HOUSE OF REPRESENTATIVES

H.C.R. NO.

113

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

S.D. 1

   


HOUSE CONCURRENT

RESOLUTION

REQUESTING THE DEPARTMENT OF HEALTH TO CONVENE A TASK FORCE TO EVALUATE AND RECOMMEND POSSIBLE PROCEDURAL, STATUTORY, AND PUBLIC POLICY CHANGES TO MINIMIZE THE CENSUS AT HAWAII STATE HOSPITAL AND TO PROMOTE COMMUNITY-BASED HEALTH SERVICES FOR FORENSIC PATIENTS.

WHEREAS, individuals with mental illness may be prosecuted in the criminal justice system, and in the process may be admitted to the Hawaii State hospital by court order; and

WHEREAS, the current structures of the mental health and criminal justice systems in Hawaii may be able to improve the level of supervision, monitoring, or treatment necessary to ensure the safety of individuals with mental illness and the community at large; and

WHEREAS, the number of individuals with mental illnesses that come into contact with the criminal justice system may be reduced by coordinated efforts of the mental health and criminal justice systems; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the House of Representatives concurring, that the Department of Health is requested to convene a task force of agency and other stakeholders to analyze the identification, diagnosis, and treatment of persons with mental illness who are committed by the state criminal justice system; and

BE IT FURTHER RESOLVED that the task force is requested to consider, but is not limited to, the following issues

(1) Developing public policies that address community-based mental health services for forensic patients conditionally released by the courts into the community, with specific attention to supervision and monitoring of the forensic patients;

(2) Considering the further and enhanced use of mental health interventions and jail diversion programs to assist persons with mental illness who come into contact with the criminal justice system;

(3) Collaborating with the Judiciary to expand and enhance the Mental Health Court statewide;

(4) Reviewing Chapter 704, Hawaii Revised Statutes, "Fitness to Proceed and Penal Responsibility," for possible revisions that include, but are not limited to:

(A) Clarifying the time frames for persons held pursuant to this chapter and setting maximum court turnaround dates;

(B) Simplifying the "orders to treat" process, where applicable; and

(C) Clarifying the revocation process for those forensic patients conditionally released by the courts into the community; and

(5) Encouraging the continued and expanded use of video-conferencing for forensic patients' court appearances;

(6) Improving the forensic mental health examiner training content, selection, oversight, continuing education, management, and continuous quality improvement processes; and

(7) Improving the coordination of post-release aftercare services for incarcerated severely and persistently mentally ill individuals; and

BE IT FURTHER RESOLVED that the task force be comprised of the following:

(1) Representatives from:

(A) The Department of Health, including the Adult Mental Health Division's (AMHD) Forensic Director, forensic and line staff from the Hawaii State Hospital, community mental health center forensic coordinators, and AMHD forensic evaluators;

(B) The Department of the Attorney General;

(C) The Judiciary;

(D) The Public Safety Division;

(E) The Hawaii Disability Rights Center;

(F) The Hawaii Government Employees Association;

(G) The County Police Departments; and

(H) The Offices of the Public Defender and the Prosecutor; and

(2) Individuals, including:

(A) A forensic specialist from the Hawaii Psychiatric Medical Association;

(B) Qualified mental health consumers who have knowledge of forensic mental health issues;

(C) A forensic mental health service provider;

(D) A forensic specialist from the National Association of Social Workers-Hawaii Chapter;

(E) The chairs of the Senate and House Health Committees or designees; and

(F) Other organizations, as identified by the co-chairs, to serve on the task force or to participate on an ad hoc basis; and

BE IT FURTHER RESOLVED that the Chairs of the Senate and House Health Committees, or their designees, co-chair the task force; and

BE IT FURTHER RESOLVED that the Department of Health, in conjunction with the Department of the Attorney General, is requested to provide the administrative and staff support necessary to fulfill the purpose and duties of the task force; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau shall assist the task force in drafting recommended legislation, if any; and

BE IT FURTHER RESOLVED that the task force shall meet at least monthly from August 2006 through November 2007 and submit a progress report with any recommendations regarding the issues reviewed, including any necessary legislation, no later than twenty days prior to the convening of the Regular Session of 2007, and a final report, including any necessary legislation, no later than twenty days prior to the convening of the Regular Session 2008; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, the Attorney General, the Chief Justice, the President of the Hawaii Psychiatric Medical Association, the President of the Hawaii Disability Rights Center, NASW-Hawaii, the Public Defender, the Prosecutor, the County Police Chiefs, the Executive Director of the Hawaii Government Employees Association, and the Acting Director of the Legislative Reference Bureau.

Report Title:

DOH; Task Force; Hawaii State Hospital Overcrowding.