STAND. COM. REP. NO. 247

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1130

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committees on Public Safety, Intergovernmental and Military Affairs and Health, to which was referred S.B. No. 1130 entitled:

 

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

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Amend involuntary medical treatment criteria to include an inmate or detainee who poses a danger of physical harm to others;

 

     (2)  Define "danger of physical harm to others" and "danger of physical harm to self";

 

     (3)  Allow for a declaration to be filed with the petition as an alternative to an affidavit for the initiation of a proceeding for involuntary medical treatment;

 

     (4)  Authorize the court to appoint a guardian ad litem or a temporary guardian to represent a person, if the person is unable to participate, at any point during the proceedings and after the filing of the petition;

 

     (5)  Amend the time requirement for filing a court order for medical treatment from a period of within two days of an examination of the person to within five days;

 

     (6)  Amend the list of persons who must be notified of the hearing on petition for involuntary medical treatment to either the person's legal guardian or emergency contact listed;

 

     (7)  Clarify the effective expiration date of the order for persons who return to custody after release; and

 

     (8)  Authorize the extension of an existing involuntary treatment order if certain criteria are met.

 

     Your Committees received testimony in support of this measure from the Department of the Attorney General and Department of Public Safety.

 

     Your Committees find that an efficient and responsive court process enables medical staff at correctional facilities to provide critical and necessary medical treatment.  Timely medical treatment results in the improved mental and physical condition of inmates and detainees.  Implementation of this measure addresses necessary modifications to the process of petitioning for involuntary medical treatment orders for inmates and detainees in the custody of the Department of Public Safety.

 

     As affirmed by the records of votes of the members of your Committees on Public Safety, Intergovernmental and Military Affairs and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1130 and recommend that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental and Military Affairs and Health,

 

____________________________

JOSH GREEN, Chair

 

____________________________

WILL ESPERO, Chair