STAND. COM. REP. NO.  1351-22

 

Honolulu, Hawaii

                , 2022

 

RE:   S.B. No. 2115

      S.D. 1

      H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2115, S.D. 1, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE ROOM CONFINEMENT OF MINORS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Require certain minors within the jurisdiction of the family court who are not released or deemed suitable for diversion to be taken without unnecessary delay to the family court or to the place of shelter designated by the family court; and

 

     (2)  Establish conditions and time limits for placing a minor in room confinement at a juvenile detention or adult jail facility.

 

     Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Office of the Public Defender, Office of Youth Services, American Civil Liberties Union of Hawaii, Opportunity Youth Action Hui, and one individual.

 

     Your Committee finds that states are currently reexamining the practice of placing juveniles in solitary confinement, or room confinement, as concerns about the effectiveness of this practice mounts.  Your Committee further finds that long periods of isolation have negative consequences on youth as they are especially vulnerable to the mental and emotional effects of room confinement.  Such isolation can lead to depression, anxiety, psychosis, and psychological and developmental harm.  This measure establishes conditions and limits for placing minors in room confinement at a detention or adult jail facility.

 

     Your Committee notes that as currently drafted, this measure would allow an unlicensed mental health professional to determine if a minor should be subject to room confinement.  Your Committee believes that due to the serious nature of room confinement and potential risk to minors, a qualified mental health professional should oversee the decisions regarding room confinement for minors.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Defining a "mental health professional" to mean a qualified mental health professional or mental health professional supervised by a qualified mental health professional; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2115, S.D. 1, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 2115, S.D. 1, H.D. 2.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair