STAND. COM. REP. NO.  1198


Honolulu, Hawaii

                , 2015


RE:   S.B. No. 961

      S.D. 2

      H.D. 2





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii




     Your Committee on Judiciary, to which was referred S.B. No. 961, S.D. 2, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to amend petition and hearing procedures for assisted community treatment.  Specifically, this measure, among other things:


     (1)  Removes the ten-day limit for setting a hearing date after the filing of a petition for assisted community treatment;


     (2)  Amends petition and hearing notice requirements;


     (3)  Specifies hearing circumstances under which a guardian ad litem, public defender, or other court-appointed counsel may be appointed to assist a subject of a petition;


     (4)  Removes provisions allowing the court to order a subject to be examined by a licensed psychiatrist; and


     (5)  Requires treating providers to provide information related to emergency mental health examinations and hospitalizations to the Department of Health for reporting purposes.


     The Department of Health, PHOCUSED, Institute for Human Services, Waipahu Aloha Clubhouse Advisory Board, and Mental Health America of Hawaii testified in support of this measure.


     Your Committee has amended this measure by:


     (1)  Establishing that a psychiatric examination for the initiation of proceedings for assisted community treatment shall be valid so long as the examiner is able to receive enough information from the subject of the petition to reach a diagnosis of the mental illness of the subject of the petition, and to express a professional opinion concerning the same, even if the subject of the petition is not fully cooperative;


     (2)  Clarifying that the subject of the petition is not required to accept legal representation by the public defender or other court-appointed counsel;


     (3)  Establishing a "within a reasonable time" requirement for psychiatric assessments used in a hearing to commit a subject of a petition to receive assisted community treatment;


     (4)  Changing its effective date to upon its approval; and


     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 961, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 961, S.D. 2, H.D. 2.



Respectfully submitted on behalf of the members of the Committee on Judiciary,