HOUSE OF REPRESENTATIVES

H.B. NO.

412

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Civil Rights.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the issue of homelessness continues to be one of the State's most significant and challenging social problems.  In particular, Hawaii has the highest rate of chronic unsheltered homeless per capita of any state.  Many of the persons who fall within this category suffer from mental health or substance abuse issues that make it difficult for outreach workers to connect these persons with the services that they require.

     The legislature further finds that there is a process under section 334-59, Hawaii Revised Statutes, by which a law enforcement officer may initiate proceedings for an emergency examination or hospitalization for individuals who are imminently dangerous to themselves or others.

     The purpose of this Act is to establish, within the department of health, a civil rights board consisting of individuals with a background in homelessness, mental health treatment, substance abuse treatment, human services, or criminal justice that may:

     (1)  Request that a law enforcement officer initiate proceedings for the emergency examination and hospitalization of an individual pursuant to section 334-59(a), Hawaii Revised Statutes; and

     (2)  Order a law enforcement officer to address a complaint if an individual poses a danger to public health and safety and the law enforcement officer declines to initiate an emergency and hospitalization.

     SECTION 2.  Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§334-     Civil rights board; established.  (a)  There is established, within the department, the civil rights board.

     (b)  The civil rights board shall consist of nine members:

     (1)  Three to be appointed by the governor;

     (2)  Three to be appointed by the governor from a list of not less than five nominees submitted to the governor by the president of the senate; and

     (3)  Three to be appointed by the governor from a list of not less than five nominees submitted to the governor by the speaker of the house of representatives.

The members of the civil rights board shall be subject to section 26-34.

     (c)  Each member of the civil rights board shall have a background in homelessness, mental health treatment, substance abuse treatment, human services, or criminal justice.

     (d)  The civil rights board may request that a law enforcement officer initiate proceedings for an emergency examination and hospitalization of an individual pursuant to section 334-59(a).

     (e)  If a law enforcement officer declines a request made pursuant to subsection (d), and the civil rights board determines that the individual poses a danger to public health or safety, the civil rights board may order a law enforcement officer to address any complaint by taking action that would help to ameliorate the situation or ensure that the individual no longer poses a danger to public health or safety, including relocating the individual or taking the individual into custody.

     (f)  The department shall establish rules pursuant to chapter 91 to implement the purposes of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Homelessness; Civil Rights Board; Emergency Examination and Hospitalization

 

Description:

Establishes a Civil Rights Board to address the civil rights of homeless.  Authorizes the board to:  (1) request a law enforcement officer to initiate proceedings for an individual's emergency examination and hospitalization; and (2) if the law enforcement officer declines to do so, order the officer to address any complaint by taking action that would help to ameliorate the situation.

 

 

 

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