STAND. COM. REP. NO. 512

 

Honolulu, Hawaii

††††††††††††††††

 

RE:††† S.B. No. 199

†††††† S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

†††† Your Committees on Human Services and Health, to which was referred S.B. No. 199 entitled:

 

"A BILL FOR AN ACT RELATING TO ASSISTED COMMUNITY TREATMENT,"

 

beg leave to report as follows:

 

†††† The purpose and intent of this measure is to better serve Hawaii's mentally ill population by mandating appointment of a guardian ad litem to represent the best interest of a mentally ill individual in assistant community treatment (ACT).

 

†††† Your Committees received testimony in support of this measure from Bay Clinic; Huli Au Ola, Maui County Area Health Education Center; Hawaii Substance Abuse Coalition; The Institute for Human Services, Inc.; St. Elizabeth's Church; Ohana Health Plan; Habitat for Humanity Hawaii Island, Inc.; St. Michael the Archangel Parish; Community Alliance Partners; BRE Hotels & Resorts; and twelve individuals.Your Committees received comments on this measure from the Judiciary, Department of the Attorney General, Office of the Public Defender, Department of Health, and Hawaii Disability Rights Center.

 

†††† Your Committees find that mentally ill individuals are not adequately represented at ACT or MH-1 proceedings.Your Committees also find that by requiring the appointment of a guardian ad litem for subjects of ACT and MH-1 proceedings, and by eliminating the requirement that the subject of a petition be present at the hearing (provided that the subject has been served with the petition and the subjectís guardian ad litem is present), these individuals will be better represented during these proceedings.

 

†††† Your Committees have amended this measure by:

 

†††† (1)Adding applications for emergency examination and hospitalization (MH-1) to be included in the proceedings covered by this measure requiring the appointment of a guardian ad litem;

 

†††† (2)Inserting an effective date of May 1, 2029, to encourage further discussion;

 

†††† (3)Amending section 1 to reflect its amended purpose; and

 

†††† (4)Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

†††† As affirmed by the records of votes of the members of your Committees on Human Services and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 199, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 199, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Human Services and Health,

 

________________________________

JARRETT KEOHOKALOLE, Chair

 

________________________________

JOY A. SAN BUENAVENTURA, Chair