Honolulu, Hawaii



RE:     H.B. No. 1442

        H.D. 2

        S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii




     Your Committee on Ways and Means, to which was referred H.B. No. 1442, H.D. 2, S.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to expand and improve the State's criminal justice diversion program.


     More specifically, the measure:


     (1)  Expands the scope of the criminal justice diversion program for certain nonviolent petty misdemeanants, and appropriates moneys to implement the expansion;


     (2)  Lengthens the allowable period of court-ordered assisted community treatment for persons who are mentally ill or suffering from a substance abuse disorder, and for extensions of the court order;


     (3)  Allows courts to require certain persons who violate probation to undergo a mental health evaluation and treatment as a condition of continued probation;


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


     (5)  Appropriates moneys to restore funding for probation officer services for the mental health court.


     Your Committee received written comments in support of this measure from the Judiciary, Hawaii Correctional System Oversight Commission, Department of Health Adult Mental Health Division, Honolulu Police Department, Hawaii Substance Abuse Coalition, and four individuals.


     Your Committee received written comments on this measure from the Office of the Public Defender and Department of the Prosecuting Attorney for the City and County of Honolulu.


     Your Committee finds that the criminal justice diversion program supported by this measure will help reduce overcrowding in the State's correctional centers while improving care for persons who are unsheltered, or have mental health challenges, substance use disorders, or both, and who may otherwise become involved in the State's criminal justice system.


     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1442, H.D. 2, S.D. 1, and recommends that it pass Third Reading.


Respectfully submitted on behalf of the members of the Committee on Ways and Means,