STAND. COM. REP. NO. 376

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 859

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committees on Public Safety and Military Affairs and Human Services, to which was referred S.B. No. 859 entitled:

 

"A BILL FOR AN ACT RELATING TO PERSONS COMMITTED TO THE HAWAII YOUTH CORRECTIONAL FACILITIES OR TO THE CUSTODY OR CARE OF THE EXECUTIVE DIRECTOR OF THE OFFICE OF YOUTH SERVICES,"

 

beg leave to report as follows:

 

     The purpose of this measure is to require certain state departments to furnish information, records, and documents to the Executive Director of the Office of Youth Services to provide treatment and care for a committed youth in the correctional facility.

 

     Testimony in support of this measure was submitted by two state agencies and one individual.  Testimony in opposition of this measure was submitted by one state agency.  Written testimony presented to the Committees may be reviewed on the Legislature's website.

 

     Your Committees find that providing the Executive Director of the Office of Youth Services with information, records, and documents for purposes of treating or caring for a committed youth at the correctional facility is in the best interest of the correctional facility and the committed youth; provided that the information, records, and documents are kept confidential and only used for official purposes.  Your Committees also find that the timely sharing of information, records, and documents with the Executive Director of the Office of Youth Services may facilitate the rehabilitation of the committed youth.

 

     Your Committees have amended this measure by:

 

     (1)  Requiring that confidential information, records, and documents in the possession of the Department of Education shall only be furnished to the Executive Director of the Office of Youth Services with a court order or consent of the youth's parent; and

 

     (2)  Making technical, nonsubstantive amendments for the purpose of clarity.

 

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 859, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 859, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Human Services,

 

____________________________

SUZANNE CHUN OAKLAND, Chair

 

____________________________

WILL ESPERO, Chair