Honolulu, Hawaii

, 2019


RE: S.B. No. 1124

S.D. 2

H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Judiciary, to which was referred S.B. No. 1124, S.D. 2, H.D. 1, entitled:




begs leave to report as follows:


The purpose of this measure is to clarify requirements for petitions, procedures, and hearings for involuntary hospitalization and assisted community treatment to promote mental health treatment. Specifically, this measure:


(1) Clarifies that the inability to satisfy the need for treating mental illness shall be included in elements determining whether a person is dangerous to self;


(2) Specifies that the Attorney General may decline to present a case for involuntary hospitalization if the Attorney General determines that the case lacks merit;


(3) Requires the administrator or attending physician to assess whether an assisted community treatment plan is indicated upon a patient's discharge from involuntary hospitalization;


(4) Requires the Department of the Attorney General to assist with the petition for assisted community treatment and related court proceeding;


(5) Amends the content of the petition, criteria for certificate of examination by a licensed mental health provider, and criteria for initiation of proceedings for assisted community treatment; and


(6) Appropriates funds for the establishment and appointment of two Deputy Attorneys General and support staff to assist with petitions for assisted community treatment.


The Department of Health, Honolulu Police Department, Hawaii Kai Homeless Task Force, Partners in Care, The Institute for Human Services, and an individual testified in support of this measure. The Governor's Coordinator on Homelessness, Department of the Attorney General, Hawaii Disability Rights Center, and American Civil Liberties Union of Hawaii provided comments.


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. 1124, S.D. 2, H.D. 1, and recommends that it be referred to your Committee on Finance.



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