STAND. COM. REP. NO.  1674-16

 

Honolulu, Hawaii

                , 2016

 

RE:   S.B. No. 2914

      S.D. 1

      H.D. 1

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sir:

 

     Your Committee on Finance, to which was referred S.B. No. 2914, S.D. 1, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO COURT ORDERS TO PROVIDE MEDICAL TREATMENT IN CORRECTIONAL FACILITIES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend the procedures and criteria for involuntary medical treatment of inmates and detainees in correctional facilities.  Specifically, this measure, among other things:

 

     (1)  Adds the definitions of "danger of physical harm to others" and "danger of physical harm to self" to clarify when the petitions for involuntary medical treatment are to be used;

 

     (2)  To support the filing of a petition, allows as an alternative to an affidavit, a declaration of a licensed physician or psychologist who has examined the person, and requires such examination to occur within five days of the submission of the petition, rather than two days, to allow for better operational coordination;

 

     (3)  Limits the petition notification requirement to persons identified as legal guardians or emergency contacts of the subject of the petition, to support timelier proceedings; and

     (4)  Clarifies the ability of the Department of Public Safety to seek an extension of an involuntary treatment order, prior to expiration of the order, if necessary.

 

     The Department of the Attorney General supported this measure.  The Department of Public Safety provided comments.

 

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2914, S.D. 1, H.D. 1, and recommends that it pass Third Reading.

 

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

 

 

 

 

____________________________

SYLVIA LUKE, Chair