2003-2004, and the same sum or so much thereof as may be necessary for fiscal year 2004-2005, for the provision of mental health services and treatment in all correctional facilities in this State to any inmate diagnosed with a condition that requires mental health services.

SECTION 9. The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________