Honolulu, Hawaii

                , 2023


RE:   H.B. No. 1442

      H.D. 2





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii




     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1442, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to:


     (1)  Expand the Criminal Justice Diversion Program;


     (2)  Amend the allowable period of court-ordered assisted community treatment and considerations for extensions;


     (3)  Allow courts to require certain probation violators to undergo mental health evaluation and treatment as a condition of continued probation; 


     (4)  Require the Department of Health to contract with behavioral health crisis centers; and


     (5)  Appropriate funds to restore funding for probation officer services for the Mental Health Court.


     Your Committee received testimony in support of this measure from the Judiciary; Hawaii Correctional System Oversight Commission; Department of Health; Honolulu Police Department; Hawaii Substance Abuse Coalition;, Institute for Human Services, Inc.; and three individuals.  Your Committee received comments on this measure from the Department of the Attorney General, Office of the Public Defender, and Department of the Prosecuting Attorney of the City and County of Honolulu.


     Your Committee finds that this measure would support criminal justice diversion programming to ensure that individuals who interact with the justice system receive the appropriate treatment for their behavioral health challenges.


     Your Committee has amended this measure by clarifying that a defendant may, rather than shall, be subject to revocation of probation and incarceration if the defendant fails to complete the treatment program required by the court or the court determines that the defendant cannot benefit from any other suitable treatment program.


     Your Committee notes the concerns raised in the Department of the Attorney General's testimony and encourages the Judiciary to work with the Department together on this measure.


     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider the amendments proposed in the Department of Health's testimony to:


     (1)  Add language to the measure that acknowledges the need for locations that will have an increased number of evaluations to be fully operational prior to program implementation;


     (2)  Establish five full-time equivalent court-based clinician positions, which would cost $575,000 annually; and


     (3)  Insert an effective date of July 1, 2024, for this measure.


     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 H.B. No. 1442, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1442, H.D. 2.



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